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 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 Signup and view all the answers

What is another term for common law?

Case law 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. Signup and view all the answers

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

To stand by the decisions 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. 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. 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. 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. 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. Signup and view all the answers

Study Notes

Common Law: Judge-Made Law

Common law, also known as case law, is distinct from statutes or regulations
Evolved over centuries, originating in England & adopted in the U.S. by colonists
Early England: Agrarian society with various local legal customs
William the Conqueror unified England's courts, applying common law throughout.

Stare Decisis

Judges consider prior rulings (precedents) in similar cases
Purpose is to apply consistent rulings (stare decisis – "to stand by things decided")
Relevant in various legal situations, including specific crimes.

Example: Breaking and Entering

Judge must interpret statutes, alongside common-law precedents.
Judges look to previous cases to understand concepts like "structure" or "force, stealth, or deception".
Precedent helps guide complex legal details

Precedents and Change

Precedents are not immutable; they can be overturned based upon changing social norms
Plessy v. Ferguson (1896) legalized segregation – reversed in Brown v. Board of Education (1954).

First Impression Cases

Unique cases with no prior precedent
Judges consider persuasive authorities like legal principles, social values, and public policy.
These persuasive authorities guide legal reasoning without being binding.

Interplay of Statutes and Common Law

Statutes (laws made by legislatures) are often unclear in their ramifications.
Case law clarifies statute detail via court rulings (creating common law interpretations).
Legislative bodies may amend statutes when case law doesn't match their intended purpose.
Judges, in interpreting statutes, essentially shape case law.

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Description

This quiz explores the fundamental principles of common law, including its historical origins and the importance of judicial precedents, particularly in the context of Stare Decisis. Delve into how past rulings influence current legal decisions, using examples such as breaking and entering. Understand the evolution of precedents and their relevance in contemporary law.