Session 2 – Part 1, Chapter 2 – Common Law, Civil Law, and Other Legal Systems

Question 1

Adversarial System

Answer 1

A system in common law courts where opposing litigants, through their counsel, are responsible for presenting their cases to a neutral judge or jury.

Question 2

Bijural

Answer 2

Having two state-recognized legal systems operating within a single jurisdiction.

Question 3

Bill of Rights (1689)

Answer 3

An English statute that established the supremacy of Parliament over the monarchy. Formally declaring that the Crown’s ability to legislate without Parliament’s approval was unlawful. This solidified the doctrine of parliamentary sovereignty, which holds that in situations where case law and legislation clash, legislation prevails. The Bill of Rights marked a pivotal shift in the English legal system, curtailing the monarch’s authority and establishing Parliament as the supreme legislative body.

Question 4

Binding Precedent

Answer 4

A court decision that a lower court in the same jurisdiction must follow under the principle of stare decisis.

Question 5

Chancery

Answer 5

A department of state in England historically responsible for legal matters and issuing writs.

Question 6

Civil Code

Answer 6

A comprehensive and systematic legislative document that codifies a country’s private law in the civil law tradition.

Question 7

Civil Law

Answer 7

A legal system based on codified rules and principles, originating in Roman law and prevalent in continental Europe and many former European colonies.

Question 8

Common Law

Answer 8

A legal system developed in England, relying on precedent and the principle of stare decisis. Judge-made law plays a key role in this system.

Question 9

Corpus Juris Civilis

Answer 9

A comprehensive codification of Roman law compiled under the Emperor Justinian, significantly influencing the development of civil law systems.

Question 10

Court of Chancery

Answer 10

A court in England historically separate from common law courts, providing equitable remedies and mitigating the rigidity of common law rules.

Question 11

Court of King’s (or Queen’s) Bench

Answer 11

A historical English court responsible for deciding criminal matters.

Question 12

Distinguishable Precedent

Answer 12

A precedent that a lower court chooses not to follow due to material differences in facts or legal issues compared to the case at hand.

Question 12

Customary Law

Answer 12

Rules of conduct considered binding at local or international levels, based on long-standing traditions and practices without formal codification.

Question 13

Equity

Answer 13

A body of legal principles developed by the Court of Chancery in England, providing fairness and flexibility in legal remedies.

Question 14

Inquisitorial System

Answer 14

A system in civil law courts where the judge plays an active role in questioning witnesses, gathering evidence, and directing the legal proceedings.

Question 15

Inns of Court

Answer 15

Professional associations for barristers in England and Wales, with regulatory and educational functions for the legal profession.

Question 16

King’s Peace

Answer 16

The ideal of peace and order that English monarchs were obligated to uphold and protect throughout the realm.

Question 17

Persuasive Precedent

Answer 17

A precedent from another jurisdiction or a court of equal standing that may be considered by a judge but is not binding.

Question 18

Ratio Decidendi

Answer 18

The legal principle or reasoning behind a court’s decision in a case.

Question 19

Stare Decisis

Answer 19

The common law principle requiring courts to follow precedents set by higher courts in the same jurisdiction.

Question 20

Writ

Answer 20

A historical legal document issued by a court ordering someone to do or refrain from doing something.

Question 21

Customary Law

Answer 21

Definition: Rules of conduct that have become conventional within a society, often based on oral tradition.
Recognition: Can be recognized by subgroups within a state, incorporated into mainstream legal systems, or adopted as the state system.

Question 22

What are the four main parts of Justinian’s Corpus Juris Civilis, and what was its intended purpose?

Answer 22

Justinian’s Corpus Juris Civilis comprises: (1) Codex, a collection of imperial edicts on private law; (2) Digest, containing legal commentaries by Roman jurists; (3) Institutes, a textbook for law students; and (4) Novels, detailing new laws. It aimed to codify and clarify Roman law, serving as a comprehensive legal source for citizens, scholars, and judges.

Question 23

three factors a court may consider when establishing a new precedent in common law.

Answer 23

1) Similar cases, looking for trends and common legal principles; (2) Policy considerations, assessing potential societal benefits or drawbacks of a new rule; and (3) Societal change, adapting the law to reflect evolving social values and realities.

Question 24

What is the difference between “binding” and “persuasive” precedents?

Answer 24

A “binding” precedent is a decision from a higher court in the same jurisdiction that a lower court must follow in similar cases. A “persuasive” precedent comes from another jurisdiction or a court of the same level and doesn’t have to be followed, though it might influence the judge’s decision.

Question 25

What are the three main sources of Sharia law, and which are considered primary?

Answer 25

The three main sources of Sharia law are: (1) The Quran, a collection of Muhammad’s revelations; (2) The Sunna, a compilation of traditions based on Muhammad’s actions and sayings; and (3) Ijma (consensus) among Islamic scholars on legal interpretations. The Quran and Sunna are considered primary sources.