Examiation of Customary law and precedents and Comparative Law in 2017
Examiation of Customary law and precedents of Class 39B
Mục Lục:
- Examiation of Customary law and precedents of Class 39B
- Part I – True or False statements (explanation needed) (6 points)
- Question 1
- Question 2
- Question 3
- Question 4
- Part II – Questions (4 points)
- Question 1
- Question 2
- Examiation of Comparative Law of Class 39A
- Contents
- Part I: True/false Statements with explanation (05 pts)
- Question 1
- Question 2
- Question 3
- Question 4
- Question 5
- Part II: Question (05 pts)
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By discrimination towards gender equality, Muslim law tradition generally is backward and out of date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 16th 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.