JURI 510 Quiz 3

  1. There are two basic types of instability in Islamic practice: (1) Working of the tradition itself, the inevitable fluidity of its concepts, techniques, and structures; (2) Process of renunciation of immediate application of these concepts and structures, in favor of some form of (freer) delegated authority.
  2. The Common law tradition distinguishes itself from other legal traditions with the use of loyal
  3. The common law has become one of procedure—the role of the judge went from deciding the outcome of the case to leaving the decision to the jury.
  4. A common law tradition must today be highly rigid and unaccommodating if it is to provide some measure of commonality to the diverse legal orders which have been associated with common law.
  5. C. van Caenegem concluded that the Common law tradition as a result of historical accident, and as a result of this accident the first discernible state came into being in Europe with defined boundaries and a central government.
  6. Prior to the development of the writs there was no common law, no way to state a case or get before a judge.
  7. The work of Islamic lawyers is now directed not only towards the internal working out of the Shari’a, but also towards ongoing justification of the entire Islamic legal enterprise.
  8. According to Glenn, the particular genius of U.S. law has been its constructive combination of elements of both civil and common law.
  9. Unlike other types of law, in the Qadi dispute resolution method, the law of each case is different from the law of every other case, and all parties are under an obligation to ____________ to bring together the objectively determined circumstances of the case and the appropriate principles of the
  10. Within the Islamic trade market there are three forms of transaction or collaboration. Which of the following is not one of the three:
  11. In the common law tradition, land is not owned. If you buy a house in the common law world
  12. today, you become, not the owner, but the holder of a/an ________________ estate.
  13. Western expansion, whether rooted in common or civil law, has come about through three essential techniques or concepts. Which of the following is not one?
  14. The Common law tradition developed using writs. Each writ gave rise to a:
  15. The function of the Qadi is to resolve disputes in accordance with civil law, and the process is characterized by a high degree of corruption and partiality.
  16. There are several sources of Shari’a. Which one of the following is not a source?
  17. Islamic law is similar to the laws of the United States because both are very general expressions and, to solve a problem, you have to know which school’s law is applicable, or which state law.
  18. Within the Islamic legal tradition there is legal language that corresponds to that of “individual right.”
  19. Law in the United States is generally seen as adhering to a common law family.
  20. Ijma (agreement), once reached within some level of the Islamic community, is sanctioned by the highest of authority, and its legitimacy as a source of law can be surpassed only by the Koran itself and by the Sunna.
  21. These two oldest schools of Islamic legal thought, which appear to have been taught prior to the canonization of the Sunna, remain attached to a wider range of techniques of legal reasoning.