Legal Studies: The Courts as Law Makers

What is the main role of courts?

• To enforce laws

• To make laws

• To collect taxes

• To resolve disputes and hear cases

What is common law also known as?

• International law

• Constitutional law

• Judge-made law

• Parliamentary law

What is a precedent in the legal system?

• A statement by the prosecutor

• A recommendation by the jury

• A suggestion by the judge

• A decision or legal principle made by a judge

When does a judge make law in a situation where there is no existing law?

• When the judge resolves a dispute with no existing law

• When the judge wants to challenge the existing law

• When the judge wants to set a new precedent

• When the judge is unsure about the law

What is statutory interpretation?

• A process of creating new laws

• A process of challenging the authority of the judge

• A process of resolving disputes without laws

• A process of interpreting existing legislation

What is the purpose of a precedent in the legal system?

• To challenge the authority of the judge

• To confuse lower courts

• To guide lower courts in similar cases

• To limit the power of judges

What is the role of judges in superior courts when resolving disputes with no existing law?

• To ignore the case

• To create new laws

• To follow existing laws

• To refer the case to the parliament

What happens when the wording of existing legislation is unclear?

• The judge creates new legislation

• The judge dismisses the case

• The judge interprets the legislation

• The judge ignores the legislation

What must be followed by all lower courts in cases with similar facts?

• The prosecutor's statement

• The recommendation of the jury

• The precedent set by the superior court

• The judge's personal opinion

In which situations can judges in superior courts make laws?

• When they want to ignore the existing laws

• When there is no existing law or further interpretation is required

• When they want to confuse lower courts

• When they want to challenge the existing laws