Which of the following describes a principle difference between common law and civil law systems?

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Question 1

What kind of "system" does England and Wales operate under?

a) A civil law system

b) A common law system

c) An equitable system

d) None of the options given are correct

Question 2

Which of the following statements best describes the function of a legal system?

a) Protection of individual rights and liberties

b) Maintenance of public order

c) Conferral of obligations

d) All of the options given are correct

Question 3

Which of the following statements best describes a "legal personality"?

a) Natural persons only

b) Artificial persons only

c) Both natural and artificial persons

d) None of the options given are correct

Question 4

What is the difference between private law and public law?

a) Private law refers to the relationship between individual citizens. Public law refers to the relationship between individual citizens and the state.

b) Public law refers to the relationship between individual citizens. Private law refers to the relationship between individual citizens and the state.

c) Private law relates to crimes committed inside the home. Public law relates to crimes committed in public places.

d) Private law relates to court hearings conducted in private. Public law relates to court hearings conducted in public.

Question 5

What is the difference between an adversarial and inquisitorial approach to the legal system?

a) An adversarial system is based on a contest between the parties with the judge regulating the conduct of the parties. An inquisitorial approach concerns an investigation undertaken by the court with the parties ensuring the correct procedure is followed.

b) An inquisitorial system is based on a contest between the parties with the judge regulating the conduct of the parties. An adversarial approach concerns an investigation undertaken by the court with the parties ensuring the correct procedure is followed.

c) An adversarial approach is used in criminal cases whereas an inquisitorial approach is used in civil cases.

d) An inquisitorial approach is used in criminal cases whereas an adversarial approach is used in civil cases.

Question 6

Which of the following is the correct statement of law?

a) The law of the United Kingdom

b) The law of England and Wales

c) The law of England, Wales and Northern Ireland

d) The law of England and Scotland

Question 7

What was the effect of the Scotland Act 1998?

a) It legally renamed the Scottish Executive to the Scottish Government

b) Allowed Scotland to set their own income tax rates

c) Established the Scottish Parliament

d) None of the options given are correct

Question 8

Which of the following is the most accurate description for the Rule of Law?

a) An idealistic concept of how the legal system should function to further civilized society

b) The law must be made up of strict rules with punishment for breach of those rules

c) A rule made by Parliament

d) Guidance on how rules should be applied

Question 9

Which of the following accurately reflects the distinction between substantive and procedural law?

a) Substantive law reflects the rules on procedure and evidence. Procedural law reflects the elements or conditions for the law to apply

b) Procedural law reflects the rules on procedure and evidence. Substantive law reflects the elements or conditions for the law to apply

c) Substantive law and procedural law are synonymous

d) None of the options given are correct

Question 10

Which of the following is the most accurate description of civil law?

a) Civil law is an aspect of public law

b) Civil law relates to controlling conduct or wrong-doing of which it disapproves

c) Civil law relates to the enforcement of particular forms of behaviour

d) Civil law is a form of private law and involves the relationships between individuals

 

Which of the following describes a principal difference between common law and civil law systems?

The main difference between the two systems is that in common law countries, case law — in the form of published judicial opinions — is of primary importance, whereas in civil law systems, codified statutes predominate.

What is the difference between civil law and common law system?

Civil law is founded on the idea of separation of powers, which states that the job of the legislature is to legislate, while the role of the courts is to implement the law. In common law, on the other hand, the courts are tasked with establishing the law.

Which of the following is a difference between common law and code law quizlet?

Common law is based on an all-inclusive system of written rules of law, whereas code law is based on tradition, past practices, and legal precedents. In the context of performance of a contract, code law extends acts of God to include include unforeseeable human acts, whereas common law does not.