Difference between Common Law Rule and Traditional Rule?

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Marshall28
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Difference between Common Law Rule and Traditional Rule?

Postby Marshall28 » Thu Feb 23, 2012 3:08 pm

When I read my textbook, especially criminal law text, references are made to the common law rule, the traditional rule or view, and the [/i]modern view[/i].

I understand what common law is. At least I am assuming it is a view on a legal principle that is or was not based on statutes, but on custom. And the modern view is typically a statutory view. So then what is a traditional view?

Please help.

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TTH
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Re: Difference between Common Law Rule and Traditional Rule?

Postby TTH » Thu Feb 23, 2012 7:30 pm

Could mean common law vs. statute, or it could mean ancient common law vs modern common law (e.g., the development of liability based on fault in torts).

Probably nothing you need to be srsly concerned about.

Green Crayons
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Re: Difference between Common Law Rule and Traditional Rule?

Postby Green Crayons » Thu Feb 23, 2012 8:01 pm

Unless if common law and traditional law is being directly contrasted, the book is probably just being sloppy and using two separate terms for the same thing. If they are being directly contrasted, my presumption is that traditional law would be referring to traditional statutory codification, to be contrasted with common law development and modern statutory evolution.


No big deal, at any rate. On the exam, you'll be saying "Traditionally..." or "Per the common law..." depending upon how your book describes it.

dixon02
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Re: Difference between Common Law Rule and Traditional Rule?

Postby dixon02 » Thu Feb 23, 2012 8:09 pm

Marshall28 wrote:When I read my textbook, especially criminal law text, references are made to the common law rule, the traditional rule or view, and the [/i]modern view[/i].

I understand what common law is. At least I am assuming it is a view on a legal principle that is or was not based on statutes, but on custom. And the modern view is typically a statutory view. So then what is a traditional view?

Please help.



If it is contrasting the two, in all likelihood 'traditional' is English/older common law, while 'common law' is modern American common law. For instance, in a crim example, the traditional rule was that a man could not rape his wife, but in most (all?) states, the common law now recognizes such a charge.

Marshall28
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Re: Difference between Common Law Rule and Traditional Rule?

Postby Marshall28 » Fri Feb 24, 2012 10:05 pm

This actually helped guys, thanks

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Cupidity
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Re: Difference between Common Law Rule and Traditional Rule?

Postby Cupidity » Fri Feb 24, 2012 10:16 pm

Crim law exams are notorious for comparison questions. If you professor has been assigning reading, and has also discussed differences in class, I would expect at least one issue spotter question to the effect of "XYZ happened, compare potential homicide analysis under MPC v. CL."

I would check old exams to confirm. Common comparison topics are Homicide, Rape, and Accomplice Liability (though I might be thinking of attempt).




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