Cook Chapter 1

Question 1

How did customary law develop?

Answer 1

Ancient people developed principles regarding different matters.

Question 2

What is the earliest example of law?

Answer 2

Customary law

Question 3

Was religion a source of rules for governing adherents?

Answer 3

Yes

Question 4

Is Australia a civil law or common law country?

Answer 4

Common law country.

Question 5

What is the Australian legal system based on?

Answer 5

English Common Law system.

Question 6

Where are common law systems used besides Australia?

Answer 6

Canada, Kenya and New Zealand.

Question 7

Why has most common law country developed differently?

Answer 7

Each common law country has developed differently to reflect the local rights and justice and prevailing social ethos.

Question 8

Are most states in Europe civil law countries or common law countries?

Answer 8

Civil law countries.

Question 9

What does being a civil law country mean?

Answer 9

This means that all their laws both substantive and procedural are contained in comprehensive documents called codes.

Question 10

What are codes in civil law heavily influenced by?

Answer 10

Roman Law.

Question 11

Civil law is deductive while common law is…

Answer 11

Inductive

Question 12

Is civil law or common law influenced by Christianity?

Answer 12

Both.

Question 13

What constitutes the Western Legal tradition?

Answer 13

Both civil law and common law.

Question 14

What legal system does Scotland have?

Answer 14

Scotland has a mixed legal system.

Question 15

Why does Scotland have a mixed legal system?

Answer 15

Scotland has a mixed legal system due to its long historical relationship with France.

Question 16

What is Roman Law?

Answer 16

The Romans created a body of law that spread as they established their empire.

Question 17

What is roman law influenced by?

Answer 17

Greek and christian legal principles.

Question 18

When was Roman Law lost?

Answer 18

With the fall of the roman empire.

Question 19

When was roman law found?

Answer 19

11th century.

Question 20

Is civil law or common influence influenced by natural law?

Answer 20

Both.

Question 21

Why did common law develop?

Answer 21

The common law, developed its characteristics because it was common and because of the relative stability of government in England.

Question 22

Why is the law influenced by forces of globalisation?

Answer 22

The law is influenced by forces of globalisation.

Question 23

Why is the law influenced by globalisation?

Answer 23

The law is influenced by globalisation because it leads to a degree of convergence.

Question 24

Where can the effects of globalisation be seen?

Answer 24

This degree of convergence caused by globalisation can be seen in both substantive and procedural parts of law.

Question 25

How does convergence occur in international law?

Answer 25

Formally.

Question 26

How does convergence occur informally through globalisation?

Answer 26

By contact and communication.

Question 27

What is a major source of rules?

Answer 27

Cases.

Question 28

What are cases?

Answer 28

Cases are the decisions and the reasons for those decisions made by judges in our courts.

Question 29

What is legislation?

Answer 29

Legislation is more signifigant. Legislation refers to legal rules made by parliament.