LEG 100 QUESTIONS AND VERIFIED ANSWERS
Define Law - Answers - Law a system designed to define order and be applicable in
dispute resolution.
What is Positivism? - Answers - The belief that knowledge should be derived from
scientific observation.
What is the distinction made in Positivism regarding law? - Answers - The distinction
between morality (what ought to be done) and law (what is).
Formalism - Answers - Strict observance of the established rules, traditions, and
methods employed in Law.
Substantive Law - Answers - Law that defines, describes, regulates, and creates legal
rights and obligations.
Procedural Law - Answers - Law that establishes the methods of enforcing the rights
established by substantive law.
Difference between substantive and procedural law - Answers - substantive law is the
what and procedural law is the how
What is the first rule of law defined by A V Dicey? - Answers - "No man punishable or
lawfully made to suffer in body or goods except for a distinct breach of law established
in the ordinary legal manner before the ordinary courts of the land."
What is the second rule of law defined by A V Dicey? - Answers - Every man, whatever
his rank or condition, is subject to the ordinary law of the realm and amendable to the
jurisdiction of the ordinary tribunals.
What is the third rule of law defined by A V Dicey? - Answers - The general principles of
the constitution are the result of judicial decisions determining the rights of private
persons in particular cases brought before the courts.
Three definition of Common Law - Answers - 1) Law as a type of legal system
2) Law as law created by the courts (rather than legislation)
3) As a body of law distinct from equity
Equity - Answers - Fairness
List 9 branches of Common Law - Answers - -Family Law
-Criminal Law
-Common law (sense 3)
, - Equity
- Commercially
- Probate
- Admiralty
- Administrative
- Protective
Difference between legal system and legal tradition - Answers -
Define Legal System (Merryman (1985, 1) - Answers - An operation of set legal
institutions, procedures, and rules
Define Legal Tradition - Answers - Denotes a basic legal culture that underlies a family
of law.
Distinction between Legal system v Legal Tradition - Answers - legal system is made up
of the rules, procedures, and institutions that govern a criminal justice system, while a
legal tradition is a set of attitudes about the nature of law and how it should be applie
What are Glenn (2007) classification of legal tradition - Answers - Chthonic law
Talmudic law
Civil law
Islamic Law
Common Law
Hindu Law
Asian Law
What are La Porta et al. (1999) Classification of legal tradition - Answers - Chthonic law
Talmudic law
Civil law
Islamic Law
Common Law
Hindu Law
Asian Law
In addition to;
Scandinavian
Socialist
What is Bard's definition of a legal system? - Answers - A legal system is one whose
application extends far beyond the confines of its original birthplace.
How does Bard describe the influence of a legal system? - Answers - The influence of a
legal system is widespread in space and enduring in time.
De Jure mean - Answers - Doctrine of Precedent
Define Law - Answers - Law a system designed to define order and be applicable in
dispute resolution.
What is Positivism? - Answers - The belief that knowledge should be derived from
scientific observation.
What is the distinction made in Positivism regarding law? - Answers - The distinction
between morality (what ought to be done) and law (what is).
Formalism - Answers - Strict observance of the established rules, traditions, and
methods employed in Law.
Substantive Law - Answers - Law that defines, describes, regulates, and creates legal
rights and obligations.
Procedural Law - Answers - Law that establishes the methods of enforcing the rights
established by substantive law.
Difference between substantive and procedural law - Answers - substantive law is the
what and procedural law is the how
What is the first rule of law defined by A V Dicey? - Answers - "No man punishable or
lawfully made to suffer in body or goods except for a distinct breach of law established
in the ordinary legal manner before the ordinary courts of the land."
What is the second rule of law defined by A V Dicey? - Answers - Every man, whatever
his rank or condition, is subject to the ordinary law of the realm and amendable to the
jurisdiction of the ordinary tribunals.
What is the third rule of law defined by A V Dicey? - Answers - The general principles of
the constitution are the result of judicial decisions determining the rights of private
persons in particular cases brought before the courts.
Three definition of Common Law - Answers - 1) Law as a type of legal system
2) Law as law created by the courts (rather than legislation)
3) As a body of law distinct from equity
Equity - Answers - Fairness
List 9 branches of Common Law - Answers - -Family Law
-Criminal Law
-Common law (sense 3)
, - Equity
- Commercially
- Probate
- Admiralty
- Administrative
- Protective
Difference between legal system and legal tradition - Answers -
Define Legal System (Merryman (1985, 1) - Answers - An operation of set legal
institutions, procedures, and rules
Define Legal Tradition - Answers - Denotes a basic legal culture that underlies a family
of law.
Distinction between Legal system v Legal Tradition - Answers - legal system is made up
of the rules, procedures, and institutions that govern a criminal justice system, while a
legal tradition is a set of attitudes about the nature of law and how it should be applie
What are Glenn (2007) classification of legal tradition - Answers - Chthonic law
Talmudic law
Civil law
Islamic Law
Common Law
Hindu Law
Asian Law
What are La Porta et al. (1999) Classification of legal tradition - Answers - Chthonic law
Talmudic law
Civil law
Islamic Law
Common Law
Hindu Law
Asian Law
In addition to;
Scandinavian
Socialist
What is Bard's definition of a legal system? - Answers - A legal system is one whose
application extends far beyond the confines of its original birthplace.
How does Bard describe the influence of a legal system? - Answers - The influence of a
legal system is widespread in space and enduring in time.
De Jure mean - Answers - Doctrine of Precedent
