Examiation of Customary law and precedents and Comparative Law

Examiation of Customary law and precedents and Comparative Law in 2017

Examiation of Customary law and precedents of Class 39B

Time: 75 minutes

English – English Dictionary, Poliburo Resolution No. 48-NQ/TW, 2005 ; Politburo Resolution No. 49-NQ/TWl Decision No. 74 issued by the Supreme People’s Court dated 31 October, 2012 on granting the protect of development of precedents and the Resolution No. 03/2015/NQ-HDTP dated October 28, 2015 of the Supreme People’s Court on process for selecting, publishing and adopting precedents can be used during the exam. Other materials not allowed).

Part I – True or False statements (explanation needed) (6 points)

Question 1

Customary law mirrors social order and its development.

Question 2

According to the common law system, custom is quatified as law only after it is applied by a judge to settle a dispute.

Question 3

According to the common law system, if a court considered a precedent and decided its facts were different so it was not applicable, precendent has been overruled.

Question 4

According to the Resolution No. 03/2015/NQ-HDTP dated October 28, 2015 of the Supreme People’s Court on process for selecting, publishing and adopting precedents, a case law can be cancelled when a new law is adopted, changed, supplemented to the old one or is adjudicating legal issues which were contained in case law.

Part II – Questions (4 points)

Question 1

What is the ralationship between state and customary law?

Question 2

Analyse the content of the Doctrine of precedent.

Lecturer: Thanh Phan Nhat

Examiation of Comparative Law of Class 39A

Time: 75 minutes

Materials are not allowed exam except hard copies of English dictionary

Contents

Part I: True/false Statements with explanation (05 pts)

Question 1

By discrimination towards gender equality, Muslim law tradition generally is backward and out of date

Question 2

The US legal system has been transplanted completely by English Common law.

Question 3

The primary source of law is always more value and mostly considered than the secondary source..

Question 4

In 16^th centyry, Equity was used to replace the Common law

Question 5

The origin of law is the most important criteria for classifying a national legal system into a tradition of law.

Part II: Question (05 pts)

By applying the methodologies of Comparative law, describe the major legal systems in the world today.

Lecturer: Kim Hoang Nguyen Ngo, LLM.