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. Common law applies to both individuals and entities. It is a system of law that evolves based on judicial decisions rather than solely statutory provisions.
Step 2
Common law can only be changed by statute.
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This statement is also misleading. While statutes can modify common law, common law itself can evolve through judicial decisions and case law, making it adaptable.
Step 3
Common law can adapt to changes in society.
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Answer
This is the correct answer. Common law is inherently flexible and can respond to societal changes through the judgments made in courts. This adaptability allows it to remain relevant in various contexts.
Step 4
Common law requires that a jury decide guilt or innocence.
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This statement is not entirely accurate. While some common law cases involve juries, many disputes are resolved without a jury, depending on the nature of the case and the court's rules.
