Common Law

Description: Test your knowledge about Common Law, a legal system based on precedent rather than statutes.
Number of Questions: 15
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Tags: law legal systems common law
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What is the primary source of law in a common law system?

  1. Statutes

  2. Judicial Precedents

  3. Legal Codes

  4. Customary Practices


Correct Option: B
Explanation:

In a common law system, judges' decisions in past cases (judicial precedents) serve as the primary source of law, guiding future legal decisions.

Which legal principle establishes that a lower court must follow the decisions of a higher court?

  1. Stare Decisis

  2. Res Judicata

  3. Habeas Corpus

  4. Eminent Domain


Correct Option: A
Explanation:

Stare decisis is the legal principle that lower courts must follow the decisions of higher courts, ensuring consistency and predictability in the law.

In a common law system, what is the role of judges?

  1. To interpret and apply the law

  2. To create new laws

  3. To enforce the law

  4. To overturn judicial precedents


Correct Option: A
Explanation:

In a common law system, judges' primary role is to interpret and apply existing laws to specific cases, rather than creating new laws.

What is the term used to describe the process of overturning a judicial precedent?

  1. Reversal

  2. Overruling

  3. Vacating

  4. Remanding


Correct Option: B
Explanation:

Overruling is the process by which a higher court declares a previous judicial precedent to be no longer valid, effectively changing the law.

What is the legal principle that prevents a person from being tried for the same crime twice?

  1. Double Jeopardy

  2. Ex Post Facto

  3. Habeas Corpus

  4. Eminent Domain


Correct Option: A
Explanation:

Double jeopardy is the legal principle that protects individuals from being tried for the same crime twice, ensuring that they are not punished multiple times for the same offense.

Which legal doctrine allows a court to review the constitutionality of a law?

  1. Judicial Review

  2. Habeas Corpus

  3. Eminent Domain

  4. Statutory Interpretation


Correct Option: A
Explanation:

Judicial review is the power of a court to examine a law and determine whether it violates the constitution, ensuring that laws comply with the fundamental principles of the legal system.

What is the legal principle that allows the government to take private property for public use?

  1. Eminent Domain

  2. Habeas Corpus

  3. Double Jeopardy

  4. Statutory Interpretation


Correct Option: A
Explanation:

Eminent domain is the legal principle that allows the government to take private property for public use, provided that just compensation is paid to the property owner.

In a common law system, what is the primary function of statutes?

  1. To create new laws

  2. To interpret existing laws

  3. To enforce the law

  4. To overturn judicial precedents


Correct Option: A
Explanation:

In a common law system, statutes are primarily used to create new laws or modify existing ones, while judicial precedents guide the interpretation and application of those laws.

Which legal principle ensures that laws are applied fairly and consistently?

  1. Equal Protection

  2. Due Process

  3. Habeas Corpus

  4. Statutory Interpretation


Correct Option: A
Explanation:

Equal protection is the legal principle that all individuals are entitled to equal protection under the law, ensuring that laws are applied fairly and consistently to all.

What is the legal doctrine that allows a court to issue an order requiring a person to be brought before the court?

  1. Habeas Corpus

  2. Eminent Domain

  3. Double Jeopardy

  4. Judicial Review


Correct Option: A
Explanation:

Habeas corpus is the legal doctrine that allows a court to issue an order requiring a person to be brought before the court, ensuring that individuals are not unlawfully detained.

Which legal principle ensures that individuals are not deprived of life, liberty, or property without due process of law?

  1. Due Process

  2. Equal Protection

  3. Habeas Corpus

  4. Eminent Domain


Correct Option: A
Explanation:

Due process is the legal principle that ensures that individuals are not deprived of life, liberty, or property without following fair and reasonable legal procedures.

What is the term used to describe the process of interpreting and applying statutes?

  1. Statutory Interpretation

  2. Judicial Review

  3. Habeas Corpus

  4. Eminent Domain


Correct Option: A
Explanation:

Statutory interpretation is the process of interpreting and applying statutes, ensuring that they are applied in a consistent and fair manner.

In a common law system, what is the role of legal codes?

  1. To provide a comprehensive set of laws

  2. To interpret existing laws

  3. To enforce the law

  4. To overturn judicial precedents


Correct Option: A
Explanation:

In some common law systems, legal codes provide a comprehensive set of laws that cover various areas of law, such as criminal law, contract law, and property law.

Which legal principle allows a court to dismiss a case due to insufficient evidence?

  1. Directed Verdict

  2. Summary Judgment

  3. Habeas Corpus

  4. Eminent Domain


Correct Option: A
Explanation:

Directed verdict is the legal principle that allows a court to dismiss a case due to insufficient evidence, preventing the case from going to trial.

What is the term used to describe the process of appealing a court decision to a higher court?

  1. Appeal

  2. Remand

  3. Habeas Corpus

  4. Eminent Domain


Correct Option: A
Explanation:

Appeal is the process of challenging a court decision by bringing it to a higher court for review, seeking to overturn or modify the original decision.

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