Common Law and Civil Law

Front

Common Law developed out of which country?

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England

Front

In common law, court decisions made in similar cases are called:

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Precedents

Front

The reasons for deciding a case in common law are called the:

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ratio decidendi

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

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generally have less influence on law than civil law judges

Front

A statute is...

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a law made by a legislative body (eg parliament)

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

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A common law judge decides which precedents to follow

Front

The doctrine of stare decisis means that precedents are persuasive.

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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.

Front

In seeking not to follow a previous decision of a higher court, a trial judge should explain why the precedent does not apply.

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True

Answer explanation

Yes, the judge cannot simply 'forget' about the precedent and ignore it without explaining why it does not apply to the facts of the new case.

Front

In an appeal case, if one of the judges in the minority disagrees with the majority decision what can s/he do?

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Write a dissenting opinion explaining why s/he objects to the majority judgment

Front

If a court relied on a precedent that a landlord was responsible for maintaining the safety of occupants by keeping the stairs in good repair to impose liability in another case where a landlord failed to prevent an intruder attacking a tenant, this would be an example of:

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Interpreting the precedent as 'welcome' precedent