TD2 Flashcards
(49 cards)
What is common law?
An uncodified system of law based on judicial decisions rather than statutes.
How does common law differ from civil law?
Common law is judge-made and based on precedent, while civil law is codified and based on written statutes.
What are the five definitions of common law?
- Legal classification (comparative law or legal tradition)
- Jurisdiction (opposed to equity)
- Judge-made law (opposed to statutes)
- Historical (12th-century development under Henry II)
- Method of reasoning (inductive case-by-case analysis)
What factors affect the authority of a case in common law?
Age of the decision and factual similarity.
What is the historical origin of common law?
It originated in the 12th century under Henry II in England.
What are “binding precedent” and “persuasive authority”?
- Binding precedent: Higher court decisions that lower courts must follow.
- Persuasive authority: Decisions from other courts that may be influential but not mandatory.
What is the method of reasoning in common law?
Inductive — general principles are derived from particular cases.
How does common law differ from continental law in its focus?
Common law focuses on remedies, while civil law focuses on rights and duties.
What does “case is on all fours” mean?
The case presents an identical legal issue and facts as a prior case.
What role does the judiciary play in developing common law?
The judiciary creates and refines common law through case decisions.
What is the purpose of arguing from a “line of cases”?
To advance a client’s position based on established precedents.
What are the three branches of government?
Executive (enforces laws), Legislative (enacts laws), Judicial (interprets and applies laws).
What is the common law method of reasoning?
Inductive: From specific cases to general principles.
How does the common law method differ from the civil law method?
Civil law is deductive (applying general rules to specific cases).
What are the elements of a valid offer?
Serious intention, definite terms, communication to the offeree.
Is contract law primarily based on common law or statutes?
Mostly common law, except for specific statutory rules.
How are contract disputes resolved differently in the UK and US?
- UK: No jury in civil cases.
- US: Juries allowed in civil cases.
In the UK, what legal system governs contract law?
Common law, influenced by EU law.
Is a statement of intent an offer?
No, unless it includes definite terms and a commitment.
Is a Facebook post offering to sell a car a valid offer?
No, it is an invitation to treat.
Can a public offer create a contract?
Yes, if the terms are clear and specific.
Does the value of an object affect whether an offer is valid?
No, the value does not affect the validity of the offer.
What statutes govern contract law in the US?
Uniform Commercial Code (UCC).
What statutes govern contract law in the UK?
Sale of Goods Act 1979, Contracts (Rights of Third Parties) Act 1999, Supply of Goods and Services Act 1982.
