Podcast
Questions and Answers
What is the primary source of common law?
What is the primary source of common law?
- Written agreements between parties
- Custom (correct)
- Judicial precedents
- Legislation passed by government bodies
Which of the following is NOT one of the tests for a good custom to be recognized as law?
Which of the following is NOT one of the tests for a good custom to be recognized as law?
- Consistent
- Compulsory
- Peaceable
- Innovative (correct)
According to Blackstone, a custom must be ancient. What does this imply?
According to Blackstone, a custom must be ancient. What does this imply?
- It must be recognized by the government
- It must have been practiced for several generations
- It must be recorded in written documents
- It cannot have a known origin (correct)
Why is the emphasis on reason important for a custom to be considered law?
Why is the emphasis on reason important for a custom to be considered law?
What does it mean for a custom to be 'certain'?
What does it mean for a custom to be 'certain'?
A law must be consistent. What does this entail?
A law must be consistent. What does this entail?
What role does common consent play in determining if a custom is 'peaceable'?
What role does common consent play in determining if a custom is 'peaceable'?
Flashcards
Common Law Origin
Common Law Origin
The primary source of common law, developed through consistent social practices and accepted rules.
Tests for Legal Custom
Tests for Legal Custom
Court guidelines used to determine if a custom should be considered law.
Ancient Custom
Ancient Custom
A custom must be ancient, with its beginnings unknown to most.
Continuous Custom
Continuous Custom
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Peaceable Custom
Peaceable Custom
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Reasonable Custom
Reasonable Custom
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Certain Custom
Certain Custom
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Study Notes
Common Law Origins
- Common law originated from customs developed through trial and error.
- Courts established guidelines to ensure customs weren't arbitrary.
Criteria for Customary Law
- Blackstone's COMMENTARIES outlined criteria for customs to be considered law:
- Ancient: No known starting point.
- Continuous: Rights haven't been abandoned or interrupted.
- Peaceable: Supported by general consent.
- Reasonable: Logical and justifiable.
- Certain: Clearly defined and understandable.
- Compulsory: Obligatory for all.
- Consistent: Doesn't contradict existing customs.
Stability of Common Law
- Few customs meet these criteria, maintaining law's stability.
- Reason is central; illogical customs aren't considered law.
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Description
Explore the origins and development of common law, rooted in customs shaped through trial and error. This quiz covers the important criteria outlined by Blackstone for customary law and the stability afforded by these legal principles.
