Common Law developed out of which country?

Common Law and Civil Law

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1.
FLASHCARD QUESTION
Front
Back
England
2.
FLASHCARD QUESTION
Front
In common law, court decisions made in similar cases are called:
Back
Precedents
3.
FLASHCARD QUESTION
Front
The reasons for deciding a case in common law are called the:
Back
ratio decidendi
4.
FLASHCARD QUESTION
Front
Which is INCORRECT: Common law judges... do not investigate cases, must follow the rulings of superior courts, generally have less influence on law than civil law judges, moderate between the parties in a trial
Back
generally have less influence on law than civil law judges
5.
FLASHCARD QUESTION
Front
A statute is...
Back
a law made by a legislative body (eg parliament)
6.
FLASHCARD QUESTION
Front
Which statement is true? Options: A civil law judge has no influence on the law, A first instance common law judge can bind a higher court, A common law judge decides which precedents to follow, Civil law cannot be changed
Back
A common law judge decides which precedents to follow
7.
FLASHCARD QUESTION
Front
The doctrine of stare decisis means that precedents are persuasive.
Back
False
Answer explanation
On the contrary, stare decisis means that courts are bound to follow their own decisions and decisions of higher courts within the same jurisdiction.
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