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I do so within a framework structured by three exercises undertaken by law students in the Advanced Common Law Obligations course I teach at McGill.
The first session of "Advanced Common Law Obligations" is devoted to a quiz focused on the key historical, structural, and methodological aspects of the common law.
This Article asks whether, in light of the manifold changes that have occurred to the criminal justice system over several centuries, it still makes sense to give effect to the common law rule that, generally speaking, ignorance or mistake of law is not a defense.
for the common law exception to the right of a plaintiff to voluntarily dismiss an action without prejudice, it appears that the common law exception is a 2002 creation of the Fifth District Court of Appeal.
The Unacknowledged Past of the Common Law Exception
Bentham's criticisms of the common law are especially voluminous, but he was centrally concerned with "legal fictions," which were constructs used by lawyers and judges to fit claims for relief into the "writs" recognized by English common law at the time.
In short, the undue complexity of the common law prevented the public from having notice of its content.
To the extent that those concerns remain uncorrected, then to that extent the Common Law and the protections which it has built up over the centuries for all of us, are very much at risk.
Statement of Mary Moses in relation to Sarah Gates stabbing her common law Husband [sic] Archie McGee," September 8, 1930, Transcripts of Statements; "Report of Homicide of Archie Gates," September 8, 1930, Homicide Reports; "Statement of Sarah Gates in relation to the stabbing of one Archie McGee," September 8, 1930, Transcripts of Statements.
Understanding why Leoni (and Hayek later) believes the common law to be more certain and predictable--despite its unwritten characteristics--derives from recognizing that the common law is a conceptual system, as opposed to legislation, which is a verbal system of commands.
La premiere partie, les principes introductifs, enonce les fondements de la reparation en justice, tant en common law qu'en equity (10).