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Sources of Customary Law

Description: This quiz will test your knowledge on the sources of customary law.
Number of Questions: 10
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Tags: customary law sources of customary law indian law
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What is the primary source of customary law?

  1. Legislation

  2. Judicial Precedent

  3. Custom

  4. Legal Maxims


Correct Option: C
Explanation:

Custom is the primary source of customary law. It refers to the long-standing practices and beliefs that are followed by a particular community or group of people.

What are the three main elements of a valid custom?

  1. Antiquity, Continuity, and Certainty

  2. Reasonableness, Fairness, and Justice

  3. Universality, Consistency, and Clarity

  4. Legality, Morality, and Practicality


Correct Option: A
Explanation:

The three main elements of a valid custom are antiquity (it must have been in existence for a long time), continuity (it must have been consistently followed over time), and certainty (it must be clear and unambiguous).

Which of the following is not a source of customary law?

  1. Judicial Precedent

  2. Legislation

  3. Customary Practices

  4. Legal Maxims


Correct Option: B
Explanation:

Legislation is not a source of customary law. Customary law is based on the customs and practices of a particular community or group of people, while legislation is created by a legislative body.

How does judicial precedent contribute to the development of customary law?

  1. By recognizing and enforcing customs

  2. By creating new customs

  3. By interpreting and clarifying customs

  4. By abolishing customs


Correct Option: A
Explanation:

Judicial precedent contributes to the development of customary law by recognizing and enforcing customs. When a court recognizes and enforces a custom, it gives it legal validity and makes it binding on the parties involved.

What is the role of legal maxims in customary law?

  1. They provide general principles of law

  2. They create new customs

  3. They interpret and clarify customs

  4. They abolish customs


Correct Option: A
Explanation:

Legal maxims provide general principles of law that can be applied to a variety of situations. They help to interpret and clarify customs and can also be used to create new customs.

What is the relationship between customary law and statutory law?

  1. Customary law prevails over statutory law

  2. Statutory law prevails over customary law

  3. They have equal weight

  4. They are mutually exclusive


Correct Option: B
Explanation:

In general, statutory law prevails over customary law. This means that if there is a conflict between a statute and a custom, the statute will take precedence.

Can customary law be changed?

  1. Yes, by legislation

  2. Yes, by judicial precedent

  3. Yes, by both legislation and judicial precedent

  4. No, it cannot be changed


Correct Option: C
Explanation:

Customary law can be changed by both legislation and judicial precedent. Legislation can override customary law, and judicial precedent can interpret and clarify customary law, which can lead to changes in the way it is applied.

What are some of the challenges associated with the application of customary law?

  1. It can be difficult to prove the existence of a custom

  2. It can be difficult to determine the scope and extent of a custom

  3. It can be difficult to reconcile different customs that apply to the same situation

  4. All of the above


Correct Option: D
Explanation:

All of the above are challenges associated with the application of customary law. It can be difficult to prove the existence of a custom, to determine its scope and extent, and to reconcile different customs that apply to the same situation.

What are some of the advantages of customary law?

  1. It is flexible and adaptable

  2. It is based on the customs and practices of a particular community

  3. It is often more efficient and less costly than formal law

  4. All of the above


Correct Option: D
Explanation:

All of the above are advantages of customary law. It is flexible and adaptable, it is based on the customs and practices of a particular community, and it is often more efficient and less costly than formal law.

What is the future of customary law?

  1. It will continue to play an important role in many societies

  2. It will be replaced by formal law

  3. It will become less relevant as societies become more globalized

  4. It is difficult to predict


Correct Option: D
Explanation:

The future of customary law is difficult to predict. It is likely that it will continue to play an important role in many societies, but it is also possible that it will be replaced by formal law or become less relevant as societies become more globalized.

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