#1
Which of the following is a primary source of law?
Legislation
ExplanationDirectly created by a legislative body.
#2
Which of the following is NOT considered a primary source of law?
Legal encyclopedias
ExplanationProvide commentary but not direct legal authority.
#3
What is the term used to describe laws enacted by a legislative body?
Statutory law
ExplanationLaws created by legislative bodies.
#4
Which of the following is an example of a secondary source of law?
Treatises
ExplanationProvide analysis and interpretation of law.
#5
What is the primary purpose of statutory interpretation?
To clarify and apply existing laws
ExplanationInterpreting written laws to understand their application.
#6
What is the term for a legal principle that allows courts to follow the decisions of higher courts in similar cases?
Stare decisis
ExplanationLower courts bound by decisions of higher courts.
#7
What is the significance of stare decisis in legal systems?
It ensures consistency and predictability in legal rulings
ExplanationMaintains consistency by following precedent.
#8
Which of the following is an example of a binding precedent?
A decision made by a higher court in the same jurisdiction
ExplanationDecision by higher court that must be followed by lower courts.
#9
In which legal system are judges primarily responsible for interpreting and applying the law?
Common law system
ExplanationJudges interpret laws through precedent.
#10
What is the term for a legal principle or rule that has been established by a court decision?
Precedent
ExplanationLegal decision serving as a guideline for future cases.
#11
Which legal principle allows courts to consider previous decisions by other courts in similar cases?
Stare decisis
ExplanationCourts follow prior rulings for consistency.
#12
What is the term for a court's written explanation of its decision in a case?
Opinion
ExplanationDetailed rationale behind a court's decision.
#13
What role do legal treatises play in the development of law?
They provide guidance and interpretation of laws and legal principles
ExplanationOffer explanations and interpretations of legal concepts.
#14
What distinguishes common law legal systems from civil law legal systems?
Common law relies heavily on judicial precedents, while civil law relies on statutory law
ExplanationCommon law relies on court decisions, civil law relies on written laws.
#15
Which of the following is NOT a function of legal precedents?
Overruling existing laws
ExplanationPrecedents do not directly overturn laws.
#16
Which of the following is NOT a characteristic of legal precedent?
It can be overturned by legislation
ExplanationPrecedent is based on court decisions, not legislative action.
#17
What is the term for a legal principle that prohibits the re-litigation of issues already determined by a court?
Res judicata
ExplanationPrevents re-litigation of settled issues.
#18
Which of the following is NOT a characteristic of a legal precedent?
It is set by a legislative body
ExplanationPrecedents are established by courts, not legislatures.