Introduction to Law and Legal Systems
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Questions and Answers

What differentiates law from social norms?

  • Law is enforceable by the state. (correct)
  • Law results in social disapproval.
  • Law allows for personal interpretation.
  • Law can be easily changed.
  • Which function does law NOT serve?

  • Maintaining public order.
  • Protecting individual rights.
  • Regulating behavior.
  • Encouraging social disobedience. (correct)
  • In which legal tradition does the judge primarily apply codified laws?

  • Statutory law
  • Mixed law
  • Civil law (correct)
  • Common law
  • What is a key characteristic of common law?

    <p>It is derived from judicial decisions and precedents. (D)</p> Signup and view all the answers

    What conflict may arise within the functions of law?

    <p>Ensuring public safety while protecting civil liberties. (C)</p> Signup and view all the answers

    What role does a judge primarily play in a civil law system regarding workplace safety?

    <p>The judge investigates facts and applies relevant codified laws. (D)</p> Signup and view all the answers

    In a common law system, how does a judge arrive at a ruling for workplace injury cases?

    <p>By comparing the case to judicial precedents and modifying based on new details. (A)</p> Signup and view all the answers

    What is usually the outcome when an employer is found non-compliant with labor codes in a civil law system?

    <p>The judge applies predetermined penalties as stated in the labor code. (B)</p> Signup and view all the answers

    What might result from a unique case ruling in a common law system?

    <p>A new legal precedent may be established. (A)</p> Signup and view all the answers

    What is a fundamental difference in how judges operate between civil law and common law systems?

    <p>Judges in civil law systems refer to detailed written codes. (B)</p> Signup and view all the answers

    What best defines the legal method?

    <p>How lawyers and judges think, reason, and argue about the law. (A)</p> Signup and view all the answers

    Why is legal reasoning necessary for lawyers?

    <p>Because the law may be ambiguous or unclear on specific subjects. (D)</p> Signup and view all the answers

    What is meant by judicial precedent?

    <p>Judges are bound by earlier court decisions in specific circumstances. (A)</p> Signup and view all the answers

    What is a challenge that arises from ambiguous language in statutes?

    <p>It may lead to varying interpretations that require court clarification. (B)</p> Signup and view all the answers

    Which aspect of legal reasoning is crucial for applying judicial precedent in current cases?

    <p>Understanding which parts of earlier decisions are binding. (A)</p> Signup and view all the answers

    What best characterizes the difference in lawmaking between civil law and common law systems?

    <p>Civil law is based predominantly on written codes, while common law develops through court decisions. (D)</p> Signup and view all the answers

    In terms of civil law, which of the following areas primarily deals with disputes related to agreements between parties?

    <p>Contract law (A)</p> Signup and view all the answers

    Which statement accurately describes the role of judges in common law systems?

    <p>Judges have the authority to create new laws through rulings. (C)</p> Signup and view all the answers

    What is a significant characteristic of the adversarial legal system compared to the inquisitorial system?

    <p>Adversarial systems rely on parties to present evidence and argue their cases. (A)</p> Signup and view all the answers

    Which of the following best contrasts public law and private law?

    <p>Public law addresses issues that affect individuals and society as a whole, while private law deals with individual relationships. (B)</p> Signup and view all the answers

    What type of law is created through decisions made by judges in specific cases?

    <p>Common law (A)</p> Signup and view all the answers

    Which chamber of the UK Parliament consists of appointed and hereditary members?

    <p>House of Lords (D)</p> Signup and view all the answers

    What is the primary legislation that takes precedence over common law?

    <p>Acts of Parliament (B)</p> Signup and view all the answers

    What is the legal authority that emanates from the European Court of Human Rights and was incorporated into UK law through the Human Rights Act 1998?

    <p>Human Rights Law (A)</p> Signup and view all the answers

    Which of the following best describes secondary legislation?

    <p>Detailed rules made under the authority of Acts with less scrutiny (A)</p> Signup and view all the answers

    Flashcards

    Law vs. Social Norms

    Laws are rules enforced by the state, while social norms are rules that lead to social disapproval.

    Law's Social Functions

    Law maintains order, controls behavior, and protects rights both on a large and small scale.

    Common Law

    A legal system based on precedent (past rulings), where judges create and interpret the law.

    Civil Law

    A legal system based on codified laws, where judges apply pre-written laws.

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    Mixed Legal Systems

    Legal systems that combine elements of both common and civil law traditions.

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    Codified Law System

    A legal system where judges rely on detailed, written codes of law to determine an outcome. These codes are comprehensive and often provide specific provisions for different situations.

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    Common Law System

    A legal system where judges make decisions based on previous legal rulings (precedents). These precedents guide future judgments in similar cases.

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    Judge's Role in Codified Law

    The judge analyzes the facts and applies relevant code sections to determine if the employer violated a specific provision.

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    Judge's Role in Common Law

    The judge compares the current case with past decisions (precedents) to determine the outcome. They may adjust the ruling based on new details.

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    Legal Outcome in Codified Law

    The outcome is determined by the codified laws, often involving pre-defined penalties for specific violations.

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    Legal Method

    The process lawyers and judges use to think, reason, and argue about the law. It includes techniques to solve legal problems, like advising clients or deciding court cases.

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    Ambiguous Language in Law

    Words in statutes can have multiple meanings, leading to uncertainty about the law's application.

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    Statutory Interpretation

    Rules courts use to clarify the meaning of laws written in statutes, especially when language is unclear.

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    Judicial Precedent

    Judges are bound by earlier court decisions in similar cases. Understanding and applying these precedents is crucial for legal reasoning.

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    Applying Precedent

    Determining which parts of past decisions are binding and how they relate to current cases is an essential component of legal reasoning.

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    Public Law vs. Private Law

    Public law deals with the relationship between individuals and the state, while private law governs the relationship between individuals.

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    Civil Law vs. Criminal Law

    Civil law deals with disputes between individuals, seeking compensation for harm, while criminal law involves offenses against the state, leading to punishment.

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    Adversarial vs. Inquisitorial Systems

    Adversarial systems have opposing parties presenting evidence and arguments, with a neutral judge, while inquisitorial systems have a judge actively investigating and gathering evidence.

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    Legal Reasoning

    The process of interpreting legal rules and applying precedents to specific cases, used by lawyers and judges to find solutions.

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    Precedent in Common Law

    Past legal rulings are binding on future cases with similar facts, creating and interpreting the law over time.

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    Parliament's Role

    The UK Parliament makes laws by passing Acts of Parliament, which are also known as statutes or legislation. These written laws express the will of the legislature and are the highest form of law in the UK.

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    European Convention on Human Rights

    The European Convention on Human Rights (ECHR) is a treaty protecting human rights. It is incorporated into UK law through the Human Rights Act 1998, meaning courts can strike down laws incompatible with the ECHR.

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    Primary vs. Secondary Legislation

    Primary legislation refers to Acts of Parliament, the most important laws. Secondary legislation, like statutory instruments, are detailed rules made under the authority of Acts with less scrutiny.

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    Devolved Legislation

    Scotland, Wales, and Northern Ireland have devolved powers to pass laws in certain areas. However, they remain bound by the laws made by the UK Parliament.

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    Study Notes

    Law and its Functions

    • Law refers to rules enforceable by the state; social norms only lead to disapproval.
    • Law maintains order, regulates behavior, and protects rights (macro and micro).
    • Conflicts may arise between a law's functions, especially in situations like social protests or security threats.

    Common Law vs. Civil Law

    • Legal systems consist of laws, processes, institutions, and personnel.
    • English legal systems include legislation, common law, courts, professionals, police, and alternate dispute resolution.
    • Two main legal models exist: civil law (codified; judge applies law) and common law (precedent-based; judge-made law).
    • Originating in England, common law is based on Roman law tradition.
    • Civil law is codified; judges follow pre-existing legal codes, relying on written constitutions.
    • Common law prioritizes precedents and judicial decisions.
    • Some countries combine elements of both systems.

    Example Scenario

    • Scenario: An employee slips on a wet floor, suffers injury, and sues the employer for negligence.
    • This example illustrates how civil and common law systems can differ.

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    Description

    This quiz explores the fundamental functions of law, including its role in maintaining order and protecting rights. It also compares common law and civil law systems, highlighting their differences and similarities. Engage with various scenarios to deepen your understanding of legal principles.

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