Podcast
Questions and Answers
What was previously the only statutory course taught in first-year law school?
What was previously the only statutory course taught in first-year law school?
- Criminal Procedure
- Civil Procedure (correct)
- Constitutional Law
- Civil Rights
What has appreciably eroded in the field of common law?
What has appreciably eroded in the field of common law?
- The role of judges in lawmaking
- The significance of prior decisions
- The importance of litigants in shaping the law
- The doctrine of stare decisis (correct)
What is the author's stance on the common law?
What is the author's stance on the common law?
- It should be left as it is, as a valuable method of developing the law (correct)
- It should be abolished as a relic of the past
- It should be strictly limited to avoid judicial overreach
- It should be replaced by a more democratic system of lawmaking
What is the author's primary concern in the given text?
What is the author's primary concern in the given text?
What is the characterization of judges, according to Madison, mentioned in the text?
What is the characterization of judges, according to Madison, mentioned in the text?
What is the primary focus of the field of Antonin Scalia, according to the text?
What is the primary focus of the field of Antonin Scalia, according to the text?
What is the estimated proportion of constitutional issues in the Supreme Court?
What is the estimated proportion of constitutional issues in the Supreme Court?
What is the primary focus of the author's discussion?
What is the primary focus of the author's discussion?
What is the author's argument regarding the development of private law by judges?
What is the author's argument regarding the development of private law by judges?
What is the author's opinion about the Constitution being a charter for judges to develop an evolving common law?
What is the author's opinion about the Constitution being a charter for judges to develop an evolving common law?
What is the main reason the author does not want to debate the role of constitutional interpretation?
What is the main reason the author does not want to debate the role of constitutional interpretation?
What is the primary characteristic of the common law in the Anglo-Saxon tradition?
What is the primary characteristic of the common law in the Anglo-Saxon tradition?
What is the author's view on the purpose of a written constitution?
What is the author's view on the purpose of a written constitution?
According to the passage, what is the role of customary practice in influencing common law decisions?
According to the passage, what is the role of customary practice in influencing common law decisions?
What is the significance of the doctrine of stare decisis in the context of common law?
What is the significance of the doctrine of stare decisis in the context of common law?
What is the significance of Oliver Wendell Holmes's book, The Common Law?
What is the significance of Oliver Wendell Holmes's book, The Common Law?
What is the primary subject matter of the Year Books?
What is the primary subject matter of the Year Books?
What can be inferred about the development of the common law over time?
What can be inferred about the development of the common law over time?
What is the main concern about combining the power of judging with the legislative, according to Montesquieu?
What is the main concern about combining the power of judging with the legislative, according to Montesquieu?
How did the prevailing image of the common law view judges' role in the 18th century?
How did the prevailing image of the common law view judges' role in the 18th century?
What is the primary function of Sutherland's Statutes and Statutory Construction?
What is the primary function of Sutherland's Statutes and Statutory Construction?
What is the term used to describe the idea that judges in fact 'make' the common law?
What is the term used to describe the idea that judges in fact 'make' the common law?
Why is there a lack of comprehensive treatises on statutory interpretation?
Why is there a lack of comprehensive treatises on statutory interpretation?
How many volumes does Sutherland's Statutes and Statutory Construction currently comprise?
How many volumes does Sutherland's Statutes and Statutory Construction currently comprise?
What was the main motivation behind the law-codification movement of the 19th century?
What was the main motivation behind the law-codification movement of the 19th century?
Who associated with the law-codification movement of the 19th century?
Who associated with the law-codification movement of the 19th century?
What is the title of the sole comprehensive treatise on statutory interpretation mentioned in the text?
What is the title of the sole comprehensive treatise on statutory interpretation mentioned in the text?
What is the criticism of judge-made law, according to Robert Rantoul?
What is the criticism of judge-made law, according to Robert Rantoul?
What is the primary focus of the majority of treatises in the field of law?
What is the primary focus of the majority of treatises in the field of law?
When was the first edition of Sutherland's Statutes and Statutory Construction published?
When was the first edition of Sutherland's Statutes and Statutory Construction published?
Flashcards are hidden until you start studying