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
A domestic legal right is primarily created by common law. Common law arises from judicial decisions and precedents set by the courts over time. It evolves as new rulings are made that establish legal principles and rights.
Step 2
By customary law
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Answer
Customary law can also create domestic legal rights, but primarily in cultures where these customs are recognized as legal norms. Such rights are recognized through long-standing practices that have gained acceptance within a community.
Step 3
Through cultural traditions
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Answer
Cultural traditions inform the development of legal rights but do not directly create legally enforceable rights unless recognized by formal legal systems.
Step 4
By signing a United Nations convention
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Signing a United Nations convention can influence domestic laws by obligating states to observe international agreements, but it does not in itself create domestic legal rights unless incorporated into national law.