Podcast
Questions and Answers
Which term refers to the principle that requires lower courts to follow decisions of higher courts?
Which term refers to the principle that requires lower courts to follow decisions of higher courts?
- Obiter Dicta
- Binding Precedent
- Ratio Decidendi
- Stare Decisis (correct)
What is the meaning of the term 'Persuasive Precedent'?
What is the meaning of the term 'Persuasive Precedent'?
- A precedent that the court doesn't have to follow but should take into account (correct)
- A precedent that is binding only in certain cases
- A precedent that is considered irrelevant
- A precedent that must be followed
What is the doctrine that states that parliament is the supreme law maker?
What is the doctrine that states that parliament is the supreme law maker?
- Binding Precedent
- Obiter Dicta
- Ratio Decidendi
- Parliamentary Supremacy (correct)
What are the 'Rules of Equity' primarily concerned with?
What are the 'Rules of Equity' primarily concerned with?
What do we call the 'other things' said in a given court decision?
What do we call the 'other things' said in a given court decision?
Which religious text is the main source of Talmudic law?
Which religious text is the main source of Talmudic law?
What is the main source of Islamic law?
What is the main source of Islamic law?
When did the common law tradition emerge in England?
When did the common law tradition emerge in England?
What is the main source of shari'a law?
What is the main source of shari'a law?
What is the primary method of law creation in the common law system?
What is the primary method of law creation in the common law system?
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Study Notes
Legal Principles and Terms
- The principle requiring lower courts to adhere to decisions made by higher courts is known as Stare Decisis.
- Persuasive Precedent refers to legal decisions from lower courts or courts from different jurisdictions that are not binding but can influence a court's decision.
Legal Doctrines
- The doctrine that asserts the supremacy of parliament in law-making is known as Parliamentary Sovereignty.
- The Rules of Equity focus on fairness and justice in legal proceedings, providing remedies that are not available through common law.
Court Decisions
- The term for "other things" mentioned in a court decision is Obiter Dicta, which includes remarks or opinions made outside the main issue.
Religious Legal Sources
- The main source of Talmudic law is the Talmud, a central text in Rabbinic Judaism.
- The primary source of Islamic law is the Qur'an, supplemented by the Hadith (sayings and actions of Prophet Muhammad).
Historical Context
- The common law tradition originated in England during the 12th century, evolving from judicial decisions rather than statutory laws.
- The main source of Shari'a law encompasses the Qur'an, Hadith, consensus (Ijma), and analogy (Qiyas).
Law Creation Methods
- Case law is the primary method of law creation in the common law system, where judicial decisions shape legal principles over time.
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