Common Law vs Civil Law Quiz Ⅰ

Podcast

Play an AI-generated podcast conversation about this lesson

Questions and Answers

Which of the following features distinguishes a civil law system from a common law system?

Judge-made law plays a significant role.

A written constitution based on specific codes exists. (correct)

Legislative enactments are not legally binding.

Legal scholars have no influence on court decisions.

In a civil law system, what is the primary source of law?

Judicial precedents

Legislative enactments (correct)

International treaties

Public opinion

How do civil law systems generally handle ambiguities in contracts?

They interpret the contracts to resolve ambiguities. (correct)

They automatically void the contracts.

They rely on common law principles for interpretation.

They require mediation to resolve issues.

What is a key characteristic of a common law system regarding judicial decisions?

Decisions of the highest court can only be overturned by that same court or through new legislation. Signup and view all the answers

Which of the following statements about contracts in a common law system is true?

Contracts must explicitly state all terms governing the relationship. Signup and view all the answers

In a common law system, what principle generally governs legal restrictions?

Everything is permitted unless specifically prohibited by law. Signup and view all the answers

Which statement accurately describes the difference between common law and civil law systems?

Civil law systems generally imply many contractual terms while common law systems do not. Signup and view all the answers

What is the primary basis for the legal system in civil law countries?

Written laws, codes, and statutes Signup and view all the answers

How are judicial decisions regarded in civil law countries compared to common law systems?

They are not binding, but can influence law interpretation. Signup and view all the answers

In civil law systems, what role do judges play in interpreting the law?

They refer to written laws and interpret based on individual case facts. Signup and view all the answers

When judges refer to previous rulings in civil law cases, what is this practice primarily considered?

Persuasive authority Signup and view all the answers

What is the main characteristic of judicial decisions in civil law countries?

They are influenced by written laws, codes, and statutes. Signup and view all the answers

How do judges in civil law countries typically use prior court decisions?

As persuasive guidance that influences but does not bind. Signup and view all the answers

What is the primary role of judges in civil law systems?

To apply and interpret existing laws to specific cases. Signup and view all the answers

Which statement accurately reflects the relationship between judicial decisions and written law in civil law countries?

Judicial decisions are secondary to the established code and statutes. Signup and view all the answers

What is a characteristic feature of civil law regarding the constitution?

Always based on written principles Signup and view all the answers

What is the extent of freedom of contract in civil law jurisdictions?

Limited with many implied provisions Signup and view all the answers

In most cases, how are PPP arrangements viewed in civil law compared to common law?

Civil law treats PPP arrangements as relating to public service under public law Signup and view all the answers

In civil law systems, how do judicial decisions influence future cases?

They can influence but are not binding. Signup and view all the answers

What role do prior rulings play for judges in civil law countries?

Judges may consider them for consistency, but they are not mandatory. Signup and view all the answers

Which of the following best describes a key difference between civil law and common law systems regarding judicial decisions?

Common law systems place more emphasis on judicial decisions as binding precedents. Signup and view all the answers

Which regions predominantly adopt civil law systems?

Europe, Latin America, and Asia. Signup and view all the answers

Study Notes

Common Law System

Countries that were previously British colonies or protectorates use common law
Judicial decisions are binding & only overturned by legislation or the highest court
Contracts typically have extensive freedom & few implied provisions
Everything is permitted legally unless specifically prohibited by law

Civil Law System

Countries that were previously French, Dutch, German, Spanish, or Portuguese colonies use civil law
Central and South America, Central & Eastern Europe, and East Asia typically follow a civil law system
System is codified with written constitutions, civil codes, corporate law, administrative law, tax law, and constitutional law
Legislative enactments are legally binding, not judge-made law
Legal scholars' writings influence court decisions
Administrative law is often less codified, judges act like common law judges
Separate courts exist (constitutional, administrative, and civil) to ensure consistency

Key Differences: Civil Law vs. Common Law

Written Constitutions: Common law does not always have a written constitution, while civil law always has a written constitution.
Judicial Decisions: Common law judicial decisions are legally binding, while civil law's judicial decisions are not binding on third parties; however, rulings from constitutional and administrative courts are binding on all parties
Freedom of Contract: Common law has extensive freedom of contract with little implied provision. Civil law has more limited freedom of contract with greater implied provision.
Court Systems for PPP Projects: Common law systems usually have private law courts dealing with contractual relationships, while civil law systems usually see PPPs as public services & are subject to public administrative law

Judicial Decisions in Civil Law Countries

Civil law prioritizes written statutes & codes over previous court decisions (precedents)
Prior decisions can influence interpretation, but are not legally binding
Courts interpret the law as written, rather than creating new law
Judges use past rulings as persuasive authority, not binding precedents
Constitutional and administrative court decisions can override legislative enactments and are binding across all parties

Subscription Service Contract Example

Large streaming service provider (A) has strong bargaining power over individual subscribers (B).
Standard contracts likely favor A with terms like no prior notice for price increases.
Consumer protection laws can imply additional terms into the contract to protect B's interests.
Implied terms that may favor B:
- Notice Requirement: (A) must provide (B) with reasonable notice before increasing prices
- Right to Cancel: (B) has the right to cancel the subscription without penalty if they do not agree to a new price.

Studying That Suits You

Use AI to generate personalized quizzes and flashcards to suit your learning preferences.

Description

Test your knowledge on the common and civil law systems. This quiz explores the defining characteristics, origins, and applications of these legal frameworks used around the world. Understand the foundational elements that differentiate these two major legal traditions.