Common Law: Judge-Made Law Overview

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Questions and Answers

What is a key characteristic of common law highlighted in the text?

Its focus solely on statutory law, with limited judicial interpretation
Its dependence on strict adherence to past rulings, regardless of circumstances
Its rigidity and lack of adaptability to societal changes
Its ability to evolve and respond to changing societal norms (correct)

What does the phrase 'cases of first impression' mean in a legal context?

Cases where the court is forced to rely on previously overturned rulings
Cases where existing precedents directly apply and dictate the outcome
Cases that are initially dismissed by the court
Cases that present unique issues for which no prior legal rulings exist (correct)

In situations where a court faces a case of 'first impression,' what sources of guidance might they consider?

Strictly binding statutory law and past court rulings
Legal principles, social values, and public policy, even though not binding (correct)
Solely the opinions of other lower-level courts
The personal opinions of the judges involved in the case

What action can a legislative body take if it disagrees with how courts have interpreted a particular statute?

Amend the initial language of the statute to clarify or change the law to get the results they are seeking (D) Signup and view all the answers

Who is primarily responsible for the creation of case law, or common law, according to the content?

Judges through their interpretation of statutes and legal principles (B) Signup and view all the answers

What is another term for common law?

Case law (B) Signup and view all the answers

Which of the following best describes the historical development of common law?

It began in the tenth and eleventh centuries in England and was brought to the U.S. (C) Signup and view all the answers

What does the term 'stare decisis' mean in the context of common law?

To stand by the decisions (C) Signup and view all the answers

In a breaking and entering case, why might a judge refer to common law when a statute defines the crime?

The statutes lack sufficient detail and history, like what constitutes stealth or force. (C) Signup and view all the answers

According to the content, what is a possible defense a defendant (who entered an open garage to retrieve a shovel) could present in a breaking and entering case?

That they had no intention to commit theft, as they believed they were retrieving their own property and therefore did not commit a crime. (A) Signup and view all the answers

How might a judge use precedents when determining the definition of 'force, stealth or deception' in a breaking and entering case?

They might look at cases where property was entered without the owner’s knowledge. (B) Signup and view all the answers

Which scenario best exemplifies the application of common law principles?

A judge reviews past court decisions to determine if retrieving one's own property might still constitute theft. (A) Signup and view all the answers

Does common law mean that precedents are always followed and never overturned?

No, precedents can be overturned, although not frequently. (B) Signup and view all the answers

Flashcards

Flexibility of Common Law

The ability of the law to adapt and change based on society's evolving values and beliefs.

Legal Precedent

A previous legal decision that serves as a guideline for future similar cases.