Which of the following is TRUE of common law?
(A) It is based on precedent - HSC - SSCE Legal Studies - Question 7 - 2009 - Paper 1
Question 7
Which of the following is TRUE of common law?
(A) It is based on precedent.
(B) It may be changed by juries.
(C) It is based on the Constitution.
(D) It cannot be c... show full transcript
Worked Solution & Example Answer:Which of the following is TRUE of common law?
(A) It is based on precedent - HSC - SSCE Legal Studies - Question 7 - 2009 - Paper 1
Step 1
Identify the meaning of common law
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Answer
Common law refers to law that is developed through court decisions and judicial interpretations rather than through legislative statutes or executive branch action. It is heavily influenced by precedents established in prior cases.
Step 2
Evaluate Option (A): It is based on precedent.
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Answer
This statement is true. Common law is indeed based on the principle of precedent, meaning that past judicial decisions are followed in future cases to ensure consistency and predictability in the law.
Step 3
Evaluate Option (B): It may be changed by juries.
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Answer
This statement is false. Juries do not have the power to change laws; they are tasked with applying the law to the facts of a case as presented by the legal parties.
Step 4
Evaluate Option (C): It is based on the Constitution.
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Answer
This statement is misleading. While the Constitution may inform certain legal principles, common law itself is not exclusively based on the Constitution. It evolves through judicial decisions.
Step 5
Evaluate Option (D): It cannot be changed by a parliament.
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Answer
This statement is false. While common law is established through judicial precedent, it can be altered or overridden by statutory law enacted by a parliament.
Step 6
Conclusion
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Answer
Based on the evaluation of each option, the correct answer is (A) It is based on precedent, as it accurately reflects a fundamental characteristic of common law.
