Sources of Law Flashcards

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1
Q

What are the sources of law? How do you answer such a question?

A

Introduction: talk about how law, can come from multiple sources

body: -> talk about they law sources
-> talk about decrees and ordinances

conclude:

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2
Q

What are the sources of law? list them.

A

-> The constitution
-> Legal writing
-> Judicial Precedence
-> Customary law
-> Legislation

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3
Q

Explain the constitution as a source of law.

A

The constitution is the highest form of law in a country and every other law takes its rise from it, no law in the country can go contrary to the constitution

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4
Q

Explain Legal writing as a source of law.

A

Books written by highly qualified poeple in the field of law, can influence the law maker

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5
Q

Explain Judicial Precedent as a source of law.

A

Common law recognises judgments passed by superior courts as laws to be followed by inferior courts whereas civil law does not recognize the concept of judicial precedence

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6
Q

Explain customary law as a source of law.

A

The southern Cameroon high-court recognises customary law as legitimate enforceable

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7
Q

Explain legislation as a source of law.

A

These are laws made by the parlaiment, the excutive arm of gorvenment or laws from internation treaties

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8
Q

What is the difference between a decree and an ordinance?

A

A decree is any made and passed by the president. An ordinance on the other hand is law that was meant to be passed by the parliament but because of circumstances beyond them it is passed by the president. Ordinances are subject to parliamentary approval once the parliament can meet again.

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