Common Law and Civil Law Study Guide Questions And Answers Accurately Solved.
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Module
CIVIL LAW.
Institution
CIVIL LAW.
Common Law - correct answer Law is made through judicial decisions and legislative statutes.
Civil Law - correct answer Law is made through legislation alone.
In which system is 'precedent' an import...
Common Law and Civil Law
Common Law - correct answer Law is made through judicial decisions and
legislative statutes.
Civil Law - correct answer Law is made through legislation alone.
In which system is 'precedent' an important concept? - correct answer
Common law
Why has Canada developed as a "bijural" nation? - correct answer Because it
was colonized by both England and France, which had different legal tradition
Would a common or civil law govern a personal injury case in saskatchewan? - correct answer
Common law, because all provinces other than Quebec follow the common law system for public and
private law.
Would the common or civil las govern a constitutional case in Quebec? - correct answer
Common law, although Quebec generally follows the civil law system, constituional cases are goverened
by the common law in all provinces and territories.
Common law system - New Zealand or Mexico? - correct answer New Zealand,
because it has historical ties to England and remains part of the British common law
Concept of 'stare decisis' and its role in the common law. - correct answer
Courts must respect and apply higher court decisions, particulary when on the same issue and facts.
Supreme court decisions are binding on all lower courts, provincial courts of appeal decisions are
binding for lower provincial courts and so on.
Trial process in a common and civil law. - correct answer Civil law: The role of
the judge is analiysing evidence and questioning witnesses in civil cases is more inquisitorial and active.
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