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?

It is derived from judicial decisions and precedents. Signup and view all the answers

What conflict may arise within the functions of law?

Ensuring public safety while protecting civil liberties. Signup and view all the answers

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

The judge investigates facts and applies relevant codified laws. Signup and view all the answers

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

By comparing the case to judicial precedents and modifying based on new details. 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?

The judge applies predetermined penalties as stated in the labor code. Signup and view all the answers

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

A new legal precedent may be established. Signup and view all the answers

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

Judges in civil law systems refer to detailed written codes. Signup and view all the answers

What best defines the legal method?

How lawyers and judges think, reason, and argue about the law. Signup and view all the answers

Why is legal reasoning necessary for lawyers?

Because the law may be ambiguous or unclear on specific subjects. Signup and view all the answers

What is meant by judicial precedent?

Judges are bound by earlier court decisions in specific circumstances. Signup and view all the answers

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

It may lead to varying interpretations that require court clarification. Signup and view all the answers

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

Understanding which parts of earlier decisions are binding. Signup and view all the answers

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

Civil law is based predominantly on written codes, while common law develops through court decisions. 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?

Contract law Signup and view all the answers

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

Judges have the authority to create new laws through rulings. Signup and view all the answers

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

Adversarial systems rely on parties to present evidence and argue their cases. Signup and view all the answers

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

Public law addresses issues that affect individuals and society as a whole, while private law deals with individual relationships. Signup and view all the answers

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

Common law Signup and view all the answers

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

House of Lords Signup and view all the answers

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

Acts of Parliament 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?

Human Rights Law Signup and view all the answers

Which of the following best describes secondary legislation?

Detailed rules made under the authority of Acts with less scrutiny Signup and view all the answers

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.