Legal Customs and Judicial Precedents Quiz
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Questions and Answers

What is considered the oldest and most important source of law?

  • Custom (correct)
  • Judicial Decisions
  • Legislation
  • International Treaties

For a custom to be valid as a source of law, it must be unreasonable in its application.

False (B)

What is one of the essential characteristics a custom must fulfill to be recognized as law?

Antiquity

A custom must have an obligatory character, meaning it must be supported by general public __________.

<p>opinion</p> Signup and view all the answers

Match the essential characteristics of a custom with their descriptions:

<p>Antiquity = Existing from time immemorial Continuance = Practiced continuously over time Reasonableness = Not harsh or imprudent Certainty = Must be clear and definite</p> Signup and view all the answers

Which of the following is NOT an essential of a custom?

<p>Complexity (B)</p> Signup and view all the answers

A custom cannot be vague or indefinite.

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

What denotes rules of habitual conduct within a community?

<p>Custom</p> Signup and view all the answers

What does 'stare decisis' signify?

<p>To stand by past decisions (B)</p> Signup and view all the answers

Only the 'ratio decidendi' of a case is binding in subsequent cases.

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

What is the significance of 'obiter dicta' in a judgment?

<p>'Obiter dicta' refers to statements made in a judgment that are not essential to the decision and do not have binding authority.</p> Signup and view all the answers

A practice that shows consistency in observance may attain the status of a '______'.

<p>Custom</p> Signup and view all the answers

Match the following terms with their definitions:

<p>Stare Decisis = To stand by past decisions Ratio Decidendi = Reason for the decision that is binding Obiter Dicta = Non-binding statements in a judgment Judicial Precedent = Source of law based on past decisions</p> Signup and view all the answers

Which of the following is true about 'Customs'?

<p>They must show consistency to be recognized (A)</p> Signup and view all the answers

Judicial precedents are the sole basis of law.

<p>False (B)</p> Signup and view all the answers

What does 'Judicial Precedent' enable in the legal system?

<p>'Judicial Precedent' enables future conduct to be guided by established decisions in similar cases.</p> Signup and view all the answers

What is meant by the term 'Legislation'?

<p>Making rules for human conduct (A)</p> Signup and view all the answers

Legislation is only the process of making laws and does not include any declarations from the legislature.

<p>False (B)</p> Signup and view all the answers

What does the term 'legis' refer to in the context of legislation?

<p>Law</p> Signup and view all the answers

The legal system is composed of legal principles and norms to promote a secure _____ for its people.

<p>living</p> Signup and view all the answers

Which of the following best explains the purpose of a legal system?

<p>To regulate human behavior and minimize friction (B)</p> Signup and view all the answers

What is one essential requirement for something to be considered a valid 'Custom'?

<p>Acceptance by the community</p> Signup and view all the answers

The development of a legal system is unrelated to the civilization and growth of society.

<p>False (B)</p> Signup and view all the answers

What is the primary role of the legal system in society?

<p>To recognize rights and prescribe duties (A)</p> Signup and view all the answers

Judges are influenced by the Executive and Legislature in a democratic setup.

<p>False (B)</p> Signup and view all the answers

What is the role of advocates in the administration of justice?

<p>Advocates assist judges by presenting cases and ensuring a fair trial.</p> Signup and view all the answers

In a democracy, citizens and their groups create __________ to seek attention from the government.

<p>Pressure Groups</p> Signup and view all the answers

Match the following key roles with their responsibilities:

<p>Judges = Adjudicating matters and administering justice Advocates = Assisting in presenting cases Civil Society = Creating pressure groups for governance oversight Legal System = Recognizing rights and prescribing duties</p> Signup and view all the answers

Which of the following is NOT a responsibility of the legal system?

<p>Prescribing personal finance advice (C)</p> Signup and view all the answers

The Legal System operates in isolation without considering socio-economic conditions.

<p>False (B)</p> Signup and view all the answers

How does civil society contribute to good governance?

<p>By promoting transparency, accountability, and responsiveness.</p> Signup and view all the answers

Which of the following is NOT a primary source of law?

<p>Public Opinion (B)</p> Signup and view all the answers

International Law and Municipal Law are the two main classifications of law.

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

What is the role of judges in the administration of justice?

<p>Judges interpret laws, oversee legal proceedings, and ensure justice is served.</p> Signup and view all the answers

The principle that mandates courts to follow precedents is known as __________.

<p>stare decisis</p> Signup and view all the answers

Which law deals with offenses and punishments?

<p>Substantive Law (D)</p> Signup and view all the answers

Judicial precedents allow for new laws to be created.

<p>False (B)</p> Signup and view all the answers

Name one role of civil society in governance.

<p>To promote accountability and transparency.</p> Signup and view all the answers

Which of the following is NOT considered an essential characteristic of a custom?

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

The Constitution provides for the rights and duties of the subjects based on equality, justice, and fairness.

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

What role do advocates play in the administration of justice?

<p>They assist judges in interpreting the law and finding the truth in disputes.</p> Signup and view all the answers

The __________ is a fundamental document that outlines the powers and responsibilities of the government.

<p>Constitution</p> Signup and view all the answers

What is the role of civil society in governance?

<p>To pressure the legislature and promote good governance (C)</p> Signup and view all the answers

Judges are dependent on the executive and legislative branches in a democratic setup.

<p>False (B)</p> Signup and view all the answers

What are the essential characteristics of custom?

<p>Antiquity, Continuity, Reasonableness, Obligatory Character, Certainty, Consistency, Conformity with statutory Law and Public Policy.</p> Signup and view all the answers

Flashcards

What is custom in law?

The oldest and most important source of law. It represents principles of justice and public utility that have been accepted by a community over time.

How does custom form in law?

Repeated actions by a community that demonstrate a common way of behaving.

What is the 'antiquity' requirement for custom?

A customary practice must be in existence for a very long time.

What does 'continuance' mean for a custom?

A customary practice must be followed continuously without interruption.

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What is the 'reasonableness' requirement for custom?

A custom must be reasonable and fair in its application to different situations.

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What is the 'obligatory character' of custom?

The custom must be recognized and accepted by the community as a rule that should be followed.

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What is the 'certainty' requirement for custom?

A custom must be clear and well-defined to be recognized as a source of law.

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How do customs become law?

Customary practices that meet all the requirements become recognized as legal rules.

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Consistency in Custom

A practice must be consistently followed to be considered a custom. If the practice is not consistently followed, it cannot become a custom.

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Conformity with Law and Policy

A custom must be in line with both statutory law and prevailing societal norms. It cannot contradict these.

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What is Precedent?

A precedent is a previous event, decision, or action that sets a pattern for similar situations in the future.

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Judicial Precedent

A judicial precedent is a previous court ruling used to guide future rulings in similar cases. It's an independent source of law.

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"Stare Decisis"

The principle of "stare decisis" means "to stand by past decisions." It involves following previously established precedents to ensure law consistency.

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Binding Force of Precedent

Lower courts are bound by the decisions of higher courts in similar cases. This ensures consistent application of law across different levels of the judicial system.

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Ratio Decidendi

The "ratio decidendi" is the core legal reasoning behind a judicial decision. It's the rule of law used to reach the decision.

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Obiter Dicta

Obiter dicta are statements made by judges that are not central to the core reasoning of the decision. These statements are not legally binding.

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Legislation

The process of creating formal rules for people's conduct by authorized bodies through a prescribed procedure.

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Legal System

A set of principles and rules that aim to ensure a safe and secure living for people in a society.

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Custom

A source of law that arises from the repeated practices of a community, accepted as legally binding.

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Essentials of a valid custom

The essentials of a valid custom are that it should be ancient, continuous, universal, certain and reasonable.

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Judiciary

The branch of government responsible for interpreting and applying the law to specific cases.

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Legal Professionals

Professionals trained in law, such as lawyers and judges, who play a vital role in the legal system.

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Civil Society

The part of society that actively participates in shaping and influencing legal and social issues.

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Administration of Justice

The process of enforcing the law and resolving disputes within a legal framework.

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What is law?

A set of rules and regulations based on principles of justice and fair play, designed to regulate people's actions and behaviors.

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What is the role of the legal system?

The system that enforces the rights and duties outlined in the law.

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What is the role of judges?

Judges are independent from the government and apply the law fairly, without bias, to resolve disputes.

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What is the role of advocates?

Advocates are legal professionals who assist judges in finding the truth and interpreting the law.

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What is the role of civil society?

Citizens and their groups play a crucial role in good governance by raising awareness and holding the government accountable.

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What is the importance of the Constitution?

The Constitution is the supreme law of the land, outlining fundamental rights and responsibilities of citizens.

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How does civil society contribute to good governance?

Civil society groups bring transparency and accountability to governance by advocating for citizens' interests and exposing wrongdoing.

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How do advocates contribute to the administration of justice?

Advocates assist judges by providing legal expertise, arguments, and evidence to ensure fair and just outcomes.

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What are Customs in law?

A set of established practices in a community that have been followed for a long time and are considered obligatory and accepted by society. They must also be reasonable, certain, and consistent, and they can't contradict laws or public policy.

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What is Legislation?

The process of creating laws by a legislative body, like a parliament or congress. It involves expressing the will of the legislature.

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What is a Constitution?

A formal document that outlines the fundamental principles and aspirations of a society. It defines the rights and duties of citizens and sets forth the powers and responsibilities of the government.

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Who are Civil Society Members?

Groups of individuals who organize and advocate for social and political issues, aiming to influence the government through pressure and participation.

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Role of Advocates in Justice?

The professionals who represent and assist individuals or groups in legal matters, acting as officers of the court and providing expert legal advice and arguments.

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Role of Judges in the Democratic System?

Judges operate independently from the executive and legislative branches; they are responsible for administering justice impartially, reviewing evidence, and applying the law in accordance with fairness and reason.

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What are the sources of law?

Customs, judicial precedents (case law), and legislation are the three main origins of legal rules.

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What is the difference between public and private law?

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

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What is the difference between substantive and procedural law?

Substantive law defines the rights and obligations of individuals, while procedural law outlines the procedures for enforcing those rights.

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What is judicial precedent?

A legal principle established by a court decision that serves as a binding precedent for future cases with similar facts.

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What is the difference between 'ratio decidendi' and 'obiter dicta'?

The ratio decidendi is the legal reasoning behind a court's decision, while obiter dicta are comments or observations made by the court that are not essential to the decision.

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What is the doctrine of stare decisis?

The doctrine of stare decisis means courts should follow the decisions of higher courts in similar cases.

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What is the role of judges in the administration of justice?

Judges play a critical role in interpreting and applying the law, ensuring fairness and justice in legal disputes.

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Study Notes

Meaning of Law

  • Law is necessary in daily life, from birth to death, touching all aspects of life.
  • Law rules from cradle to grave, influencing everything from buying groceries to resolving disputes.
  • Law is a system of rules and regulations, generally based on principles of justice, fair play and convenience.

Objectives

  • Understand and define law.
  • Classify law broadly.
  • Identify the sources of law.
  • Appreciate the role of the Indian legal system, judiciary, legal professionals and civil society.

Meaning and Definition of Law

  • Law is a notional pattern of conduct people follow.
  • It's a large body of rules and regulations based on principles of justice.
  • Law is developed through government bodies to regulate activities.
  • Law is a flexible concept understood differently by various jurists.

Definitions of Law

  • Aristotle: Law is inherent in human nature, discoverable through reason, immutable, universal and capable of growth.
  • Austin: Law is the command of the sovereign, rules laid down by political superiors to inferiors.
  • Paton: Law consists of rules considered binding by individuals in the community.

Classification of Law

  • International Law: Governs relations between states.
    • Public International Law: Rules governing relationships between states.
    • Private International Law: Regulations regarding cases with foreign elements.
  • Municipal/National Law: Applied within a specific state.
    • Public Law: Regulates the state and its relations with citizens.
      • Constitutional Law: Basic law of the state (supreme).
      • Administrative Law: Powers and functioning of government agencies.
      • Criminal Law: Defines crimes and punishments.
    • Private Law: Regulates relations between individuals.
      • Natural/Moral Law: Based on right/wrong, principles of justice
      • Conventional Law: Rules agreed upon by individuals.
      • Customary Law: Rules of action based on widespread practice and generally accepted by society.
      • Civil Law: State-enforced rules.

Sources of Law

  • Custom: Oldest form, embodies principles of justice, public utility, stemming from habitual conduct within a community. Must be ancient, continuous, reasonable, obligatory, certain, consistent, and conform with statutory laws and public policy.

  • Judicial Precedent: Decisions of higher courts, which lower courts must follow in similar cases. 'Ratio Decidendi' (the legal reasoning) and 'Obiter Dicta' (judicial observations, not binding). This is an independent source of law. 'Stare Decisis' (following precedents).

  • Legislation: A deliberate process of law-making by authorized bodies (e.g., parliament, legislature). It's a formal expression of the will of the legislature to govern human behavior. Includes statutes, Acts and regulations

  • A legal system regulates human behaviour, balancing rights and duties.
  • Judges administer justice impartially.
  • Advocates are crucial for legal representation and guidance.
  • Civil society groups shape legal development through protests, activism and participation.

Importance of Constitution

  • Constitution: Basis of a nation's legal system, defining its nature, structure, powers of government, and rights/duties of citizens.

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Introduction to Law PDF

Description

Test your knowledge on the essential characteristics of legal customs and the significance of judicial precedents in law. This quiz covers definitions, applications, and important concepts related to customs and judicial decision-making. Challenge yourself and deepen your understanding of legal sources and practices.

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