JURI 510 Quiz Common Law
JURI 510 Quiz 3 Common Law and the Islamic Legal Tradition
- Prior to the development of the writs there was no common law, no way to state a case or get before a judge.
- Within the Islamic trade market there are three forms of transaction or collaboration. Which of the following is not one of the three:
- There are several sources of Shari’a. Which one of the following is not a source?
- Ijma (agreement), once reached within some level of the Islamic community, is sanctioned by the highest of authority, and its legitimacy as a source of law can be surpassed only by the Koran itself and by the Sunna.
- Islamic law is similar to the laws of the United States because both are very general expressions and, to solve a problem, you have to know which school’s law is applicable, or which state law.
- These two oldest schools of Islamic legal thought, which appear to have been taught prior to the canonization of the Sunna, remain attached to a wider range of techniques of legal reasoning.
- According to Glenn, the particular genius of U.S. law has been its constructive combination of elements of both civil and common law.
- In the common law tradition, land is not owned. If you buy a house in the common law world today, you become, not the owner, but the holder of a/an ________________ estate.
- The Common law tradition developed using writs. Each writ gave rise to a:
- Law in the United States is generally seen as adhering to a common law family.
- The common law has become one of procedure—the role of the judge went from deciding the outcome of the case to leaving the decision to the jury.
- Within the Islamic legal tradition there is legal language that corresponds to that of “individual right.”
- The Common law tradition distinguishes itself from other legal traditions with the use of loyal
- The function of the Qadi is to resolve disputes in accordance with civil law, and the process is characterized by a high degree of corruption and partiality.
- Western expansion, whether rooted in common or civil law, has come about through three essential techniques or concepts. Which of the following is not one?
- C. van Caenegem concluded that the Common law tradition as a result of historical accident, and as a result of this accident the first discernible state came into being in Europe with defined boundaries and a central government.
- A common law tradition must today be highly rigid and unaccommodating if it is to provide some measure of commonality to the diverse legal orders which have been associated with common law.
- Unlike other types of law, in the Qadi dispute resolution method, the law of each case is different from the law of every other case, and all parties are under an obligation to ____________ to bring together the objectively determined circumstances of the case and the appropriate principles of the
- The work of Islamic lawyers is now directed not only towards the internal working out of the Shari’a, but also towards ongoing justification of the entire Islamic legal enterprise.
- There are two basic types of instability in Islamic practice: (1) Working of the tradition itself, the inevitable fluidity of its concepts, techniques, and structures; (2) Process of renunciation of immediate application of these concepts and structures, in favor of some form of (freer) delegated authority.
- Match the following: The Reading, The way or path to follow, The opinion of the mufti, Binding authority attaching formally to each decision, Court of Chancery