Question

Which of the following is NOT a source of law in common law systems?

• A. Statutes
• B. Precedent
• C. Religious texts
• D. Custom

Hint:

Focus on understanding the main sources of law in various legal systems—statutes, precedents, and customs, especially in common law systems where judicial decisions play a central role in shaping the law.

Answer 1

The Correct Option is C

In common law systems, the sources of law primarily include statutes (laws enacted by the legislature), precedent (previous court decisions that guide future cases), and custom (established practices that may influence legal rulings). However, religious texts are generally not considered a direct source of law in common law systems, as law is derived more from judicial decisions and legislative acts.

Answer 2

Understanding Sources of Law in Common Law Systems:
In a common law legal system, laws develop primarily through judicial decisions and precedents. The legal system is based on customs, case laws, and judicial interpretations rather than codified statutes alone. Key sources of law include:

1. Judicial Precedents:
Also known as case law, judicial precedents refer to the legal principles established in previous court decisions. Courts follow the doctrine of stare decisis, which means that decisions of higher courts bind the lower courts in similar cases.

2. Legislation:
Statutes and acts passed by the legislature are an important source of law. They are written laws that provide general rules and are applied by the courts.

3. Custom:
Long-established practices or norms accepted by society can serve as a source of law if they are reasonable, certain, and consistent with statutory law.

4. Legal Writings:
The writings of legal scholars and jurists can influence judicial decisions, especially in interpreting laws or establishing legal doctrines.

Why Religious Texts Are NOT Considered a Source:
In common law systems, religious texts do not form a formal source of law. While they may influence cultural or social practices, they are not legally binding or recognized by courts as authoritative sources. This is in contrast to religious legal systems (e.g., Islamic law or Hindu law), where religious scriptures can directly influence the law.

Conclusion:
The correct answer is Religious texts because they are not a formal source of law in common law systems, which primarily rely on judicial decisions, legislation, and established customs.