Evolution of Common Law System

Questions and Answers

What is the distinction between authentic interpretation and interpretation by the courts?

Authentic interpretation can only be done by the legislator in a generally binding manner, while interpretation by the courts is relevant only for individual cases.

What was the philosophy behind the new court system established in France after the revolution?

Courts should never have the possibility to exercise legislative power.

How did the Norman invasion of England in 1066 impact the legal system?

It brought a strong hierarchical structure and centralization of power.

What is the term used for former cases having binding power in common law?

Stare decisis Signup and view all the answers

In what century did the publication of court decisions in Year Books begin?

14th century Signup and view all the answers

Why was common law seen as superior to codifications in England?

Common law was considered superior due to its flexibility, tailored decisions, and the expertise of judges. Signup and view all the answers

What were Consolidation Acts in 19th century England used for?

Consolidation Acts combined statutory norms and case law of a legal field. Signup and view all the answers

Which country was the first to have codifications for its legal system in the 19th century?

India Signup and view all the answers

What legal principle allows for application of former cases to new cases through distinguishing and analogy?

Stare decisis Signup and view all the answers

What is the role of legal scholars according to the Historical School of law in Germany?

To find the Volksgeist through historical inquiry and systematize the essence of the law. Signup and view all the answers

Explain the main opposition against codification in Germany in the early 19th century.

The main opposition came from legal scholars who believed that law should be rooted in the Volksgeist and derived from historical development. Signup and view all the answers

What is the significance of stare decisis in the development of case law?

It establishes a binding power based on the ratio decidendi, even if mentioned in one judgment. Signup and view all the answers

When did codification arise in Germany according to the text?

Codification only arose at the end of the 19th century in Germany. Signup and view all the answers

What approach does the Historical School of law take towards the understanding of law?

It views law as a product of historical development, not derived from reason or enactment. Signup and view all the answers

Explain the vertical and horizontal binding of appellate courts mentioned in the text.

Vertical binding refers to courts being bound by their own previous judgments, while horizontal binding involves courts being bound by judgments of other appellate courts. Signup and view all the answers

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