The term 'common law' has three different meanings. Which of the following is NOT a meaning of the term 'common law'?Question 8AnswerA.The body of law as made by judges through the determination of cases.B.A legal system that is based on that of England.C.Laws created by Parliament.D.The system of law that emerged following the Norman Conquest in 1066.
Question
The term 'common law' has three different meanings. Which of the following is NOT a meaning of the term 'common law'?Question 8AnswerA.The body of law as made by judges through the determination of cases.B.A legal system that is based on that of England.C.Laws created by Parliament.D.The system of law that emerged following the Norman Conquest in 1066.
Solution
The answer is C. Laws created by Parliament. This is not a meaning of the term 'common law'. Common law is a body of unwritten laws based on legal precedents established by the courts, not laws created by Parliament.
Similar Questions
Which one of the following is the best answer with regard to how the “common law” could be understood to mean?Question 7Answera.All of these are correct.b.In terms of the development of law through the English courts, “common law” could be taken to be the law developed by, for example the Court of King’s Bench, which is distinguished from Equity which was developed by the Court of Chancery.c.“Common law” could be taken to mean the law developed by judges through judgments, in contrast to statute law that is passed by Parliament.d.The “common law” system could be taken to mean the system of law that is distinct from the Western European “civil law” system.e.Neither of these is correct.
Common law:Group of answer choiceswas set forth in well-documented codes.was based on customs and traditions followed throughout England.applied to the common people, not to those in the upper echelon of society.was established by early English and Roman rulers.
The common law is made by:Question 5Answera.The common members of society, who are entitled to vote at an election.b.Judges, through the decisions they make in court.c.The parliament of each of the States of Australia.d.Exclusively by the High Court of Australia.
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
In essay form explain how new common law is created
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