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Fundamentals of Legal Systems and Precedent Quiz

#1

What is the primary source of law in common law legal systems?

Precedent
Explanation

Legal decisions made by courts in previous cases serve as the primary source of law.

#2

Which legal system relies heavily on written codes and statutes?

Civil law system
Explanation

The Civil law system relies on codified laws and statutes rather than judicial precedent.

#3

In which legal system is the judiciary's role primarily to interpret legislation?

Civil law system
Explanation

In the Civil law system, the judiciary's primary function is to interpret and apply legislation rather than create common law precedent.

#4

What is the term for a legal system based on religious texts and rulings?

Religious law system
Explanation

A Religious law system is based on religious texts and teachings, with religious authorities interpreting and enforcing the law.

#5

In a common law system, judges play a significant role in:

Interpreting and applying laws
Explanation

Judges in a common law system interpret and apply laws, often creating legal precedent through their decisions.

#6

Stare decisis is a principle that means:

All of the above
Explanation

Stare decisis, meaning 'to stand by things decided,' emphasizes consistency, predictability, and adherence to precedent.

#7

In which legal system is precedent less influential?

Civil law system
Explanation

Precedent holds less sway in the Civil law system compared to the Common law system.

#8

Which legal doctrine allows courts to adapt legal principles to new factual circumstances?

Doctrine of equity
Explanation

The Doctrine of equity permits courts to adjust legal principles to suit changing circumstances and ensure fairness.

#9

What is the term used for a court decision that is not binding on future cases?

Persuasive authority
Explanation

A persuasive authority is a legal decision that carries influence but is not binding on future cases.

#10

Which legal principle emphasizes the need for consistency and predictability in the law?

Doctrine of stare decisis
Explanation

The Doctrine of stare decisis underscores the importance of consistent and predictable legal rulings.

#11

What is the term used for a legal decision made by a higher court that must be followed by lower courts in the same jurisdiction?

Precedent
Explanation

A precedent is a legal decision from a higher court binding on lower courts in the same jurisdiction.

#12

Which type of precedent involves a decision made by a higher court within the same jurisdiction?

Vertical precedent
Explanation

Vertical precedent refers to decisions made by higher courts within the same legal jurisdiction.

#13

Which term refers to the power of a court to review the actions of other branches of government?

Judicial review
Explanation

Judicial review is the authority of courts to examine and invalidate actions of other branches of government that violate constitutional principles or exceed statutory authority.

#14

Which term refers to a legal principle that states similar cases should be decided in a similar manner?

Stare decisis
Explanation

Stare decisis is a legal principle requiring courts to follow precedent and decide similar cases in a consistent manner.

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