The Development of Common Law

Description: This quiz will test your knowledge of the development of common law.
Number of Questions: 15
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Tags: law legal history common law
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What is the primary source of common law?

  1. Statutes

  2. Court decisions

  3. Legal codes

  4. Legal treatises


Correct Option: B
Explanation:

Common law is primarily derived from court decisions, which are binding on lower courts and establish precedents.

What is the doctrine of stare decisis?

  1. The principle of following precedent

  2. The principle of judicial review

  3. The principle of separation of powers

  4. The principle of due process of law


Correct Option: A
Explanation:

Stare decisis is the principle that courts should follow the precedents set by higher courts in similar cases.

What is the role of judges in the development of common law?

  1. To interpret and apply the law

  2. To create new laws

  3. To enforce the law

  4. To overturn the law


Correct Option: A
Explanation:

Judges interpret and apply the law to specific cases, and their decisions can create new precedents that become part of common law.

What is the difference between common law and statutory law?

  1. Common law is created by judges, while statutory law is created by legislatures.

  2. Common law is based on precedent, while statutory law is based on written statutes.

  3. Common law is more flexible than statutory law.

  4. All of the above.


Correct Option: D
Explanation:

Common law is created by judges, while statutory law is created by legislatures. Common law is based on precedent, while statutory law is based on written statutes. Common law is more flexible than statutory law because it can be adapted to new situations more easily.

What are the main sources of common law in the United States?

  1. The Constitution

  2. Federal statutes

  3. State constitutions

  4. State statutes

  5. Court decisions


Correct Option: E
Explanation:

The primary source of common law in the United States is court decisions, which are binding on lower courts and establish precedents.

What is the role of legal scholars in the development of common law?

  1. To write legal treatises

  2. To teach law

  3. To argue cases before courts

  4. To advise clients on legal matters

  5. All of the above


Correct Option: E
Explanation:

Legal scholars play a variety of roles in the development of common law, including writing legal treatises, teaching law, arguing cases before courts, and advising clients on legal matters.

What is the doctrine of judicial review?

  1. The power of courts to declare laws unconstitutional

  2. The power of courts to overturn executive orders

  3. The power of courts to issue injunctions

  4. The power of courts to appoint special masters


Correct Option: A
Explanation:

Judicial review is the power of courts to declare laws unconstitutional, which means that they are void and cannot be enforced.

What is the principle of separation of powers?

  1. The division of government into three branches: legislative, executive, and judicial

  2. The principle that each branch of government has its own powers and responsibilities

  3. The principle that no branch of government can exercise the powers of another branch

  4. All of the above


Correct Option: D
Explanation:

The principle of separation of powers divides government into three branches: legislative, executive, and judicial. Each branch has its own powers and responsibilities, and no branch can exercise the powers of another branch.

What is the principle of due process of law?

  1. The principle that government must follow fair and reasonable procedures when depriving a person of life, liberty, or property

  2. The principle that government must provide a person with a hearing before depriving them of life, liberty, or property

  3. The principle that government must provide a person with a lawyer before depriving them of life, liberty, or property

  4. All of the above


Correct Option: D
Explanation:

The principle of due process of law requires government to follow fair and reasonable procedures when depriving a person of life, liberty, or property. This includes providing a person with a hearing, a lawyer, and other procedural protections.

What is the role of juries in the development of common law?

  1. To decide questions of fact

  2. To decide questions of law

  3. To apply the law to the facts of a case

  4. To determine the guilt or innocence of a defendant


Correct Option: A
Explanation:

Juries play a vital role in the development of common law by deciding questions of fact. They determine the facts of a case, which judges then use to apply the law.

What is the difference between a civil case and a criminal case?

  1. A civil case is a dispute between two or more private parties, while a criminal case is a dispute between the government and an individual.

  2. A civil case is decided by a judge, while a criminal case is decided by a jury.

  3. A civil case can result in a monetary award, while a criminal case can result in imprisonment.

  4. All of the above.


Correct Option: D
Explanation:

A civil case is a dispute between two or more private parties, while a criminal case is a dispute between the government and an individual. Civil cases are decided by a judge, while criminal cases are decided by a jury. A civil case can result in a monetary award, while a criminal case can result in imprisonment.

What is the role of the Supreme Court of the United States in the development of common law?

  1. To interpret the Constitution

  2. To review state court decisions

  3. To decide cases involving federal law

  4. To set precedents for lower courts


Correct Option:
Explanation:

The Supreme Court of the United States plays a vital role in the development of common law by interpreting the Constitution, reviewing state court decisions, deciding cases involving federal law, and setting precedents for lower courts.

What is the difference between common law and equity?

  1. Common law is based on precedent, while equity is based on fairness and justice.

  2. Common law is more rigid than equity.

  3. Equity can be used to modify or supplement common law.

  4. All of the above.


Correct Option: D
Explanation:

Common law is based on precedent, while equity is based on fairness and justice. Common law is more rigid than equity. Equity can be used to modify or supplement common law.

What is the role of legal fictions in the development of common law?

  1. Legal fictions are used to create new legal rights and remedies.

  2. Legal fictions are used to avoid harsh or unjust results.

  3. Legal fictions are used to simplify complex legal issues.

  4. All of the above.


Correct Option: D
Explanation:

Legal fictions are used to create new legal rights and remedies, to avoid harsh or unjust results, and to simplify complex legal issues.

What is the future of common law?

  1. Common law will continue to play a vital role in the development of the law.

  2. Common law will be replaced by statutory law.

  3. Common law will be replaced by civil law.

  4. None of the above.


Correct Option: A
Explanation:

Common law will continue to play a vital role in the development of the law because it is flexible and adaptable, and it can be used to address new and emerging legal issues.

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