Common Law and Civil Law

Common Law and Civil Law

Assessment

Flashcard

Other

University

Hard

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10 questions

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1.

FLASHCARD QUESTION

Front

Common Law developed out of which country?

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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