Exam 1 Study Guide - 1. What is the Corpus Juris Civilis?...

Info iconThis preview shows pages 1–3. Sign up to view the full content.

View Full Document Right Arrow Icon
1. What is the Corpus Juris Civilis? *comprehensive code of the body of law. (Roman law) Page 3 of comparative law handout. 2. In the most general terms, what is the ‘process’ by which English law developed? The law grew from customs to the forming of actual courts. The common law was developed thorough this. (most is on common law/civil law handout). 3. What are some differences between Common Law and Civil Law systems of law? Civil – based on “Codes of Law” Code is enacted by legislative officials through highly organized legislation Common Law- US and Alabama codes but are different from codes of law. Our s pulls together statues, not organization. Not a code (in the legal sense). Handout (Civil Law Common law) 4. What is ‘stare decisis’? What are some reasons in favor of following past precedents? What are some reasons against doing so? Let the decisions stand, follow precedent, following court of the same level. Distinguish this case from the earlier case and treat it like a case of first it like the case of first impression. It gives us an example of what was done in the past, which gives us insight into judgment. Sometimes the case does not follow precedent and more dire circumstances arise because of someone’s negligence, so precedent has to be thrown out and recreated. The precedent can be overruled if it is improper or wrong. For - Its consistent fair stable, and predictability 5. Why did the court in Winterbottom v. Wright deny liability? Explain its reasoning. Because it had not duty owed to the mail post deliverer. There was a duty owed to the person who bought it but not to the mail carrier. They did not owe a direct duty. 6. Explain the common law method of legal development (use Thomas v. Winchester as an example). Common law has to evolve in order to good a just verdict in court cases. In Thomas versus Winchester, the manufacturer mislabeled a jar of poison and sold it to an apothecary. In turn, Mrs. Thomas’s husband bought the medicine from the apothecary thinking it would help heal her, instead because of the manufactures’ negligence, Mrs. Thomas became very ill. Because the bottle was a dangerous or potentially dangerous mean, Ruggles founded that Winchester was held liable for damages because he did owe a duty to Mrs. Thomas. Many other precedents soon followed in other cases. 7. What role or roles did the jury play in the development of English law? What was established in Bushel’s Case in 1670? ? 8. What is meant by “jury nullification”? (See p.329.) What are the general verdict and the special verdict? *when a juror refuses to apply the law because they think its wrong. General verdict – verdict given by the jury is applied
Background image of page 1

Info iconThis preview has intentionally blurred sections. Sign up to view the full version.

View Full DocumentRight Arrow Icon
Special verdict – when the judge asks for factual findings. Findings instead of a conclusion. This is only used in civil cases and is rarely used.
Background image of page 2
Image of page 3
This is the end of the preview. Sign up to access the rest of the document.

This note was uploaded on 06/20/2011 for the course PHL 135 taught by Professor Benditt during the Fall '10 term at University of Alabama at Birmingham.

Page1 / 6

Exam 1 Study Guide - 1. What is the Corpus Juris Civilis?...

This preview shows document pages 1 - 3. Sign up to view the full document.

View Full Document Right Arrow Icon
Ask a homework question - tutors are online