Topics of Law Test 60

[passage-header]Read the following passage carefully and choose the best answer to each question out of the four alternatives given.[/passage-header]Legislation is the prime source of law and consists in the declaration of legal rules by a competent authority. A parliamentary legislature frames new laws, such as Acts of Parliament, and amends or repeals old laws. Legislature may delegate lawmaking powers to lower bodies. Delegated legislation may be open to challenge for irregularity of process; and the legislature usually has the right to withdraw delegated powers if it sees fit. Most legislatures have their powers restricted by the nation's Constitution, and Montesquieu's theory of the separation of powers typically restricts a legislature's powers to legislation. Although the legislature has the power to legislate/ it is the courts who have the power to interpret statutes. Similarly, although parliaments have the power to legislate, it is usually the executive who decides on the legislative programme. Judicial precedent is based on the doctrine of stare decisis, and mostly associated with jurisdictions based on the English Common Law, but the concept has been adopted in part by Civil Law systems. Precedent is the accumulated principles of law derived from centuries of decisions. Judgments passed by judges in important cases are recorded and become significant source of law. A judicial precedent is a judgment or decision of a court of law cited as an authority for deciding a similar state of fact in the same manner or on the same principle or by analogy. Equity is the case law developed by the Court of Chancery which is now defunct. Equity prevails over common law, but its application is discretionary. Equity's main achievements are: trusts, charities, probate, and equitable remedies. The Judicature Reforms in the 1870s effected a procedural fusion of the two bodies of law, ending their institutional separation. The reforms did not effect any substantive fusion, however. Judicial or academic reasoning which assumes the contrary has been described as a "fusion fallacy". A custom as a law is not written, but is a rule whereby if a practice can be shown to have existed for a very long time, such as "since time immemorial", it becomes a source of law.

[passage-header]Read the following passage carefully and choose the best answer to each question out of the four alternatives given.[/passage-header]Legislation is the prime source of law and consists in the declaration of legal rules by a competent authority. A parliamentary legislature frames new laws, such as Acts of Parliament, and amends or repeals old laws. Legislature may delegate lawmaking powers to lower bodies. Delegated legislation may be open to challenge for irregularity of process; and the legislature usually has the right to withdraw delegated powers if it sees fit. Most legislatures have their powers restricted by the nation's Constitution, and Montesquieu's theory of the separation of powers typically restricts a legislature's powers to legislation. Although the legislature has the power to legislate/ it is the courts who have the power to interpret statutes. Similarly, although parliaments have the power to legislate, it is usually the executive who decides on the legislative programme. Judicial precedent is based on the doctrine of stare decisis, and mostly associated with jurisdictions based on the English Common Law, but the concept has been adopted in part by Civil Law systems. Precedent is the accumulated principles of law derived from centuries of decisions. Judgments passed by judges in important cases are recorded and become significant source of law. A judicial precedent is a judgment or decision of a court of law cited as an authority for deciding a similar state of fact in the same manner or on the same principle or by analogy. Equity is the case law developed by the Court of Chancery which is now defunct. Equity prevails over common law, but its application is discretionary. Equity's main achievements are: trusts, charities, probate, and equitable remedies. The Judicature Reforms in the 1870s effected a procedural fusion of the two bodies of law, ending their institutional separation. The reforms did not effect any substantive fusion, however. Judicial or academic reasoning which assumes the contrary has been described as a "fusion fallacy". A custom as a law is not written, but is a rule whereby if a practice can be shown to have existed for a very long time, such as "since time immemorial", it becomes a source of law.