Chapter 1: Common Law and Civil Law

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1

Coke

________ said,"Law is the perfection of reason, which commands what is useful and necessary and prohibits the contrary.

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2

Procedure

________ dominates the common law, and in the cracks and joints of the procedural machine we can find rules of substantive law.

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3

France

The codifications of private law in ________ (1804), Germany (1900), and other Continental countries represent broad and sudden substantive changes, particularly a nationalizing decentralization of the common heritage derived from Roman and canon (church) law.

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4

jury system

The ________ is thought to be democratic, but, in fact, it is far older than European democracy.

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5

New York

________ abolished the forms of action in 1848 when it adopted the Field Code of Civil Procedure, which authorized one complaint for all civil actions.

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6

Sir Edward Coke

________ and Sir William Blackstone believe that the common law was the law of reason.

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7

common law

All the English-speaking countries of the world have adopted the__________, and there is no common law country that has succeeded in translating the common law into another language.

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8

middle ages

The roots of the common law lie in the _____________.

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9

writ system

The _____________ exemplifies the interweaving of substance and procedure.

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10

reason

Sir Edward Coke and Sir William Blackstone believe that the common law was the law of _____________.

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