Q.1 What is the primary source of law in common law systems?
Legislation
Judicial decisions
Customs
International treaties
Explanation - Common law systems rely heavily on precedents established by court decisions, unlike civil law systems that prioritize statutes.
Correct answer is: Judicial decisions
Q.2 Which country is often regarded as the origin of common law?
France
United States
England
Germany
Explanation - Common law developed in medieval England and spread to countries once under British rule.
Correct answer is: England
Q.3 In common law, what does the term 'stare decisis' mean?
To legislate new rules
To stand by decided cases
To ignore precedent
To codify all laws
Explanation - Stare decisis is the doctrine that courts should follow principles established in previous decisions.
Correct answer is: To stand by decided cases
Q.4 Which of the following is an example of a common law country?
Japan
India
Brazil
France
Explanation - India inherited the common law tradition from British colonial rule.
Correct answer is: India
Q.5 What role do judges play in a common law system?
They only interpret statutes
They create binding precedents
They make laws without any restriction
They cannot influence law
Explanation - Judges in common law systems shape the law through their rulings, which become precedents.
Correct answer is: They create binding precedents
Q.6 Which legal system contrasts most directly with common law?
Civil law
Customary law
Religious law
International law
Explanation - Civil law systems, like those in continental Europe, rely on codified statutes rather than case precedents.
Correct answer is: Civil law
Q.7 What is a precedent?
A new law created by Parliament
A past judicial decision used to guide future cases
A constitutional amendment
A legal custom
Explanation - Precedents are past court rulings that serve as a guide in deciding similar cases in the future.
Correct answer is: A past judicial decision used to guide future cases
Q.8 In common law, higher court decisions are binding on:
Lower courts
Parliament
Citizens only
No one
Explanation - The principle of stare decisis ensures that lower courts must follow the rulings of higher courts.
Correct answer is: Lower courts
Q.9 Which of the following courts is the highest authority in the UK for common law matters?
High Court
Crown Court
Supreme Court
Court of Appeal
Explanation - The UK Supreme Court is the final court of appeal in the United Kingdom for civil and criminal cases.
Correct answer is: Supreme Court
Q.10 Common law is often described as:
Codified law
Judge-made law
Religious law
International law
Explanation - Because judicial decisions play a major role in shaping common law, it is often called judge-made law.
Correct answer is: Judge-made law
Q.11 Which of the following legal systems is most influenced by common law?
Canada
Spain
China
Italy
Explanation - Canada follows the common law system, except Quebec which has a civil law system for private matters.
Correct answer is: Canada
Q.12 What does 'ratio decidendi' refer to in common law?
Obiter dicta
The binding reason for a decision
Judicial mistakes
Statutory interpretation
Explanation - Ratio decidendi is the legal principle derived from a case that must be followed in future cases.
Correct answer is: The binding reason for a decision
Q.13 What is 'obiter dicta' in common law?
The binding part of a judgment
A judge’s incidental remark not binding
A new statute
A type of precedent
Explanation - Obiter dicta are comments made by a judge that are persuasive but not binding.
Correct answer is: A judge’s incidental remark not binding
Q.14 The principle of precedent in common law promotes:
Flexibility
Consistency
Irrelevance
Unpredictability
Explanation - Precedent ensures that similar cases are decided in similar ways, promoting stability and fairness.
Correct answer is: Consistency
Q.15 Which of these legal traditions has influenced both common law and civil law?
Roman law
Chinese law
Hindu law
Islamic law
Explanation - Roman law has influenced legal systems worldwide, including both civil and common law traditions.
Correct answer is: Roman law
Q.16 What happens when there is no precedent available in common law?
The judge cannot decide
The case is dismissed
The judge may create new law through decision
It goes to Parliament automatically
Explanation - In novel cases, judges can establish new principles which then become precedent.
Correct answer is: The judge may create new law through decision
Q.17 Which of the following is NOT a feature of common law?
Reliance on precedent
Codification of all rules
Judge-made principles
Adversarial system
Explanation - Unlike civil law, common law is not fully codified; it develops case by case.
Correct answer is: Codification of all rules
Q.18 What is the adversarial system in common law?
Judges actively investigate cases
Parties present their case and judge decides
Lawyers are absent
Only written arguments are considered
Explanation - In the adversarial system, opposing parties argue their case while the judge ensures fairness and decides.
Correct answer is: Parties present their case and judge decides
Q.19 In the United States, common law is combined with:
Religious law
Civil law
Statutory law
International law
Explanation - The US legal system blends common law traditions with statutory law created by legislatures.
Correct answer is: Statutory law
Q.20 Which type of precedent is NOT binding but may influence decisions?
Binding precedent
Persuasive precedent
Statutory precedent
Codified precedent
Explanation - Persuasive precedents, like those from other jurisdictions, are not binding but can guide decisions.
Correct answer is: Persuasive precedent
Q.21 Which institution in the UK creates statutes that can override common law?
The Judiciary
Parliament
The Monarchy
The Police
Explanation - Parliamentary sovereignty allows statutes to override common law principles.
Correct answer is: Parliament
Q.22 Which legal professional primarily argues cases in court in common law systems?
Barrister
Solicitor
Clerk
Magistrate
Explanation - Barristers in common law countries like the UK specialize in courtroom advocacy.
Correct answer is: Barrister
Q.23 Which principle ensures that judges interpret the law consistently with past rulings?
Judicial review
Stare decisis
Parliamentary sovereignty
Natural justice
Explanation - Stare decisis obliges judges to follow legal precedents to maintain consistency.
Correct answer is: Stare decisis
Q.24 Which of the following is an advantage of the common law system?
Flexibility to adapt through case law
Complete codification of laws
No role of judges
Reliance only on customs
Explanation - Common law adapts to new situations through judicial rulings, making it flexible.
Correct answer is: Flexibility to adapt through case law
Q.25 Which doctrine gives judges the power to declare legislation unconstitutional in the US?
Stare decisis
Judicial review
Supremacy clause
Due process
Explanation - Judicial review allows courts to invalidate laws that conflict with the constitution.
Correct answer is: Judicial review