Common vs Positive Law & US Legal System Origins

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Questions and Answers

In revenge-based justice, individuals seek retribution for wrongs committed against them.

True (A)

Positive law is based on judicial precedents and case rulings.

False (B)

The U.S. legal system is based solely on English Common Law in all states.

False (B)

King Henry II developed Roman Civil Law.

False (B) Signup and view all the answers

Clergymen issued injunctions as an alternative to common law, providing preventative court orders.

True (A) Signup and view all the answers

What is the primary basis of common law?

Judicial precedents and case rulings (C) Signup and view all the answers

Which legal system is primarily based on codified laws rather than judicial precedent?

Roman Civil Law (D) Signup and view all the answers

Which of the following describes a key characteristic of positive law?

It is enforced regardless of traditions or customs. (B) Signup and view all the answers

What role did clergymen play in offering an alternative to common law?

They issued injunctions. (D) Signup and view all the answers

Under whose reign did English Common Law begin to develop?

King Henry II (C) Signup and view all the answers

Which progression accurately describes the stages in the growth of law?

Revenge-Based Justice → Leadership-Imposed Compensation → Court System Established → Prevention & Law Enforcement (C) Signup and view all the answers

In what fundamental way does positive law differ from common law in its application?

Positive law is strictly enforced regardless of custom, whereas common law evolves with societal standards. (D) Signup and view all the answers

What was the key innovation introduced by English Common Law under King Henry II that significantly altered legal proceedings?

The implementation of the jury system for decision-making in court cases. (D) Signup and view all the answers

What inherent limitation of common law led to the development and use of injunctions issued by clergymen?

Common law's inability to provide remedies beyond monetary compensation and its reactive nature. (A) Signup and view all the answers

In a state that follows English Common Law, how might a judge approach a case with circumstances not previously encountered in legal precedent?

The judge would rely on regional customs and analogous case rulings to reach a decision. (A) Signup and view all the answers

Match the stage in the growth of law with its description:

Revenge-Based Justice = Individuals seek personal retribution for wrongs. Leadership-Imposed Compensation = A leader dictates payment instead of allowing revenge. Court System Established = Leaders assign cases to courts for efficiency. Prevention & Law Enforcement = Laws are formalized to avoid conflicts. Signup and view all the answers

Match the legal system with its description:

Common Law = Based on judicial precedents and case rulings. Positive Law = Created and enforced by a sovereign or legislative body. English Common Law = Developed under King Henry II. Roman Civil Law = Based on codified laws. Signup and view all the answers

Match the concept with its description in the context of English Common Law:

King's Court = Established for major cases. Jury System = Introduced for decision-making. Equity = An alternative to common law. Injunctions = Preventative court orders issued by clergymen. Signup and view all the answers

Match the origin with the legal system it influenced in the U.S.:

English Common Law = Used in every U.S. state except Louisiana. Roman Civil Law = Used in Louisiana. Judicial Precedents = Basis for Common Law Codified Laws = Basis for Roman Civil Law Signup and view all the answers

Flashcards

Revenge-Based Justice

Justice based on individuals seeking retribution for wrongs done to them.

Common Law

Law based on judicial precedents and previous case rulings; similar cases yield similar results and evolves with societal standards.

Positive Law

Law created and imposed by a sovereign or legislative body; it is enforced regardless of traditions or customs, and is often rigid and structured.

English Common Law

A system where regional customs were used to decide cases, a King’s Court was established for major cases, and a jury system was introduced for decision-making; provides uniformity and adaptability.