Q.1 What is customary law primarily based on?
Written statutes enacted by parliament
Traditional practices and societal norms
Decisions of modern courts
International treaties
Explanation - Customary law derives from long-established practices, traditions, and norms accepted by a particular community.
Correct answer is: Traditional practices and societal norms
Q.2 Which of the following is a characteristic feature of customary law?
It is codified in legal books
It evolves with societal changes
It is identical in all countries
It applies only to commercial transactions
Explanation - Customary law is dynamic and changes gradually as the practices and beliefs of a society evolve.
Correct answer is: It evolves with societal changes
Q.3 Which communities are most likely to rely on customary law?
Urban industrial societies
Rural and indigenous communities
International corporations
Modern democracies exclusively
Explanation - Customary law is often followed in rural or indigenous societies where traditional norms play a central role in regulating social conduct.
Correct answer is: Rural and indigenous communities
Q.4 How is customary law usually enforced?
Through state courts only
Through community elders or local leaders
Through international tribunals
Through the police exclusively
Explanation - Enforcement of customary law often occurs through community mechanisms, where elders or leaders resolve disputes based on traditions.
Correct answer is: Through community elders or local leaders
Q.5 Which of these is NOT a source of customary law?
Long-standing social practices
Religious beliefs of a community
Written legislation
Judicial recognition of customs
Explanation - Customary law originates from traditions and practices rather than formal legislative enactments.
Correct answer is: Written legislation
Q.6 The term ‘usages’ in customary law refers to:
Formal written contracts
Long-established practices accepted as binding
Judicial rulings in international courts
Government notifications
Explanation - In customary law, ‘usages’ are customary practices recognized as obligatory by a community.
Correct answer is: Long-established practices accepted as binding
Q.7 Which statement about customary law is correct?
It remains static over centuries
It is universally applicable
It is flexible and adapts to society
It only governs property disputes
Explanation - Customary law adapts over time to accommodate changes in societal norms and expectations.
Correct answer is: It is flexible and adapts to society
Q.8 When a customary law contradicts statutory law, which usually prevails?
Customary law
Statutory law
International law
Community preference
Explanation - In most legal systems, statutory law enacted by the state takes precedence over customary practices when conflicts arise.
Correct answer is: Statutory law
Q.9 Which area of law commonly integrates customary law?
Family and inheritance law
Corporate taxation
Criminal procedure in cities
International trade law
Explanation - Customary law often plays a major role in personal matters like marriage, divorce, and inheritance in various communities.
Correct answer is: Family and inheritance law
Q.10 Which legal system is most likely to recognize customary law formally?
Civil law systems
Common law systems
Mixed legal systems
International criminal law
Explanation - Mixed legal systems, such as those in Africa or South Asia, often recognize both statutory and customary law.
Correct answer is: Mixed legal systems
Q.11 Which of these is a limitation of customary law?
It is not flexible
It may be discriminatory
It is codified and rigid
It applies globally
Explanation - Some customary practices may conflict with modern human rights standards, e.g., gender discrimination in inheritance.
Correct answer is: It may be discriminatory
Q.12 How do courts typically validate customary law?
By checking if it is written
By verifying if it is long-established and generally accepted
By consulting international law
By applying statutory codes
Explanation - Courts recognize customary law if it is consistently practiced and accepted as binding by the community.
Correct answer is: By verifying if it is long-established and generally accepted
Q.13 The term 'custom' in customary law means:
A legal rule written by the government
A habitual practice accepted as law
A judicial precedent
A commercial agreement
Explanation - A custom becomes a part of law when the community regards it as binding over time.
Correct answer is: A habitual practice accepted as law
Q.14 Customary law is most often unwritten. What is its main implication?
It is easy to enforce nationally
Its application depends on community knowledge and consensus
It cannot influence modern law
It is identical in all regions
Explanation - Unwritten customary law relies on the community’s understanding and acceptance rather than written statutes.
Correct answer is: Its application depends on community knowledge and consensus
Q.15 In which situation might customary law be overridden?
When it conflicts with statutory law or fundamental rights
When it is followed by the majority
When elders enforce it
When it has existed for centuries
Explanation - Customary law cannot violate fundamental rights or statutory provisions enacted by the state.
Correct answer is: When it conflicts with statutory law or fundamental rights
Q.16 Which of the following best describes the role of customary law today?
It has no relevance in modern legal systems
It complements statutory law in certain communities
It fully replaces national law
It is limited to international law
Explanation - Customary law continues to operate alongside statutory law, especially in matters like family, property, and social obligations.
Correct answer is: It complements statutory law in certain communities
Q.17 How does customary law develop?
Through legislative enactments
Through repeated and accepted practices over generations
Through government notifications
Through international agreements
Explanation - Customary law emerges gradually as practices are followed consistently and regarded as binding by the community.
Correct answer is: Through repeated and accepted practices over generations
Q.18 Which type of dispute is most commonly settled by customary law?
Community land disputes
Corporate mergers
International trade disagreements
Intellectual property issues
Explanation - Customary law is often used in disputes related to land, inheritance, and family matters within communities.
Correct answer is: Community land disputes
Q.19 Why is customary law considered unwritten law?
Because it is not enforced
Because it is based on long-standing traditions rather than written statutes
Because courts refuse to recognize it
Because it only applies to criminals
Explanation - Customary law is often passed orally or through practice and is not formally codified.
Correct answer is: Because it is based on long-standing traditions rather than written statutes
Q.20 In which legal area is the conflict between customary law and statutory law most visible?
Human rights and inheritance
Corporate taxation
Maritime law
International treaties
Explanation - Some customary practices may conflict with modern human rights laws, particularly regarding gender equality and inheritance.
Correct answer is: Human rights and inheritance
Q.21 Which is a requirement for a custom to be recognized as law by courts?
It must be written in legal codes
It must be long-standing and generally accepted
It must be approved by parliament
It must apply to all countries
Explanation - Courts recognize customs as law if they have been consistently practiced and accepted as binding within the community.
Correct answer is: It must be long-standing and generally accepted
Q.22 Customary law is often challenged by which modern legal principle?
Fundamental rights
Elder authority
Community consensus
Oral traditions
Explanation - Certain customary practices may violate fundamental rights guaranteed by the constitution, such as gender equality.
Correct answer is: Fundamental rights
Q.23 Why do some countries maintain customary law alongside statutory law?
To respect cultural diversity and local practices
Because it replaces statutory law
To avoid codifying laws
Because it applies only to foreigners
Explanation - Maintaining customary law ensures that legal systems remain sensitive to traditional practices and community norms.
Correct answer is: To respect cultural diversity and local practices
Q.24 Which factor is critical for a customary law to survive over time?
Government enforcement
Community recognition and practice
International treaties
Judicial codification
Explanation - The continued practice and acceptance by the community ensure the survival of customary law.
Correct answer is: Community recognition and practice
Q.25 Which statement about the relationship between customary law and culture is correct?
Customary law is independent of culture
Customary law reflects the cultural values of a community
Culture only affects statutory law
Customary law is always written
Explanation - Customary law is deeply rooted in the traditions, beliefs, and cultural practices of a society.
Correct answer is: Customary law reflects the cultural values of a community