Common Law Basics Quiz

Questions and Answers

What is common law?

A legal system based on court decisions rather than written statutes.

What does 'stare decisis' mean?

To stand by things decided.

Which of the following are classifications of law? (Select all that apply)

Criminal law (correct)

Analytical law

Public law (correct)

Private law (correct)

What does substantive law refer to?

Rules of law and legal principles that define the extent of legal rights and obligations. Signup and view all the answers

What does it mean to distinguish a case?

To decide that a precedent case should not apply to the current case due to significant differences. Signup and view all the answers

What is 'ratio decidendi'?

The reason for the decision or the legal principle established in a case. Signup and view all the answers

What are obiter dicta?

Comments or observations made by a judge not essential to the decision. Signup and view all the answers

What is judicial precedent?

The practice of courts relying on past decisions in similar cases. Signup and view all the answers

What does per incuriam refer to?

Decisions reached by courts without considering relevant statutes or case law. Signup and view all the answers

What are statutes of general application?

Statutes of general application that were in force in England on January 1, 1900. Signup and view all the answers

Match the following legal maxims to their meanings:

Audi altarem patem = Let the other side be heard Actus non facit reum nisi mens sit rea = An act does not make a man guilty unless there is guilty intention Volenti non fit injuria = No injury can be done to a willing person Ubi jus ibi remedium = There is no wrong without a remedy Pacta sunt servanda = Agreements must be followed Signup and view all the answers

What is the role of the Supreme Court in the judicial hierarchy?

It oversees appeals and matters involving significant legal questions between states and the federal government. Signup and view all the answers

What is the minimum requirement for judges in the Court of Appeal?

At least 3 judges must be present for the court to be duly constituted. Signup and view all the answers

Study Notes

Common Law Overview

Common law is a legal system derived from court decisions rather than written statutes.
Also known as case law or judge-made law, it evolves through judicial rulings.

Stare Decisis

Latin term meaning "to stand by things decided."
Courts adhere to precedents established in earlier cases, forming a body of law for future cases.

Classification of Law

Types of law include:
- Private Law vs. Public Law
- Civil Law vs. Criminal Law
- Civil Law vs. Common Law
- Municipal Law vs. International Law
- Substantive Law vs. Adjectival Law
- Customary Law vs. Non-Customary Law

Substantive Law

Defines legal rights and obligations across various legal fields.
Addresses issues like contract validity and elements of criminal offenses.
Includes areas such as constitutional law, administrative law, contract law, criminal law, and tort law.

Distinguishing a Case

A legal term indicating a court's decision that a precedent does not apply due to differing facts.
Allows courts to navigate unique situations by differentiating them from past rulings.

Ratio Decidendi

Latin phrase meaning "the reason for the decision."
Refers to the legal principle that underpins a court's judgment and serves as the basis for future rulings.

Obiter Dicta

Non-essential comments made by judges during a case.
While potentially insightful, they do not carry the same weight as the ratio decidendi.

Judicial Precedent

Practice of relying on previous case decisions when resolving new, similar cases.
Ensures consistency in legal interpretations and rulings.

Per Incuriam

Refers to decisions reached without considering relevant statutes or case laws.
Represents a failure to acknowledge binding precedents, impacting the integrity of the judgment.

Statutes of General Application

English laws effective as of January 1, 1900, applied by the courts.
Designed to ensure legal consistency across jurisdictions.

Legal Maxims

Audi alteram partem: Let the other side be heard.
Actus non facit reum nisi mens sit rea: An act does not make one guilty unless there is a guilty intention.
Volenti non fit injuria: No injury can be inflicted on a willing person.
Ubi jus ibi remedium: There is no wrong without a remedy.
Pacta sunt servanda: Agreements must be followed.
Caveat emptor: Let the purchaser beware; buyers are responsible for the quality of goods.
Prima facie: A matter appears to be based in sufficient evidence to be considered true.
Quicquid plantatur solo, solo cedit: Whatever is affixed to the soil belongs to the soil.
Ignorantia judicis est calamitas innocentis: The ignorance of the judge is the misfortune of the innocent.
Juria novit curia: The court knows the law.
Affirmati Non Neganti Incumbit Probatio: The burden of proof lies with the person who asserts, not the one who denies.

Hierarchy of Courts

Supreme Court:
- Requires 15 years post-call for judges.
- Consists of a chief judge and up to 21 judges.
- Has original jurisdiction on important state and federal issues.
Court of Appeal:
- Requires 12 years post-call, featuring a president and no less than 49 justices.
- Manages appeals from various lower courts, with original jurisdiction on election petitions.
Federal High Court:
- Requires 10 years post-call, addressing various federal legal matters.
Additional courts and their specified jurisdictions provide a structured legal system.

Description

Test your knowledge on the fundamental concepts of common law, including the principles of stare decisis and the classification of law. This quiz explores the differences between private and public law, as well as civil and criminal law. Enhance your understanding of how judicial decisions shape the legal landscape.