Deck 8: Comparative Legal Systems

Question 1

The way that the courts determine the applicable law in a legal dispute is through private international law rules

Answer 1

True

Question 2

In some Eastern countries, such as China and Japan, negotiating style is slow, respectful, and cautious.

Answer 2

True

Question 3

The two most widespread legal traditions include are the Civil Law and Hindu Legal Traditions.

Answer 3

False

Question 4

Jewish law is referred to as the Talmudic legal system.

Question 5

The Civil Law system is divided into two legal families: Germanic and the Swiss-Roman.

Question 6

Most South and Central American countries follow the Civil Law Tradition.

Question 7

Almost all common law countries where members of the British Commonwealth of Nations.

Question 8

The basis of modern Civil Law is the 8^th Century Ciceronian Code.

Question 9

The Convention on Contracts for the International Sale of Goods (CISG) has influenced a number of modern revisions of national civil codes.

Question 10

The two traditional methods of comparative law study are the common core and the rational-based approaches.

Question 11

The common core approach was championed by Rudolf Schlesinger and Rodolfo Sacco.

Question 12

Mongolia is one of the few remaining legal systems that rely primarily on customary law.

Question 13

Customary law is often referred as indigenous or folk law.

Question 14

The first great modern civil code was the German Civil Code of 1798.

Question 15

The two major common law systems are often referred to as Anglo-American law.

Question 16

A "legal family" is the body of rules that regulates a given country.

Question 17

The Civil Law is largely dependent on judge-made law.

Question 18

The Civil Law follows an investigative (inquisitional) approach to civil procedure, as opposed to the Common Law's adversarial approach.

Question 19

Japanese Law derives from Germanic Civil Law.

Question 20

The law of the Chinese island of Macau is based on the Portuguese Civil Code.

Question 21

In the Common Law, some lawyers are educated to be judges in law school and become career judges.

Question 22

Breach of contract was recognized as a cause of action in Slade's Case.

Question 23

The doctrine in the United States that the common law is found at the state level is called the Ontario Doctrine.

Question 24

The Province of Quebec (Canada) follows the common law tradition.

Question 25

The part of a common law court decision that is binding is called dictum or dicta.

Question 26

Modern Chinese commercial law can be traced to the rise to power of Deng Xiaoping in 1978.

Question 27

Chinese Contract Law (CCL) is based on the Western Legal Tradition.

Question 28

Islamic law is referred to as Shari 'a Law.

Question 29

The Quran largely deals with spiritual issues and how to live, therefore, most commercial law is man-made.

Question 30

Under Hinduism's concept of appropriate behavior, duties, rights, laws, conduct, virtues, and the right way of living is known as Dharma.

Question 31

The new lex mercatoria refers to the free trade era's notion of transnational law.

Question 32

Examples of Mixed Jurisdiction legal systems include:

A) Scotland
B) Argentina
C) South Africa
D) All of the Above
E) A & C Only

Question 33

The elements that make up the Corpus Juris Civilis include:

A) Digest
B) Codex
C) Institutes
D) All of Above
E) B & C Only

Question 34

The benefits of comparative law study include:

A) Better understanding of one's domestic law
B) Understanding how law evolves
C) As a source in the reforming of law
D) All of the Above
E) B & C Only

Question 35

The major differences that distinguish the Civil Law from the Common Law include:

A) Judicial investigative process
B) Code-based law
C) Stare decisis
D) All of the Above
E) A & B Only

Question 36

Major developments of the English Common Law include:

A) Magna Carta
B) Doomsday Books
C) Statute of Westminster
D) All of the Above
E) A & C Only

Question 37

Sources of Islamic Law include:

A) Sunna
B) Ijma
C) Analogical Reasoning
D) All of the Above
E) A & B Only

Question 38

The lex mercatoria is made up of the following sources:

A) General Principles of law
B) Trade Usage
C) Public Law Conventions
D) All of the Above
E) A & B Only

Question 39

Explain the differences between the Common Law and Civil Law systems.

Question 40

Explain the difference in the Islamic law between religious law and man-made law and how they relate to one another.