- November 24, 2019 at 7:55 am
Question: Identify whether the following statements regarding civil law are true or false.
It is the body of laws that does not relate to criminal offences.
It is law developed by judges through decision made in cases.
In the above question, why is the second statement false.
What I think is that civil law is part of common law, and therefore the second statement is correct.November 24, 2019 at 3:02 pm
Judges apply the law. They don’t create it
But do they develop it?
I suppose that that depends on your interpretation of the meaning of the word ‘develop’
In so far as judges hear cases in Court and, where no previous precedent exists, the judge’s decision may be seen to be a development of Civil Law, you could argue that Civil Law is being developed by judges through their decisions in cases
But you could equally interpret the question envisaging a few judges sitting together in a dark room developing a set of rules that they will subsequently apply to cases brought before them
That scenario of judges developing Civil Law is clearly a falsehood so you may conclude that judges did not / do not / have not developed Civil Law
PS – I’ll answer the remaining 7 questions tomorrow
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