Deck 3: Systems of Law: Common Law, Civil Law, Socialist Law, Islamic Law, Indigenous Law

Question 1

What are the two primary examples used to represent Socialist Legal Systems?

A) North Korea and the USSR
B) Vietnam and North Korea
C) The USSR and China
D) China and Cuba

Answer 1

C

Question 2

How many times has the Chinese constitution been amended since 1982?

A) 1
B) 2
C) 3
D) 4

Answer 2

D

Question 3

Which country is considered to be the most traditionalist Islamic legal system in the world today?

A) Kuwait
B) Saudi Arabia
C) Iran
D) Iraq

Answer 3

B

Question 4

What religious system of belief aims to eliminate cultural influences that may impact Islam over the centuries?

A) Nizam
B) Wahhabism
C) Fiqh
D) Tazir

Question 5

Which of the following is not a crime that results in hudud punishment?

A) Theft
B) Adultery
C) Rape
D) Drinking alcohol

Question 6

Which type of crime constitutes murder and bodily harm, and allows the victim's family to choose the right to retaliation?

A) Hudud
B) Tazir
C) Qisa
D) All of the above

Question 7

Which law system can be found in the U.S., England, Australia, Canada and African countries once colonized by the British?

A) Common Law
B) Civil Law
C) Indigenous Law
D) Socialist Law

Question 8

Which law system can be found in Germany and France, most of Europe and South America, and parts of Africa that were colonized by France, Portugal and Belgium?

A) Common Law
B) Civil Law
C) Indigenous Law
D) Socialist Law

Question 9

Which of the following was the first Muslim State to become secular after World War I?

A) Jordan
B) Egypt
C) Tunisia
D) Turkey

Question 10

Which of the following countries does NOT have Sharia has its official mandated law?

A) Iran
B) Sudan
C) Kuwait
D) Pakistan

Question 11

Which of the following is an option for how custom can be included in legal systems?

A) Integral part of system
B) Excludes custom in whole or in part
C) Allows custom to apply as law but subject to certain constraints
D) All of the above

Question 12

Which of the following is NOT true in regards to codifying customary law?

A) Codification can freeze custom while custom is always alive within society
B) Leaders of post-colonial States see custom as primitive and an obstacle to modernity
C) Custom has been most impactful with elderly indigenous populations
D) Custom can be a hindrance in gender and human rights, but can be overcome through the development of living customary law

Question 13

Which historical figure proclaimed himself the 'fountainhead of justice'?

A) Alfred the Great
B) William the Conqueror
C) Henry II
D) Alexander the Great

Question 14

Which of the following terms is used to describe the power and obligation of courts to base their decisions on prior decisions?

A) Stare Decisis
B) Judge-made Law
C) De communi iure
D) Crimen

Question 15

Which written text was comprised of four parts: the Institutes, the Digest, the Code and the Novels?

A) The Twelve Tables
B) Glanvill - the Treatise on the Laws and Customs of the Realm of England
C) The Magna Carta
D) Corpus Juris Civilis

Question 16

Which text became an important symbol for the 'revival of Roman law'?

A) The Commentators and Glossators
B) Corpus Juris Civilis
C) The Twelve Tables
D) The Magna Carta

Question 17

Which type of law developed under Emperor Constantine's Christianization of the Roman Empire?

A) Legal Science
B) Commercial Law
C) Canon Law
D) Codified law

Question 18

Which historical event initiated the Islamic renaissance in countries with a Muslim majority?

A) The founding of Wahhabism in Saudi Arabia
B) The writing of the Koran by Prophet Mohammed
C) The introduction of Sharia-based code in the Ottoman Empire
D) The 1979 revolution in Iran

Question 19

Which of the following is NOT true in regards to Islam and justice?

A) Sharia shows the route to be followed to achieve God's justice
B) Thieves are considered to be equivalents of murderers and rapists for violating the community
C) The greater the sin, the greater the community's forgiveness for the perpetrator
D) Severe punishment acts as a crime deterrent that ensures social cohesion

Question 20

Which of the following must be present in order to secure conviction for hudud crimes?

A) Voluntary confession
B) Reasonable suspicion
C) Conclusive proof of guilt
D) A and C
E) All of the above

Question 21

Which of the following authoritative systems must exist to constitute an indigenous legal system?

A) Local warlord
B) Tribal elders
C) Village chiefs
D) All of the above

Question 22

Which country is analyzed for having customary law that may not be applied if it is contrary to its Constitution?

A) Samoa
B) The Solomon Islands
C) Papua New Guinea
D) Nigeria

Question 23

Which reason is NOT cited for preferring the implementation of customary practices?

A) Free of charge
B) More efficient
C) Prompt
D) Widely understood

Question 24

What is meant by the term 'state positivism'?

A) Making the State sovereign for purposes of law making
B) The end of the belief that law was of divine origin
C) The emphasis on the rights of man as distinct from the role of government
D) The emergence of commercial laws to govern business transactions

Question 25

What is meant by the term 'separation of powers'?

A) The legal separation between Public Law and Private Law
B) The cultural separation between fundamentalism and secularism
C) The separation of legislative, executive and judicial functions
D) The territorial separation between individual rights and judicial power

Question 26

Which legal system holds the belief that "common law and civil law traditions reflect a capitalist, bourgeois, imperialistic, exploitive society, economy and government"?

A) Indigenous Law
B) Islamic Law
C) Socialist Law
D) None of the above

Question 27

Which of the following is NOT true in regards to colonialism's impact on customary law?

A) Colonial officials set about inventing African traditions for Africans
B) Custom was understood as a "strategy for legitimizing control which assumed a 'legal' form when it was offered a 'legal' forum in which to operate"
C) Customary law was a historical product created in colonial institutions
D) Customs are applied even if they are contrary to the Constitution

Question 28

What is meant by the term "indirect rule"?

A) A method used to encourage the mercy and forgiveness of sinners sentenced to hudud punishment
B) A method used to deter the general population of Islamic legal systems from committing crime
C) A method used to build socialism under the leadership of the Communist Party and the guidance of Marxism-Leninism
D) A method used to maintain order and peace by enabling indigenous people to operate native courts by applying customary law

Question 29

Which type of law includes the relations between State institutions and between citizens and State?

A) Commercial Law
B) Public Law
C) Private Law
D) Canon Law

Question 30

Which type of law includes interpersonal disputes and issues including civil and commercial law?

A) Commercial Law
B) Public Law
C) Private Law
D) Canon Law

Question 31

Which country's law system blended with Roman law to ease the legal uncertainty emerging from the Middle Ages?

A) France
B) Germany
C) Portugal
D) Belgium

Question 32

Which written text emerged from political confrontation between plebians and patricians?

A) The Commentators and Glossators
B) Corpus Juris Civilis
C) The Twelve Tables
D) The Magna Carta

Question 33

Which of the following terms is used to describe the process of governing the outcome of future similar cases?

A) Stare Decisis
B) Judge-made Law
C) De communi iure
D) Crimen

Question 34

What gender reforms were brought about by the Prophet through the Koran?

A) Outlawing female infanticide
B) Granting women inheritance rights
C) Providing support for widows and orphans
D) All of the above

Question 35

Which country faced criticism from Islamists for forbidding female genital circumcision in July of 1996?

A) Saudi Arabia
B) Egypt
C) Morocco
D) Iran

Question 36

The terms 'legal system' and 'legal tradition' can be used interchangeably.

Question 37

Socialism is inadequate at setting a direction for Chinese legality.

Question 38

Legal representation is permitted in Saudi Arabia for criminal cases.

Question 39

Tazir punishments are less severe than hudud punishments.

Question 40

Murder is one of the six crimes that merit severe hudud punishment.

Question 41

The U.K. has codified criminal offenses by enacting Criminal Codes and statute.

Question 42

The term 'crimen' can be used to describe not only crimes but also sins.

Question 43

The Judicature Acts of 1873 replaced common law and equity with a Supreme Court.

Question 44

Egypt was the first Muslim country to become secular after World War I.

Question 45

Common Law systems can be found in Germany and France, most of Europe and South America, and parts of Africa that were colonized by France, Portugal and Belgium

Question 46

Compare and contrast the historical evolution of the Common Law and Civil Law systems. Be sure to include examples of relevant historical figures, texts, and terminology.

Question 47

How has colonialism impacted Customary Law in Indigenous Legal Systems? Specify a country that experienced this, and how colonialism affected the development of local criminal justice.

Question 48

How has Sharia Law played a significant role in the Saudi Arabian context of Islamic Law?