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Question What is the relationship between state law and customary law Propose subject matters for the recognition by customary law (present reasons why you make those proposals) Inductive (Quy nạp) or Deductive (Diễn dịch) Taking a person’s life is always wrong Capital punishment involves taking a person’s life Therefore, capital punishment is always wrong → Vì general to particular nên deductive The right to self determination of minority peoples is a core part of international law Therefore, if a majority of Aboriginal Australians vote for self-government, they must be allowed to so → Vì general to particular nên deductive Six in ten children who are allowed to drink at home with their parents become alcoholics later in life Therefore, attitudes towards drinking are formed by others near to us → Inductive Every human being has rights John is a human being, therefore, John has rights → Deductive Every time Mr Jones has taught Contract Law, students have achieved good results on the exam This semester, Mr Jones is teaching Contract Law Therefore, students will go well in the exam → Inductive A's oral contract for sale of land was invalid in Case A B's oral contract for sale of land was invalid in Case B C's oral contract for sale of land was invalid in Case C Therefore, all oral contracts for the sale of land are invalid → Inductive Red cars go fast Jenny's car is red Therefore, Jenny's car goes fast Inductive We all have the right to equal treatment under the law Therefore, Jane and Mary should be able to adopt a child, just as John and Mary are able to → Deductive True or False a b c d e House of lords is currently the supreme court the English judicial system (F) Equity law was born for replacing Common Law (F) Equity law is an independent part in the English legal system (T) Equity law was born for supporting Common law (T) Precedents express to be a source of law with a characteristic of democracy (F) f In the English legal system, both Equity law and Common law are formed from local custome (F) g A judicial precedent starts its legal validity when it is given by an authority court (T) Multiple choice questions What is the ratio decidendi? a The main point of the case b The reason for the decision c The part of a case that can be used as a precedent d All of the above What is the ratio decidendi of a case? a The opening paragraph of a case b The legal reasoning of a case c The facts of a case d The legal representatives in a case Which of the following is obiter dicta? a The defendant was negligent as he failed to stop at the stop sign b If the defendant’s brakes had failed, then there would be no negligence c Both og the above d Neither of the above In what circumstances will a superior court depart from its own previous decision? a When the previous decision was wrong b When social circumstances have changed to such an extent that the precedent no longer applies c When the previous decision was made in ignorance of binding authority d All of the above A judge who sees his or her role as being to apply the law, even if that created injustice in a particular case is a a Judicial activist b Judicial formalist c Either of the above d Neither of the above In a appeal case with judges sitting, if judges agree and write judgement between them, this is a a Unanimous decision b Dissenting opinion c Majority judgement d Minority judgement If a superior court considered a previous case, and decided not to apply the precedent because it was wrongly decided, we would say that the previous case has been a Applied b Distinguished c Overruled d Considered If a case goed on appeal and the appellant wins, we would say: a The appeal was dismissed and the decision upheld b The appeal was dismissed and the decision reversed c The appeal was allowed and the decision upheld d The appeal is allowed and the decision is reversed If a court considered a precedent and decided its facts were different so it was not applicable, the precedent has been a Cited b Considered c Distinguished d Overruled 10 In order for something to be “law”, it must: a Make sense b Be created by a legislature c Be obeyed d Have the approval of the citizens 11 The principle that judges must rule in accordance with earlier rulings is a Ajudication b Precedent c Rule of law d Social control 12 Customary law can be found in a series of formal criminal codes a True b False 13 What best describes customary law? a Laws decided by judges b Laws that have their basis in long continued practice c Laws decided by Parliament d Laws passed down by local councils 14 What is the system of law developed by judges in deciding cases over the centuries? a Judicial law b Public law c Customary law d Common law 15 The plaintiff is a The party that is sued b The party that brings the action c The party that argues the case d The party that decides the case 16 If you conducted research to find legal precedent you would be looking for a Case law b Statutes c Industry standard d Administrative regulations 17 Which of these statements most accurately describes the English legal system? a It is a common law system b It is a civil law system c It is neither a common law nor a civil law system d It is an equitable system 18 Which of these statements best describes the function of a legal system a It establishes and maintains social order b It is a formal mechanism of establishing social control c It has no effect on society as a whole d Both a and b 19 What is meant by the “common law” as a source of law? a Law deriving from Parliament b Law deriving from cases c The body of law which emerged from the courts of chancery d Law deriving from the Commonwealths countries 20 Statue law refers to a Law created by Parliament in the form of legislation b Law deriving from cases c Law created by judges d Law in general 21 What is meant by the term “civil law” a Civil law is an aspect of public law b Civil law re lated to controlling conduct or wrongdoing of which it disapproves c Civil law is a form of private law and involves the relationships between individuals d Civil law relates to the enforcement of particular forms of behaviour 22 To be successful in studying law, a student must a Learn all the legal rules and be able to repeat them b Think carefully about the law and, where appropriate, criticize it c Consider the law in a wider political and social context d Both b and c 23 What is case law? a Law representing the decisions of the courts b Law passed by Parliament c Delegated legislation d Case law is not really law at all 24 What is the doctrine of stare decisis? a The doctrine of Parliamentary sovereignty b The doctrine of royal pardon c The doctrine of statutory interpretation d The doctrine of precedent 25 What does the doctrine of precedent mean? a Judges are ound by statute b Judges must decide the case on the facts c Judges must apply the law set out in relevant decision of previous superior courts and sometimes courts of the same standing d Judges may apply the law set out in relevant decision of previous superior courts and sometimes courts of the same standing 26 Which of the following best describes the meaning of ratio decidendi a A statement of the law applicable to the facts of the particular case which forms the basis of the judge’s decision b The verbatim text of the judgement in a full law report c A rule of evidence whereby a court will assume the existence of a certain state of affairs without the need for proof d The approval by or on behalf of the Crown to a bill which has been passed in both Houses of Parliament 27 Statement made obiter dictum are: a Binding in lower courts as they are principles of law relating to the facts of the case b Binding in courts “at the same level” hearing similar cases c Not binding unless they are made by the European Court of Justice d Not binding at all Exercise: Fact The plaintiff’s complaint alleges that, at a certain time and place, the defendant struck the plaintiff from behind with a stick → It is an allegation of a fact At trial, the plaintiff’s principal witness testified that, at the time and place specified in the complaint, the defendant struck the plaintiff from behind with a stick → It is an evidence offered in proof of the allegation At the conclusion of the trial, the jury found that, at the time and place specified in the complaint, the defendant struck the plaintiff from behind with a stick → It is a conclusion that the evidence proves the allegation At the time and place specified in the complaint, the defendant struck the plaintiff from behind with a stick → It is the fact itself At the time and place sprcified in the complaint, the defendant brutally struck the plaintiff from behind with a stick → Brutally – subjective characterization It is not a fact, it is an opinion about the fact At the time and place specified in the complaint, the defendant accidentally stuck the plaintiff from behind with a stick → A conclusion of fact (it would be a conclusion of law if it were framed in terms the law defines, such as “intention to cause a contract with another person) At the time and place specified in the complaint, the defendant commited a battery stuck the plaintiff from behind with a stick → A conclusion of law Vocabulary exercise A crime is a wrong which is committed against society The wrongdoer is punished: he or she is put in prison or is fined a sum of money A tort, on the other hand, is a wrong which is committed against an individual The injured party can sue the wrongdoer and receive damages from the court Criminal sanctions exist to make society safer and to keep people from committing certain acts Tort remedies exist to make the injured party whole again for the harm which was caused by the wrongdoer A key difference between the two is that a crime requires a criminal intent (mens rea), whereas a tort can result without intent to cause harm on the wrongdoer's part Crimes are tried in the criminal courts An action is brought by a governmental body against the wrongdoer A tort, conversely is resolved in the civil courts; the injured party brings an action against the wrongdoer ... → A conclusion of law Vocabulary exercise A crime is a wrong which is committed against society The wrongdoer is punished: he or she is put in prison or is fined a sum of money A tort, on the... the decision upheld b The appeal was dismissed and the decision reversed c The appeal was allowed and the decision upheld d The appeal is allowed and the decision is reversed If a court considered... allegation At the conclusion of the trial, the jury found that, at the time and place specified in the complaint, the defendant struck the plaintiff from behind with a stick → It is a conclusion that