How is a domestic legal right created?
(A) By common law
(B) By customary law
(C) Through cultural traditions
(D) By signing a United Nations convention - HSC - SSCE Legal Studies - Question 4 - 2007 - Paper 1
Question 4
How is a domestic legal right created?
(A) By common law
(B) By customary law
(C) Through cultural traditions
(D) By signing a United Nations convention
Worked Solution & Example Answer:How is a domestic legal right created?
(A) By common law
(B) By customary law
(C) Through cultural traditions
(D) By signing a United Nations convention - HSC - SSCE Legal Studies - Question 4 - 2007 - Paper 1
Step 1
By common law
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Answer
Domestic legal rights are often created through common law, which is based on judicial decisions and precedents rather than written statutes. This body of law evolves from the decisions made by courts over time.
Step 2
By customary law
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Answer
Customary law can also play a significant role in creating domestic legal rights, especially in jurisdictions where such practices have been recognized as legally binding.
Step 3
Through cultural traditions
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Cultural traditions can influence the creation of legal rights, but they must typically be recognized by the legal system to have binding effect.
Step 4
By signing a United Nations convention
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Answer
While signing a United Nations convention may lead to the creation of international legal obligations, it does not directly create domestic legal rights without the proper implementation by a sovereign state.