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What is the primary characteristic of the common law system?
What is the primary characteristic of the common law system?
Which of the following countries adopted the common law system?
Which of the following countries adopted the common law system?
What is the role of the legislative branch in the common law system?
What is the role of the legislative branch in the common law system?
What is the primary source of law in civil law systems?
What is the primary source of law in civil law systems?
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What is the nature of trials in civil law systems?
What is the nature of trials in civil law systems?
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What is the role of the judge in civil law systems?
What is the role of the judge in civil law systems?
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What is the underlying principle of the common law system's reliance on higher court decisions?
What is the underlying principle of the common law system's reliance on higher court decisions?
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What is the primary influence on the development of the civil law tradition?
What is the primary influence on the development of the civil law tradition?
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What is the characteristic of legal systems that incorporate elements from both common law and civil law?
What is the characteristic of legal systems that incorporate elements from both common law and civil law?
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What is the significance of legal precedents in the common law system?
What is the significance of legal precedents in the common law system?
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What is the main difference between common law and civil law systems?
What is the main difference between common law and civil law systems?
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What is the characteristic of the common law system's approach to law?
What is the characteristic of the common law system's approach to law?
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What is the significance of a written constitution in the civil law system?
What is the significance of a written constitution in the civil law system?
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What is the role of higher court decisions in the common law system?
What is the role of higher court decisions in the common law system?
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Study Notes
- Common law is a system based on judicial precedent, developed over time in England through court decisions and custom.
- It is characterized by the absence of written, codified laws, and instead relies on the accumulation of court decisions.
- The common law system was imported to America and other Commonwealth countries by English colonists.
- In this system, the legislative branch of government and higher courts establish precedence that is binding on lower courts.
- The approach in common law is adversarial, where parties contest each other to prove their cases before a judge who moderates the process and gives judgment.
- Civil law, on the other hand, is a body of written laws derived from Roman law and France's Napoleonic Code.
- It is based on interpreting a codified set of written laws and is adopted in most legal systems, including those in Europe, South America, China, and the Middle East.
- In civil law systems, the primary source of law is the parliament, and the judge's role is to establish the facts of the case and apply the provisions of applicable codes.
- Trials in civil law systems are inquisitorial and fact-finding in nature, with the judge playing an active role during the trial by questioning parties, lawyers, witnesses, and experts.
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Description
This quiz explores the key differences between common law and civil law systems, including their histories, characteristics, and approaches to justice. Test your understanding of these two major legal systems.
