30 Questions
What was previously the only statutory course taught in first-year law school?
Civil Procedure
What has appreciably eroded in the field of common law?
The doctrine of stare decisis
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
What is the author's primary concern in the given text?
The majority of judges' work involving statutory interpretation
What is the characterization of judges, according to Madison, mentioned in the text?
A natural aristocracy
What is the primary focus of the field of Antonin Scalia, according to the text?
Litigation and Lawyers
What is the estimated proportion of constitutional issues in the Supreme Court?
Less than a fifth of all issues
What is the primary focus of the author's discussion?
The significance of statutory interpretation in judicial work
What is the author's argument regarding the development of private law by judges?
It is a desirable limitation upon popular democracy
What is the author's opinion about the Constitution being a charter for judges to develop an evolving common law?
The author thinks it is wrong
What is the main reason the author does not want to debate the role of constitutional interpretation?
A very small proportion of judges' work is constitutional interpretation
What is the primary characteristic of the common law in the Anglo-Saxon tradition?
It is a set of laws developed by the judges.
What is the author's view on the purpose of a written constitution?
It is to provide a clear framework for governance
According to the passage, what is the role of customary practice in influencing common law decisions?
Well-established commercial or social practices can sometimes inform common law decisions.
What is the significance of the doctrine of stare decisis in the context of common law?
It renders prior judicial decisions 'custom', providing a basis for future decisions.
What is the significance of Oliver Wendell Holmes's book, The Common Law?
It is a seminal work that continues to influence legal education.
What is the primary subject matter of the Year Books?
English judicial decisions from the 13th to 16th centuries.
What can be inferred about the development of the common law over time?
It has evolved to address more complex and refined questions.
What is the main concern about combining the power of judging with the legislative, according to Montesquieu?
The life and liberty of the subject would be exposed to arbitrary control.
How did the prevailing image of the common law view judges' role in the 18th century?
As discoverers of the law.
What is the primary function of Sutherland's Statutes and Statutory Construction?
A litigator's research tool and expert witness
What is the term used to describe the idea that judges in fact 'make' the common law?
Legal realism.
Why is there a lack of comprehensive treatises on statutory interpretation?
There is no need for a comprehensive treatise since it can be learned through reading cases
How many volumes does Sutherland's Statutes and Statutory Construction currently comprise?
Eight volumes
What was the main motivation behind the law-codification movement of the 19th century?
To address the uncomfortable relationship between common-law lawmaking and democracy.
Who associated with the law-codification movement of the 19th century?
Robert Rantoul and David Dudley Field.
What is the title of the sole comprehensive treatise on statutory interpretation mentioned in the text?
Sutherland's Statutes and Statutory Construction
What is the criticism of judge-made law, according to Robert Rantoul?
It is unjust because it is ex post facto law.
What is the primary focus of the majority of treatises in the field of law?
Substantive fields of law
When was the first edition of Sutherland's Statutes and Statutory Construction published?
1891
This quiz explores the concept of common law in the American legal system, highlighting its development and distinguishing features. Learn how American lawyers are trained and how the common law differs from customary law. Test your knowledge of this fundamental aspect of American law!
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
