Podcast
Questions and Answers
What was the role of justiciars in the court system?
What was the role of justiciars in the court system?
- They created new laws independent of the King's Court.
- They were local judges who enforced civil law only.
- They were royal judges responsible for overseeing local cases. (correct)
- They acted as jurors in all trials.
How did the principle of stare decisis influence the legal system?
How did the principle of stare decisis influence the legal system?
- It required all cases to be overseen by the King.
- It made legal decisions more predictable by following past rulings. (correct)
- It allowed judges to create new laws at will.
- It ensured that laws based on precedent could not be changed.
What change did Henry II implement regarding writs?
What change did Henry II implement regarding writs?
- Writs were made available for public purchase to seek justice. (correct)
- Writs were restricted only to noble families.
- All writs became free to obtain by anyone.
- Writs were eliminated from the legal process.
What was a key provision of the Magna Carta signed by King John?
What was a key provision of the Magna Carta signed by King John?
What is the difference between the rule of law and the rule of men?
What is the difference between the rule of law and the rule of men?
What was one criticism of the system of writs in the justice system?
What was one criticism of the system of writs in the justice system?
What role did juries play in the courts during this time period?
What role did juries play in the courts during this time period?
What is meant by a 'writ' in the context of the legal system?
What is meant by a 'writ' in the context of the legal system?
Which principle ensures that laws must apply to everyone equally, without discrimination?
Which principle ensures that laws must apply to everyone equally, without discrimination?
What is the significance of clarity in law?
What is the significance of clarity in law?
What type of cases did the Court of Common Pleas handle?
What type of cases did the Court of Common Pleas handle?
Which court was absorbed into the High Court by the Judicature Act of 1873?
Which court was absorbed into the High Court by the Judicature Act of 1873?
What was one of the main social systems introduced after the Norman Conquest?
What was one of the main social systems introduced after the Norman Conquest?
What role did early chancellors play in the legal system?
What role did early chancellors play in the legal system?
How does equity differ from common law in terms of available remedies?
How does equity differ from common law in terms of available remedies?
Which event marked the beginning of significant changes in England's legal system?
Which event marked the beginning of significant changes in England's legal system?
Which of the following elements does NOT contribute to the rule of law as defined by Fuller?
Which of the following elements does NOT contribute to the rule of law as defined by Fuller?
What was a notable form of trial used in Anglo-Saxon law to determine guilt or innocence?
What was a notable form of trial used in Anglo-Saxon law to determine guilt or innocence?
What was the purpose of writs in the legal system following the Norman Conquest?
What was the purpose of writs in the legal system following the Norman Conquest?
What was the primary responsibility of the Court of Exchequer?
What was the primary responsibility of the Court of Exchequer?
Who were the initial jurors in the Anglo-Saxon legal system?
Who were the initial jurors in the Anglo-Saxon legal system?
What does the principle of non-retroactive mean in the context of law?
What does the principle of non-retroactive mean in the context of law?
Which aspect of law did the King’s Court, or Curia Regis, primarily focus on?
Which aspect of law did the King’s Court, or Curia Regis, primarily focus on?
What was a significant outcome of the amalgamation of the Court of Exchequer in 1875?
What was a significant outcome of the amalgamation of the Court of Exchequer in 1875?
What did the practice of outlawry entail in the context of Anglo-Saxon law?
What did the practice of outlawry entail in the context of Anglo-Saxon law?
Before the Norman Conquest, what characterized the legal system in England?
Before the Norman Conquest, what characterized the legal system in England?
What principle underlies the idea that every right must have a remedy in equity?
What principle underlies the idea that every right must have a remedy in equity?
What was the primary outcome of the Attorney General v Blake (2000) case regarding breach of contract?
What was the primary outcome of the Attorney General v Blake (2000) case regarding breach of contract?
What was one of the main criticisms of the laws in Ancient Rome during the Republic?
What was one of the main criticisms of the laws in Ancient Rome during the Republic?
What was the significance of the Twelve Tables in Roman law?
What was the significance of the Twelve Tables in Roman law?
In the Common Law system, how are legal principles primarily determined?
In the Common Law system, how are legal principles primarily determined?
Which Roman legal figure was primarily responsible for conducting pre-trial hearings?
Which Roman legal figure was primarily responsible for conducting pre-trial hearings?
What role did jurists play in the legal system of Ancient Rome?
What role did jurists play in the legal system of Ancient Rome?
What type of remedy does equity often provide in cases of breach of contract?
What type of remedy does equity often provide in cases of breach of contract?
How were the edicts of the Praetor significant in Roman law?
How were the edicts of the Praetor significant in Roman law?
Which of the following best describes the nature of the Code of Hammurabi?
Which of the following best describes the nature of the Code of Hammurabi?
What fundamental idea does the maxim 'where there is a right, there is a remedy' represent?
What fundamental idea does the maxim 'where there is a right, there is a remedy' represent?
What characterizes civil law systems compared to common law systems?
What characterizes civil law systems compared to common law systems?
Which of the following was a result of the establishment of the Twelve Tables?
Which of the following was a result of the establishment of the Twelve Tables?
In the context of duress, what does misrepresentation refer to?
In the context of duress, what does misrepresentation refer to?
What was the significance of the Criminal Court opened on 4 March 1844 in Hong Kong?
What was the significance of the Criminal Court opened on 4 March 1844 in Hong Kong?
Who was the first Chief Justice of Hong Kong, and what challenge did he face?
Who was the first Chief Justice of Hong Kong, and what challenge did he face?
Which ordinance established the Supreme Court of Hong Kong and what was its primary purpose?
Which ordinance established the Supreme Court of Hong Kong and what was its primary purpose?
What was one major issue during the first case in the Criminal Court involving the Manila seaman?
What was one major issue during the first case in the Criminal Court involving the Manila seaman?
How did the amendments made to the Supreme Court Ordinance in 1845 and 1846 affect the application of English laws in Hong Kong?
How did the amendments made to the Supreme Court Ordinance in 1845 and 1846 affect the application of English laws in Hong Kong?
What role did jurists play in the Roman legal system?
What role did jurists play in the Roman legal system?
What is the significance of responsa in the context of Roman law?
What is the significance of responsa in the context of Roman law?
What was the salary of the first Attorney General of Hong Kong, Mr. Paul Sterling?
What was the salary of the first Attorney General of Hong Kong, Mr. Paul Sterling?
How did the practice of edict issuance change over time in Rome?
How did the practice of edict issuance change over time in Rome?
What was one of the reasons other barristers were reluctant to accept the position of Chief Justice in Hong Kong?
What was one of the reasons other barristers were reluctant to accept the position of Chief Justice in Hong Kong?
What was the outcome of the jury's verdict in the first case tried in the Criminal Court?
What was the outcome of the jury's verdict in the first case tried in the Criminal Court?
What was the impact of Emperor Justinian's codification?
What was the impact of Emperor Justinian's codification?
Which statement distinguishes common law from civil law?
Which statement distinguishes common law from civil law?
What is a primary feature of the adversarial system in common law?
What is a primary feature of the adversarial system in common law?
What was one reason for the lack of continuity in litigation in the Roman legal system?
What was one reason for the lack of continuity in litigation in the Roman legal system?
What characterized the role of patented jurists in the Roman Empire?
What characterized the role of patented jurists in the Roman Empire?
Which of the following best describes the essence of Corpus Juris Civilis?
Which of the following best describes the essence of Corpus Juris Civilis?
How were the concepts of equity law different between Roman law and English law?
How were the concepts of equity law different between Roman law and English law?
Which university is noted for establishing the study of Roman law in Western Europe?
Which university is noted for establishing the study of Roman law in Western Europe?
What was the major legal reform called that appeared in France during the 18th century?
What was the major legal reform called that appeared in France during the 18th century?
Which statement correctly identifies a unique aspect of civil law?
Which statement correctly identifies a unique aspect of civil law?
What structural element plays a major role in common law compared to civil law?
What structural element plays a major role in common law compared to civil law?
What is the duration for which the Basic Law will remain unchanged in Hong Kong?
What is the duration for which the Basic Law will remain unchanged in Hong Kong?
Which of the following is not a responsibility of the Hong Kong Special Administrative Region (HKSAR)?
Which of the following is not a responsibility of the Hong Kong Special Administrative Region (HKSAR)?
What does the term 'one country, two systems' refer to in the context of Hong Kong?
What does the term 'one country, two systems' refer to in the context of Hong Kong?
What crucial aspect of a legal system do secondary rules provide?
What crucial aspect of a legal system do secondary rules provide?
Which body is responsible for enacting and promulgating the Basic Law for the HKSAR?
Which body is responsible for enacting and promulgating the Basic Law for the HKSAR?
Which of the following elements is NOT considered part of the Basic Law?
Which of the following elements is NOT considered part of the Basic Law?
What does the Rule of Recognition help to solve in a legal system?
What does the Rule of Recognition help to solve in a legal system?
Which of the following responsibilities is explicitly stated for the HKSAR after its establishment?
Which of the following responsibilities is explicitly stated for the HKSAR after its establishment?
What is one requirement for a legal system as per the outlined jurisprudence?
What is one requirement for a legal system as per the outlined jurisprudence?
Under the Basic Law, what system will NOT be practiced in the HKSAR?
Under the Basic Law, what system will NOT be practiced in the HKSAR?
In the common law system, which of the following roles is primarily filled by judges?
In the common law system, which of the following roles is primarily filled by judges?
Which statement accurately reflects the role of lawyers in a civil law system?
Which statement accurately reflects the role of lawyers in a civil law system?
What distinguishes customary law from other legal systems?
What distinguishes customary law from other legal systems?
Which type of law originated in Saudi Arabia during the 7th century?
Which type of law originated in Saudi Arabia during the 7th century?
What was the primary outcome of the Treaty of Nanking in 1842?
What was the primary outcome of the Treaty of Nanking in 1842?
Which legal system primarily encourages the judge to act as an investigator?
Which legal system primarily encourages the judge to act as an investigator?
What is the primary function of legal scholarship in the context of the common law?
What is the primary function of legal scholarship in the context of the common law?
Which of the following is true regarding the binary legal system established by Captain Elliot's proclamation in Hong Kong?
Which of the following is true regarding the binary legal system established by Captain Elliot's proclamation in Hong Kong?
What does the term 'mixed legal system' imply, especially in the context of South Africa?
What does the term 'mixed legal system' imply, especially in the context of South Africa?
What was the economic impact of the British East India Company’s monopoly on opium?
What was the economic impact of the British East India Company’s monopoly on opium?
Which of the following best describes the role of the governor as conferred by the Hong Kong Letters Patent of 1843?
Which of the following best describes the role of the governor as conferred by the Hong Kong Letters Patent of 1843?
Which characteristic differentiates German Civil Law from other legal traditions?
Which characteristic differentiates German Civil Law from other legal traditions?
How do local customs influence the application of British law in Hong Kong according to Article III of the legal framework?
How do local customs influence the application of British law in Hong Kong according to Article III of the legal framework?
What was the purpose of the Joint Liaison Group established in 1985?
What was the purpose of the Joint Liaison Group established in 1985?
What was one of the significant outcomes of the Handover on July 1, 1997?
What was one of the significant outcomes of the Handover on July 1, 1997?
What principle governs land leases expiring before June 30, 1997?
What principle governs land leases expiring before June 30, 1997?
Which governing body's laws are prioritized in the courts of Hong Kong after the Handover?
Which governing body's laws are prioritized in the courts of Hong Kong after the Handover?
When was the Reunification Ordinance enacted?
When was the Reunification Ordinance enacted?
Who confirmed the continuity of legal proceedings in Hong Kong post-Handover?
Who confirmed the continuity of legal proceedings in Hong Kong post-Handover?
Which of the following statements about the Joint Liaison Group is NOT true?
Which of the following statements about the Joint Liaison Group is NOT true?
What was agreed upon regarding bilateral agreements after June 30, 1997?
What was agreed upon regarding bilateral agreements after June 30, 1997?
What effect did the Basic Law have on Hong Kong's system after it became a Special Administrative Region?
What effect did the Basic Law have on Hong Kong's system after it became a Special Administrative Region?
What was one of the functions of the Joint Liaison Group?
What was one of the functions of the Joint Liaison Group?
Which of the following statements accurately describes the Application of English Law Ordinance (1966) in Hong Kong?
Which of the following statements accurately describes the Application of English Law Ordinance (1966) in Hong Kong?
What is a key provision of the Basic Law concerning the laws in force in Hong Kong?
What is a key provision of the Basic Law concerning the laws in force in Hong Kong?
What happens to pre-1997 legislation if it conflicts with the Basic Law?
What happens to pre-1997 legislation if it conflicts with the Basic Law?
Which article of the Basic Law specifies that common law is not frozen as of July 1, 1997?
Which article of the Basic Law specifies that common law is not frozen as of July 1, 1997?
In the context of Hong Kong law, which of the following accurately describes the effect of precedents from other common law jurisdictions?
In the context of Hong Kong law, which of the following accurately describes the effect of precedents from other common law jurisdictions?
Which legislation allows for the application of specific pre-1843 English acts in Hong Kong?
Which legislation allows for the application of specific pre-1843 English acts in Hong Kong?
What can be inferred about the influence of the NPCSC Decision from February 23, 1997 on English law in Hong Kong?
What can be inferred about the influence of the NPCSC Decision from February 23, 1997 on English law in Hong Kong?
What defines the legislation enacted by the HKSAR post-1997?
What defines the legislation enacted by the HKSAR post-1997?
What role does the Court of Final Appeal (CFA) play concerning past English court decisions?
What role does the Court of Final Appeal (CFA) play concerning past English court decisions?
Which aspect of prior law jurisdiction does John Forrest Dillon differentiate?
Which aspect of prior law jurisdiction does John Forrest Dillon differentiate?
Which court is not bound by its own previous decisions in Hong Kong?
Which court is not bound by its own previous decisions in Hong Kong?
What is a Green Paper in the context of the life cycle of an ordinance?
What is a Green Paper in the context of the life cycle of an ordinance?
Under which circumstance can courts decline to follow precedents?
Under which circumstance can courts decline to follow precedents?
Which type of legislation is passed by the Legislative Council?
Which type of legislation is passed by the Legislative Council?
What was the primary purpose of the Basic Law Drafting Committee formed in 1985?
What was the primary purpose of the Basic Law Drafting Committee formed in 1985?
What is the purpose of a Member Bill in Hong Kong?
What is the purpose of a Member Bill in Hong Kong?
Which article of the Chinese Constitution allows the creation of special administrative regions?
Which article of the Chinese Constitution allows the creation of special administrative regions?
What is indicated by Basic Law Article 73 regarding the Legislative Council?
What is indicated by Basic Law Article 73 regarding the Legislative Council?
When was the Basic Law officially adopted by the National People’s Congress?
When was the Basic Law officially adopted by the National People’s Congress?
Which of the following best describes the legislative process from proposal to enactment of an ordinance?
Which of the following best describes the legislative process from proposal to enactment of an ordinance?
How many chapters are there in the body of the Basic Law?
How many chapters are there in the body of the Basic Law?
Which of the following statements is true regarding the doctrine of precedent in Hong Kong?
Which of the following statements is true regarding the doctrine of precedent in Hong Kong?
Which body has the authority to interpret the Basic Law in Hong Kong?
Which body has the authority to interpret the Basic Law in Hong Kong?
Which legal change prohibited men from taking concubines in Hong Kong?
Which legal change prohibited men from taking concubines in Hong Kong?
What does Chapter I, Article 8 of the Basic Law state about laws previously in force in Hong Kong?
What does Chapter I, Article 8 of the Basic Law state about laws previously in force in Hong Kong?
What is the role of the NPCSC regarding the Basic Law interpretations?
What is the role of the NPCSC regarding the Basic Law interpretations?
What custom regarding land inheritance was abolished by legislation after 1995?
What custom regarding land inheritance was abolished by legislation after 1995?
Which document primarily governs the laws in force in Hong Kong?
Which document primarily governs the laws in force in Hong Kong?
Which article of the Basic Law gives the NPCSC power to interpret provisions related to Hong Kong’s autonomy?
Which article of the Basic Law gives the NPCSC power to interpret provisions related to Hong Kong’s autonomy?
Which of the following laws does NOT apply in Hong Kong except for those specified in Annex III?
Which of the following laws does NOT apply in Hong Kong except for those specified in Annex III?
What happens if a Hong Kong court needs to interpret provisions related to the Central People's Government?
What happens if a Hong Kong court needs to interpret provisions related to the Central People's Government?
In which areas does Chinese customary law mainly have relevance today?
In which areas does Chinese customary law mainly have relevance today?
Which oath requires attorneys to renounce all rights of descendants of a pretender to the Crown?
Which oath requires attorneys to renounce all rights of descendants of a pretender to the Crown?
Who is responsible for proposing amendments to the Basic Law?
Who is responsible for proposing amendments to the Basic Law?
What was the purpose of the one-way permit issued to mainland residents after 1982?
What was the purpose of the one-way permit issued to mainland residents after 1982?
Which of the following is NOT a source of law in Hong Kong?
Which of the following is NOT a source of law in Hong Kong?
What was the verdict given by the jury in Cheong Ah-Lum's trial for the poisoned bread case?
What was the verdict given by the jury in Cheong Ah-Lum's trial for the poisoned bread case?
Which group of individuals was defined as having the right of abode in Hong Kong according to the Basic Law?
Which group of individuals was defined as having the right of abode in Hong Kong according to the Basic Law?
What is indicated by Article 159 regarding amendments?
What is indicated by Article 159 regarding amendments?
What was the primary reason for the Attorney General's pressure in Cheong's trial?
What was the primary reason for the Attorney General's pressure in Cheong's trial?
What legal change occurred due to the resolution passed on July 1, 1997?
What legal change occurred due to the resolution passed on July 1, 1997?
Which treaty first established British control over Hong Kong Island?
Which treaty first established British control over Hong Kong Island?
What is the minimum requirement for the Chief Executive selection method stated in Annex I?
What is the minimum requirement for the Chief Executive selection method stated in Annex I?
What type of system is used for interpreting the Basic Law in Hong Kong?
What type of system is used for interpreting the Basic Law in Hong Kong?
Which of the following laws does not exclude the application in Hong Kong?
Which of the following laws does not exclude the application in Hong Kong?
What type of legal rules do the English rules of common law and equity operate under in Hong Kong according to Section 3 of the Application of English Law Ordinance?
What type of legal rules do the English rules of common law and equity operate under in Hong Kong according to Section 3 of the Application of English Law Ordinance?
What was a key feature of the Sino-British Joint Declaration regarding the governance of Hong Kong after the handover?
What was a key feature of the Sino-British Joint Declaration regarding the governance of Hong Kong after the handover?
What authority does the SCNPC have concerning the laws in Annex III?
What authority does the SCNPC have concerning the laws in Annex III?
What was the fate of Cheong Ah-Lum after his arrest in relation to the poisoned bread?
What was the fate of Cheong Ah-Lum after his arrest in relation to the poisoned bread?
After the British occupation, which customary law primarily remained in Hong Kong?
After the British occupation, which customary law primarily remained in Hong Kong?
What was a significant concern in the Sino-British Joint Declaration regarding immigration?
What was a significant concern in the Sino-British Joint Declaration regarding immigration?
According to the legal framework, which acts of Parliament would be applicable in Hong Kong as per Section 4 of the Application of English Law Ordinance?
According to the legal framework, which acts of Parliament would be applicable in Hong Kong as per Section 4 of the Application of English Law Ordinance?
Which feature was NOT included in the key details of the Sino-British Joint Declaration?
Which feature was NOT included in the key details of the Sino-British Joint Declaration?
What defines
What defines
What was the main concern of the jury in Cheong Ah-Lum's case despite some members being victims of the poisoned bread?
What was the main concern of the jury in Cheong Ah-Lum's case despite some members being victims of the poisoned bread?
What did the 1997 deadline signify in the context of Hong Kong's governance?
What did the 1997 deadline signify in the context of Hong Kong's governance?
How were the rights and property of Hong Kong residents ensured after the handover according to the Joint Declaration?
How were the rights and property of Hong Kong residents ensured after the handover according to the Joint Declaration?
What event did the Poisoned Bread Case raise concerns over in terms of public safety?
What event did the Poisoned Bread Case raise concerns over in terms of public safety?
Which of the following did NOT result from the decisions made in the Poisoned Bread Case?
Which of the following did NOT result from the decisions made in the Poisoned Bread Case?
What did the Second Convention of Peking in 1898 grant to Britain?
What did the Second Convention of Peking in 1898 grant to Britain?
Which group of individuals is included as permanent residents in Hong Kong?
Which group of individuals is included as permanent residents in Hong Kong?
What is necessary for individuals born in the mainland to establish permanent residency in Hong Kong?
What is necessary for individuals born in the mainland to establish permanent residency in Hong Kong?
Which court ruling clarified that children of HK residents are not considered 'people from other parts of China'?
Which court ruling clarified that children of HK residents are not considered 'people from other parts of China'?
The NPCSC's interpretation of Article 24 of the Basic Law clarified what about individuals born outside Hong Kong?
The NPCSC's interpretation of Article 24 of the Basic Law clarified what about individuals born outside Hong Kong?
What jurisdiction allows a court to hear a matter for the first time?
What jurisdiction allows a court to hear a matter for the first time?
Which type of court includes the ability to review decisions made by lower courts?
Which type of court includes the ability to review decisions made by lower courts?
What was a key feature of the Immigration (Amendment) (No 3) Ordinance introduced in 1997?
What was a key feature of the Immigration (Amendment) (No 3) Ordinance introduced in 1997?
What power does the Court of Final Appeal possess in Hong Kong?
What power does the Court of Final Appeal possess in Hong Kong?
Which of the following is NOT a characteristic of superior courts in Hong Kong?
Which of the following is NOT a characteristic of superior courts in Hong Kong?
Which article of the Basic Law mandates the judiciary's power in Hong Kong?
Which article of the Basic Law mandates the judiciary's power in Hong Kong?
What is the maximum penalty that permanent magistrates can impose for an offence?
What is the maximum penalty that permanent magistrates can impose for an offence?
Which of the following types of cases do criminal courts in Hong Kong primarily assess?
Which of the following types of cases do criminal courts in Hong Kong primarily assess?
Which type of offence is likely to be punished with up to 2 years’ imprisonment in the Magistrates' Court?
Which type of offence is likely to be punished with up to 2 years’ imprisonment in the Magistrates' Court?
What jurisdictional limit applies to claims in equity matters related to land in the District Court?
What jurisdictional limit applies to claims in equity matters related to land in the District Court?
What happens to judgments rendered prior to the NPCSC's interpretations of the Basic Law?
What happens to judgments rendered prior to the NPCSC's interpretations of the Basic Law?
What type of cases does the Family Court handle?
What type of cases does the Family Court handle?
What is a primary function of courts as per the overview provided?
What is a primary function of courts as per the overview provided?
What does geographical jurisdiction refer to?
What does geographical jurisdiction refer to?
Which of the following is NOT a type of jurisdiction held by the Court of First Instance?
Which of the following is NOT a type of jurisdiction held by the Court of First Instance?
How do prosecutors influence the choice of trial venue in Hong Kong?
How do prosecutors influence the choice of trial venue in Hong Kong?
What type of offences does the District Court deal with?
What type of offences does the District Court deal with?
What is the role of a judge in criminal proceedings within the Court of First Instance?
What is the role of a judge in criminal proceedings within the Court of First Instance?
Which case example involved illegal smuggling punishable by a significant fine and imprisonment, yet was decided in a lower court?
Which case example involved illegal smuggling punishable by a significant fine and imprisonment, yet was decided in a lower court?
What is one of the primary functions of the appeal system in the judicial process?
What is one of the primary functions of the appeal system in the judicial process?
What type of jurisdiction does the Court of Appeal hold?
What type of jurisdiction does the Court of Appeal hold?
What is the required composition of the Court of Final Appeal?
What is the required composition of the Court of Final Appeal?
Under what condition can the Court of Final Appeal hear limited appeals from the Court of First Instance?
Under what condition can the Court of Final Appeal hear limited appeals from the Court of First Instance?
What does 'Ratio Decidendi' represent in a court ruling?
What does 'Ratio Decidendi' represent in a court ruling?
Which of the following accurately defines 'Obiter Dicta'?
Which of the following accurately defines 'Obiter Dicta'?
What is the primary purpose of the Doctrine of Precedent?
What is the primary purpose of the Doctrine of Precedent?
In which case did the court rule that solicitors owe a duty to exercise skill in advising clients?
In which case did the court rule that solicitors owe a duty to exercise skill in advising clients?
What distinguishes vertical stare decisis from horizontal stare decisis?
What distinguishes vertical stare decisis from horizontal stare decisis?
What is one requirement for the Court of Appeal to grant leave to appeal in civil matters?
What is one requirement for the Court of Appeal to grant leave to appeal in civil matters?
Which statement accurately reflects the role of the Court of Final Appeal in Hong Kong?
Which statement accurately reflects the role of the Court of Final Appeal in Hong Kong?
Flashcards
What happened after the Norman Conquest of England?
What happened after the Norman Conquest of England?
William the Conqueror invaded England in 1066, defeated Harold Godwinson, and was crowned King. He introduced feudalism and the King's Court, which evolved into the foundation of English common law.
Feudalism
Feudalism
A social system in medieval Europe where the King granted land to his vassals in exchange for military service. These vassals, in turn, could grant parts of their land to others, creating a hierarchical system.
King's Court (Curia Regis)
King's Court (Curia Regis)
The King's council and household, which traveled with the King. It served as a court for tenants in chief and established precedent for the development of common law.
Jury
Jury
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Ordeals
Ordeals
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Outlawry
Outlawry
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Writs
Writs
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How did the King's Court influence English law?
How did the King's Court influence English law?
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Justiciars
Justiciars
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Stare Decisis
Stare Decisis
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Common Law of England
Common Law of England
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Magna Carta
Magna Carta
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Rule of Law
Rule of Law
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Rule of Men
Rule of Men
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Inner Morality of Law
Inner Morality of Law
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Fuller's 8 Elements of Law
Fuller's 8 Elements of Law
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Statute Law
Statute Law
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Court of Common Pleas
Court of Common Pleas
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Court of King's Bench
Court of King's Bench
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Court of Exchequer
Court of Exchequer
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Equity
Equity
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Court of Chancery
Court of Chancery
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Specific Performance
Specific Performance
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Injunction
Injunction
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Recession
Recession
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Rectification
Rectification
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Account of Profit
Account of Profit
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Maxims of Equity
Maxims of Equity
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Equity Will Not Suffer a Wrong to be Without a Remedy
Equity Will Not Suffer a Wrong to be Without a Remedy
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Code of Hammurabi
Code of Hammurabi
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Jus Civile
Jus Civile
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The Twelve Tables
The Twelve Tables
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Roman Jurists
Roman Jurists
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Praetor
Praetor
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Praetor's Edicts
Praetor's Edicts
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Common Law
Common Law
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Civil Law
Civil Law
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Codified Laws
Codified Laws
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Precedents
Precedents
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What were Jurists?
What were Jurists?
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What was the Edict?
What was the Edict?
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What is Jus Gentium?
What is Jus Gentium?
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What were Responsa?
What were Responsa?
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What's the value of judges' decisions in Roman Law?
What's the value of judges' decisions in Roman Law?
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Why were Jurists important in Roman Law?
Why were Jurists important in Roman Law?
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What were treatises?
What were treatises?
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How did the Edict evolve over time?
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Study Notes
Topic 1: Introduction to Common Law
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The Norman Conquest of England (1066) brought about significant changes in England's legal system. Before the Conquest, there was no unified legal system; instead, oral customary rules and local courts governed different regions. Examples of local customs included informal public assemblies to settle disputes (like trial by ordeal).
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Feudalism, a social system in medieval Europe, was introduced after the Norman Conquest. The King allocated land to his nobles (tenants in chief) in exchange for military support (knights). This created a hierarchical system.
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Anglo-Saxon legal practices like juries and ordeals (trial by physical test, like fire or water, or trial by combat) continued to some extent. Eventually, the jury system evolved, shifting from local neighbors to randomly chosen individuals.
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Outlawry was a common legal practice that removed an individual (typically for non-appearance in court or failure of an ordeal) from legal protection, allowing anyone to kill them without penalty.
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Writs, written orders from the King, became increasingly important. Kings' courts (Curia Regis) traveled with the king, primarily handling cases involving tenants-in-chief.
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Royal judges (Justiciars) were sent throughout England to apply common law, limiting the power of the courts by requiring them to follow precedents set by the King or the King's Court. This principle of stare decisis (precedent) eventually led to a stable common law of England, common to all parts of the land.
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The use of juries in legal proceedings increased. The judge focuses on applying the decided law, and the jury determines the case's facts.
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King Henry II further developed the writ system by allowing private individuals to purchase writs for specific types of complaints (debt, covenant, right of property- related disputes etc.), facilitating access to justice.
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The Magna Carta (1215), signed by King John, was a crucial document that emphasized the rule of law, wherein everyone is subject to the same law, and the government is accountable (not above the law).
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The development of different royal courts evolved to strengthen justice, including the Court of Common Pleas for private disputes, the Court of King's Bench for criminal and King-related matters, and the Court of Exchequer for financial matters. These courts ultimately led to the High Court.
Topic 2: Common Law vs. Civil Law
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The Code of Hammurabi is one of the oldest known codified legal systems, characterized by its harsh “if…then…” structure.
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Civil law originated from Roman law. Jus civile was the civil law of the Roman Republic and Empire.
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Roman law underwent development through the Twelve Tables, a codification of laws intended to reduce class bias in resolving disputes between higher and lower-ranked citizens.
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Roman jurists, legal experts independent of government, provided counsel and drafted the praetor's edict, the primary source of private law. Their responsa (opinions) furthered a comprehensive jurisprudence.
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A primary difference between common law and civil law systems is codification: Common law is largely uncodified, while civil law is codified with detailed legal codes.
Topic 3: Hong Kong Legal System
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Hong Kong's legal system is a complex hybrid due to its British colonial history and subsequent return to Chinese sovereignty in 1997.
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British occupation of Hong Kong (starting in 1841) began after the First Opium War, resulting in a mix of British and Chinese legal traditions. Early proclamations aimed to create a binary legal system, acknowledging Chinese customs but applying British law in most cases.
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Treaties of Nanking (1842), Beijing (1860), and Peking (1898) determined the areas of Hong Kong transferred from China to the British. British law applied with exceptions for Chinese law/customs.
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Key constitutional mechanisms (Letters Patent & Instructions) were introduced to formally establish the governor’s authority in managing the legal system.
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The Supreme Court of Hong Kong was established in 1844, marking the official introduction of the British legal system. The court faced challenges in practice due to language barriers and limited resources. Notable early cases were the murder trial and the poisoned bread case, showcasing the tension between establishing fairness and efficiency.
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The Sino-British Joint Declaration of 1984 outlined Hong Kong’s transition to a Special Administrative Region of China, with a “one country, two systems” framework. This declaration detailed the handover timeline, outlining the continued application of much of Hong Kong's existing legal system. The Basic Law (a mini-constitution) was to prescribe the rules of HK.
Topic 4: Sources of Law
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The Basic Law is Hong Kong's mini-constitution, outlining the region's governance, rights, and relationship with mainland China, and is paramount in the HKSAR legal system. It was enacted in 1990, with the first draft being reviewed publicly in the years prior.
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The Basic Law clarifies the “one country, two systems” framework that separates Hong Kong’s governing system in policy and practice from the mainland, defining a limited set of exceptions in foreign affairs and national defense.
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Laws previously in force in Hong Kong (common law, equity, ordinances, subordinate legislation, customary law), continue to apply unless inconsistent with the Basic Law or amended locally.
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The Standing Committee of the National People's Congress (NPCSC) holds the power to interpret the Basic Law, with its interpretations being binding on Hong Kong courts.
Topic 5A: The Court System
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The Hong Kong court system, shaped by the Basic Law, remains a hybrid integrating aspects of the British and Chinese systems. Prior and post-handover, the courts maintain the function of settling disputes, determining rights, and applying justice in criminal and civil matters.
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Superior courts (Court of Final Appeal, Court of Appeal, Court of First Instance, Competition Tribunal) have inherent, supervisory powers, while inferior courts (District, Magistrates', Small claims, Labor, and Lands Tribunals) handle cases with varying jurisdiction.
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Specific courts, like the Magistrates' Courts, play a crucial role in starting many criminal cases and dealing with less severe offences.
Topic 5B: The Doctrine of Precedent
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The doctrine of precedent ensures continuity in judicial decisions by requiring lower courts to follow the decisions of higher courts. The principle of stare decisis (precedent) is maintained, with distinctions between ratio decidendi (binding legal principle) and obiter dicta (non-binding remarks).
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Courts may avoid applying precedents in conflicting or ambiguous cases..
Topic 6A: Process of Legislation
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Hong Kong's legislative process, governed by the Basic Law, involves a formal process for enacting laws, with a significant role for the Legislative Council (LegCo).
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Bills, either initiated by the government or individual members, go through several stages, including public consultations. Primary legislation involves ordinances passed by LegCo, while secondary legislation involves delegated lawmaking.
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Test your knowledge about the evolution of the English legal system, focusing on key concepts such as justiciars, the principle of stare decisis, and the significance of the Magna Carta. Explore the role of early chancellors, juries, and the impact of Henry II's changes to writs. This quiz will help you understand significant historical legal principles and their implications.
