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What is considered the oldest and most important source of law?
What is considered the oldest and most important source of law?
For a custom to be valid as a source of law, it must be unreasonable in its application.
For a custom to be valid as a source of law, it must be unreasonable in its application.
False
What is one of the essential characteristics a custom must fulfill to be recognized as law?
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 __________.
A custom must have an obligatory character, meaning it must be supported by general public __________.
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Match the essential characteristics of a custom with their descriptions:
Match the essential characteristics of a custom with their descriptions:
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Which of the following is NOT an essential of a custom?
Which of the following is NOT an essential of a custom?
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A custom cannot be vague or indefinite.
A custom cannot be vague or indefinite.
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What denotes rules of habitual conduct within a community?
What denotes rules of habitual conduct within a community?
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What does 'stare decisis' signify?
What does 'stare decisis' signify?
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Only the 'ratio decidendi' of a case is binding in subsequent cases.
Only the 'ratio decidendi' of a case is binding in subsequent cases.
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What is the significance of 'obiter dicta' in a judgment?
What is the significance of 'obiter dicta' in a judgment?
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A practice that shows consistency in observance may attain the status of a '______'.
A practice that shows consistency in observance may attain the status of a '______'.
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Match the following terms with their definitions:
Match the following terms with their definitions:
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Which of the following is true about 'Customs'?
Which of the following is true about 'Customs'?
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Judicial precedents are the sole basis of law.
Judicial precedents are the sole basis of law.
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What does 'Judicial Precedent' enable in the legal system?
What does 'Judicial Precedent' enable in the legal system?
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What is meant by the term 'Legislation'?
What is meant by the term 'Legislation'?
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Legislation is only the process of making laws and does not include any declarations from the legislature.
Legislation is only the process of making laws and does not include any declarations from the legislature.
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What does the term 'legis' refer to in the context of legislation?
What does the term 'legis' refer to in the context of legislation?
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The legal system is composed of legal principles and norms to promote a secure _____ for its people.
The legal system is composed of legal principles and norms to promote a secure _____ for its people.
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Which of the following best explains the purpose of a legal system?
Which of the following best explains the purpose of a legal system?
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What is one essential requirement for something to be considered a valid 'Custom'?
What is one essential requirement for something to be considered a valid 'Custom'?
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The development of a legal system is unrelated to the civilization and growth of society.
The development of a legal system is unrelated to the civilization and growth of society.
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What is the primary role of the legal system in society?
What is the primary role of the legal system in society?
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Judges are influenced by the Executive and Legislature in a democratic setup.
Judges are influenced by the Executive and Legislature in a democratic setup.
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What is the role of advocates in the administration of justice?
What is the role of advocates in the administration of justice?
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In a democracy, citizens and their groups create __________ to seek attention from the government.
In a democracy, citizens and their groups create __________ to seek attention from the government.
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Match the following key roles with their responsibilities:
Match the following key roles with their responsibilities:
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Which of the following is NOT a responsibility of the legal system?
Which of the following is NOT a responsibility of the legal system?
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The Legal System operates in isolation without considering socio-economic conditions.
The Legal System operates in isolation without considering socio-economic conditions.
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How does civil society contribute to good governance?
How does civil society contribute to good governance?
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Which of the following is NOT a primary source of law?
Which of the following is NOT a primary source of law?
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International Law and Municipal Law are the two main classifications of law.
International Law and Municipal Law are the two main classifications of law.
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What is the role of judges in the administration of justice?
What is the role of judges in the administration of justice?
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The principle that mandates courts to follow precedents is known as __________.
The principle that mandates courts to follow precedents is known as __________.
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Which law deals with offenses and punishments?
Which law deals with offenses and punishments?
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Judicial precedents allow for new laws to be created.
Judicial precedents allow for new laws to be created.
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Name one role of civil society in governance.
Name one role of civil society in governance.
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Which of the following is NOT considered an essential characteristic of a custom?
Which of the following is NOT considered an essential characteristic of a custom?
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The Constitution provides for the rights and duties of the subjects based on equality, justice, and fairness.
The Constitution provides for the rights and duties of the subjects based on equality, justice, and fairness.
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What role do advocates play in the administration of justice?
What role do advocates play in the administration of justice?
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The __________ is a fundamental document that outlines the powers and responsibilities of the government.
The __________ is a fundamental document that outlines the powers and responsibilities of the government.
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What is the role of civil society in governance?
What is the role of civil society in governance?
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Judges are dependent on the executive and legislative branches in a democratic setup.
Judges are dependent on the executive and legislative branches in a democratic setup.
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What are the essential characteristics of custom?
What are the essential characteristics of custom?
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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
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International Law: Governs relations between states.
- Public International Law: Rules governing relationships between states.
- Private International Law: Regulations regarding cases with foreign elements.
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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.
- Public Law: Regulates the state and its relations with citizens.
Sources of Law
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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.
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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).
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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
Role of Legal System, Judiciary, Legal Professionals and Civil Society
- 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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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.
