QUIZ QUESTIONS LAW-ITS ORIGIN, NATURE (The numbers refer to the numbered sections in the text.) 1. What practical advantage is served by a knowledge of legal theory? 2. Distinguish the lawyer's use of the word "law" from the scientist's; the moralist's. 3. What is the relation between law and justice? 4. Trace the steps by which the administration of justice becomes an administration according to law. 5. What are the sanctions of law? 6. What are the legally recognized sources of law? Distinguish imperative and persuasive sources. 7. In what senses is custom a source of law? Illustrate. 8. What is the doctrine of stare decisis? Compare the position of precedent in the Anglo-American and the Civil Law systems. Distinguish imperative and persuasive precedents. Illustrate for your own state. 9. Under what circumstances may a precedent be disregarded? 10. How do precedents arise? Is the judge's work here distin- guishable at all from the legislator's (cf. § 82). Can you justify the rule of stare decisis? 11. What is the use of quoting precedents from one state in the courts of a second state? What is meant by the weight of authority in this connection? 12. What part does the opinion of lawyers play in moulding the law? V13. Compare the authority given to juristic writing in the Civil Law and in Anglo-American law. In your opinion, which position is preferable? √14. 14. How far can legal and moral rules coincide? Explain. 15. What are the advantages of legislative law-making? Can you think of any countervailing disadvantages? 16-17. What are the proper functions of the courts in dealing with legislation? 18. What is a code? What are the advantages and disadvantages of codification? 19. How are human interests related to law? 20-22. Classify as individual, public, and social, the chief interests with which the law is concerned. 23. Why must the law balance interests? On what principle? 24. How does the law secure interests? Explain and illustrate what is meant by duty, right, power, liberty. 25. A gives B a promissory note promising to pay him $100. Analyze the rights and duties involved, into their elements. 26. Define and illustrate right in rem, right in personam, absolute right, and relative right. 27. What is the difference between a primary and a remedial right? Illustrate and compare the value of the various remedial rights which our legal system furnishes. 28. What is the subject-matter of adjective law? 29. Make an outline classification of the branches of AngloAmerican law. 30. What are the various usages of the phrase "the common law"? 32-33. What was the conception of the purpose of law in the Anglo-Saxon period? What was the weakness of the Anglo-Saxon legal system and how was this affected by the Norman conquest? 34. What was the essential legal element in the feudal system? 35. Trace the steps by which the administration of justice was centered in the king's courts. 36. What other courts exercised jurisdiction in Norman days? 37. What contributions to the conception of law are attributable to this period? 38. What were the chief fields of Henry II's legal activities? 39. What were the means by which he secured resort to the royal courts? 40. What was the essential peculiarity of all the older modes of trial? 41-42. Describe the inquest, and Henry's use of it in civil and in criminal cases. 43. What was the king's writ? What was its legal usefulness? 44. What was the purpose and the effect of establishing judicial circuits throughout England? 45. What contribution did Magna Charta make to English law? 46. How was the law affected by its practice becoming a special profession? 47. How did the trial jury develop out of the inquest? 48. What was the historical origin of the doctrine of stare decisis? 49. What was the writ of trespass and what its legal importance? 50. What source of law became active in Edward I's reign and what were its principal contributions in this period to the law! 51. What jurisdiction still lay outside the courts of Common Law? 52. What were the principal changes made in the land law during Edward I's reign? Explain their importance. 53. What part did the writ play in the development of law in this period? 54. What differentiation took place in the law courts in this period? How did it affect the classes of litigation each could deal with? 55. What was the effect of the further professionalizing of law on the development of legal doctrine? (Cf. § 46.) 56. What influences contributed to the increasing rigidity of the legal system? 57. Why was this especially unfortunate at the time? 58. What change took place in the character of legislation after the death of Edward I? 59. Trace the development of Chancery from a department of state into a court. 60. Trace the development of its equity jurisdiction. 61. What were its procedural advantages over the courts of common law? 62. What advances in legal doctrine are due to the courts of common law during this period? 63. Trace the history of the law merchant to this period. What was the contribution of the Court of Admiralty to English law? 64. Why did the courts lose in influence and importance during the Tudor period, and what led to a reaction in their favor? 65. How did the law and the legal profession figure in the constitutional struggle with the Stuarts? 66. What changes took place in the courts of equity during this period? 67. Characterize the situation of legal doctrine during the eighteenth century. 68. Explain how the law merchant became incorporated into the common law. 69. What was the work of Jeremy Bentham? What legal reforms resulted from it? 70. How was the common law introduced into America? 71-73. What was the effect of the Revolution on the American law? 74. What liberalizing influences affected its early development? 75. What elements of the common law were adopted in America? 76. How far was the organization of the American judicial system based on English models, and how did it depart from them? 77. What contributions has America made to the system of the Common Law? 78. Why is a study of judicial reasoning particularly important to the student of the Anglo-American legal system? 79-80. What is meant by books of primary authority? Of secondary authority? 81. What is the essential characteristic of enacted law? 82. What is a report? When does a law suit result in a report? 83. Explain the following citations: Van Ness v. Packard, 2 Peters, 37 (U. S.); Commonwealth v. Knowlton, 2 Mass. 530. 84. Explain ratio decidendi; obiter dictum. What is the value |