EXAM 1 Chapter 4

Why is precedent considered a basic concept in the common legal tradition?

It provides a way to identify custom through reference to earlier case decisions

Which term refers to deeply rooted and historically conditioned attitudes about things such as the nature of law and the role of law in society?

Legal tradition

In Islam, the book that is considered the word of God (Allah) is the:

Qur'an

The three major subtraditions forming the civil legal tradition are:

Roman law, canon law, and codification.

Hadiths, which provide a narration about the life of the Prophet Muhammad, contain three important parts. Which of the following is NOT one of those three?

A seal affixed by Muhammad himself or one of his direct decedents

One of the several reasons that common law codes are not the same as civil law codes is that common law codes do not abolish all prior law for that topic. Which of the following is the textbook's way to describe this difference?

Codes under common law are not revolutionary

The three major subtraditions forming the Eastern Asia tradition are:

Confucianism, collectivism and context, and legal informalism.

Why do some people consider the jurist Shafi'a to be the father of Muslim jurisprudence?

He proposed a compromise between those believing that all rules must be derived from the Qur'an or Sunna, and those believing that the law should be elaborated through the use of human reason and personal opinion

Under which legal tradition do legal rights and obligations always lie with the individual?

Islamic legal tradition

Which of the following is NOT a feature of legal custom as conceived by Blackstone?

It is intermittent (it may be abandoned or interrupted but always returns)

The primary source of law in the Islamic legal tradition is:

divine revelation.

According to the You Should Know box in Chapter 4, Iran can be grouped with the religious states and _____ can be grouped with the secular states in terms of how each applies Islamic law.

Turkey

During the Fifth and Sixth Centuries, __________ courts administered state law, while ________ courts managed canon law.

civil / ecclesiastical

The three major subtraditions forming the common legal tradition are:

custom, feudal practices, and equity.

The process by which Islamic legal scholars reach a consensus regarding how to handle a case that does not appear to be answered by either the Qur'an or Sunna is called:

ijma

When we refer to legal institutions, procedures, and rules, we are referring to a:

legal system.

For purposes of comparative criminal justice, the essential principles of Confucianism lie in the concepts of:

li and fa.

A technique by which flexibility is achieved under common law is:

particularization.

During the reign of Henry II, attempts were made to return order to England through the Constitutions of Clarendon, which:

provided custom as a basis for building order.

The primary source of law in the civil legal tradition is:

written code.

In most parts of the world, the term civil law refers to a legal tradition based on ________; but in the United States, civil law more commonly refers to _________.

written codes / a specific type of law dealing with private wrongs