Which of the following is NOT a characteristic of a common law system? Group of answer choicesB) Judicial decisions as a source of lawA) Reliance on precedentC) Codified laws and statutesD) Judges interpret laws based on previous cases
Question
Which of the following is NOT a characteristic of a common law system? Group of answer choicesB) Judicial decisions as a source of lawA) Reliance on precedentC) Codified laws and statutesD) Judges interpret laws based on previous cases
Solution
C) Codified laws and statutes is NOT a characteristic of a common law system. In a common law system, laws are created and refined by judges: a decision in a currently pending legal case depends on decisions in previous cases and affects the law to be applied in future cases. This is known as the doctrine of precedent. On the other hand, in civil law systems, comprehensive, continuously updated legal codes that specify which issues can be brought before a court, the procedure for dealing with each issue, and the appropriate punishment are used, which is referred to as codified laws and statutes.
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