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Which feature best illustrates the operation of a civil law system? (A) Natural justice is not applied - HSC - SSCE Legal Studies - Question 12 - 2009 - Paper 1
Question 12
Which feature best illustrates the operation of a civil law system? (A) Natural justice is not applied. (B) Most cases are heard before a jury. (C) The doctrine o... show full transcript
Worked Solution & Example Answer:Which feature best illustrates the operation of a civil law system? (A) Natural justice is not applied - HSC - SSCE Legal Studies - Question 12 - 2009 - Paper 1
Step 1
Identify the feature illustrating a civil law system
Answer
In civil law systems, the roles of written statutes and legal codes are emphasized, rather than the doctrines of precedent that are prevalent in common law systems. Among the options:
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(A) Natural justice is not applied: This is misleading, as natural justice is generally a principle upheld in civil law.
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(B) Most cases are heard before a jury: This is characteristic of common law systems, not civil law.
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(C) The doctrine of precedent is relied upon: This is contrary to civil law principles where statutes are primary.
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(D) Paper submissions are relied on more than oral argument: This aligns with civil law practices, where written arguments are emphasized.
Therefore, the correct answer is (D).