3.3.4 Comparing Judiciaries

    Cards (107)

    • What is the primary role of the judiciary in a political system?
      Interpreting laws and resolving disputes
    • What are the key functions of the judiciary?
      Interpreting laws, resolving disputes, and conducting legal proceedings
    • Common law judiciaries have greater independence from other branches compared to civil law judiciaries.
      True
    • Arrange the following functions of the judiciary in their logical order:
      1️⃣ Interpreting laws and regulations
      2️⃣ Resolving legal disputes
      3️⃣ Conducting legal proceedings
    • In a common law judiciary, the basis of law is judge-made precedent
    • Judicial reasoning in a common law judiciary is inductive and case-by-case.

      True
    • In a common law judiciary, judges are often appointed by the executive branch
    • Match the structural characteristic with the correct judiciary type:
      Hierarchical court structure ↔️ Common Law Judiciary
      Specialized jurisdiction ↔️ Civil Law Judiciary
    • What is the scope of judicial review in a civil law judiciary?
      Limited power
    • What role do common law judiciaries play in interpreting laws?
      Active
    • Order the following roles of common law judiciaries from most active to most passive:
      1️⃣ Judicial Review
      2️⃣ Interpretation of Laws
      3️⃣ Dispute Resolution
    • The basis of law in common law judiciaries is precedent-based, also known as judge-made law
    • The judiciary is responsible for interpreting laws and administering justice
    • The basis of law in a common law judiciary is precedent
    • Which countries use common law systems?
      UK, USA, Canada, Australia
    • What does a political system provide for its people?
      Legal frameworks and rights
    • Which branch of government is responsible for creating codified laws in a civil law system?
      Legislature
    • What type of judicial tenure is common in civil law systems?
      Fixed terms
    • How are judges typically selected in a civil law judiciary?
      Competitive exams
    • In a common law judiciary, judges play an active role in interpreting and developing the law
    • Civil law judiciaries have a specialized jurisdiction focused on specific areas of codified law
    • Match the term with its definition or function:
      Judiciary ↔️ Interprets laws and administers justice
      Political System ↔️ Formal and informal structures governing a state
      Judicial Review ↔️ Determines if laws comply with the constitution
    • Order the judicial reasoning processes of common law and civil law systems from specific to general:
      1️⃣ Inductive (Common Law)
      2️⃣ Deductive (Civil Law)
    • Civil law judiciaries have specialized jurisdiction focused on specific areas of codified law.
    • Common law judiciaries interpret laws through precedents, while civil law judiciaries apply codified laws.

      True
    • Common law judiciaries have a stronger role in upholding the constitution
    • Steps in the judicial selection process in civil law systems:
      1️⃣ Competitive exams
      2️⃣ Career progression
      3️⃣ Fixed terms
    • Civil law judiciaries are more susceptible to political influence
    • Match the term with its definition:
      Judiciary ↔️ Interprets laws and administers justice
      Political System ↔️ Governs people through formal structures
      Judicial Review ↔️ Ensures laws comply with the constitution
    • Common law is based on precedent, while civil law is based on codified law.

      True
    • The structure of common law courts is hierarchical, while civil law courts are more decentralized.

      True
    • The hierarchical court structure in common law systems allows for the development of precedent.

      True
    • The decentralized court structure in civil law systems is tailored to enforcing specific legal codes.

      True
    • Common law judiciaries have a stronger role in upholding the constitution compared to civil law systems.
      True
    • Judges in common law systems have greater independence from the executive branch due to lifetime tenure.

      True
    • Common law judiciaries can play a more active and impartial role in interpreting the law due to their independence.
      True
    • The balance of power between government branches is influenced by the degree of judicial independence.

      True
    • Judicial review allows courts to review laws for compliance with the constitution.
      True
    • Judges in civil law systems focus on applying codified laws rather than actively interpreting them.
      True
    • The judiciary ensures the consistent and fair application of laws in a political system.

      True
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