Practice Quiz

CLEP Business Law

Category - History

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Jake and John had a debate about whether U.S. judges make decisions based on common law or civil law. Jake argued that judges often cite previous cases as support for decisions that they make. He concluded that this meant that courts make decisions based on common law. John disagreed. His position is that although judges may cite previous cases, the United States has a legislative branch that has created a code of laws by which judges ultimately have to abide. Who is correct?
  1. Jake is correct. The legal system in the United States is based on common law.
  2. John is correct. The legal system in the United States is based on civil law.
  3. Neither John nor Jake is correct. Judges in the United States make decisions based on federal law.
  4. Both Jake and John are correct. Judges base decisions on both common law and civil law.
Explanation
Answer: D. Jake and John are both correct. Judges base decisions on both common law and civil law. In a common law system, also referred to as a case law system, judges make decisions based on precedent set by previous court decisions. In a civil law system, judges base decisions on codified laws. In the United States, judges make decisions using both common law and civil law.
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