Which of the following statements best describes the operation of common law?
(A) Common law only applies to individuals - HSC - SSCE Legal Studies - Question 13 - 2005 - Paper 1
Question 13
Which of the following statements best describes the operation of common law?
(A) Common law only applies to individuals.
(B) Common law can only be changed by sta... show full transcript
Worked Solution & Example Answer:Which of the following statements best describes the operation of common law?
(A) Common law only applies to individuals - HSC - SSCE Legal Studies - Question 13 - 2005 - Paper 1
Step 1
Common law only applies to individuals.
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Answer
This statement is incorrect because common law applies not only to individuals but also to entities such as corporations and organizations.
Step 2
Common law can only be changed by statute.
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Answer
This statement is misleading. While statutes can change or override common law, common law itself can evolve through judicial decisions and precedents.
Step 3
Common law can adapt to changes in society.
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This is the best description of common law. It is designed to evolve over time as judges interpret laws in light of societal changes, thus allowing it to remain relevant.
Step 4
Common law requires that a jury decide guilt or innocence.
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Answer
This statement is partially true but does not encompass the full nature of common law. Not all cases under common law require a jury; some may be decided by a judge.
