COMM 341: Common Law
From BluWiki
Contents |
Three fundamental aspects of common law
- Common law rules are entirely JUDGE made law!
- It is also EX-POST Facto - made in a case that's already happened.
- It is also a very passive system - problems are not solved until they come to them.
Stare Decisis
If another case has the same essential facts, it should have the same holding and the same result. The earlier case is called a "precendent". A court will follow precendent unless they don't want to.
- If the facts are different, there is a distinction and you CAN NOT follow the precedent.
Common law rules
Impact rule
Purely emotional suffering - no actual observed impact - therefore there is no injury (because it is too easy to fake emotional suffering).
- You see the birth, growth, disenegration, & death of this rule on the "Xanadu" handout.
Social host liability
First: the voluntary act of drinking "cuts" off the liability.
Common law holding: If you serve booze to someone and they drive drunk - you ARE liable (similar to negligent entrustment).
