ISC Exam Questions

Which of the following correctly describes customary law?

Different countries have different legal systems. Which of the following correctly describes customary law?

A.
Not many countries work under this law purely; most instead use a mixed system where this law, which deals mainly with personal conduct and patterns of behavior, is an integrated component.

B.
It covers all aspects of human life, but is commonly divided into responsibilities and obligations to others, and religious duties.

C.
It is a rule-based law focused on codified law.

D.
Based on previous interpretations of laws, this system reflects the community’s morals and expectations.

Explanation:
A: Customary law deals primarily with personal conduct and patterns of behavior. It is based on the traditions and customs of the region. It came about
as communities emerged and the cooperation of individuals became necessary. Not many countries work under a purely customary law system; most
instead use a mixed system where customary law is an integrated component. (Codified civil law systems emerged from customary law.) Customary law is
mainly used in regions of the world that have mixed legal systems; for example, China and India. Restitution in a customary law system is commonly in the
form of a monetary fine or service.
B is incorrect because it describes religious law systems. Where customary law deals mainly with personal conduct and patterns of behavior, religious
law systems are commonly divided into responsibilities and obligations to others, and religious duties. Religious law systems are based on the religious
beliefs of a region. In Islamic countries, for example, the law is based on the rules of the Koran. The law, however, is different in every Islamic country.
C is incorrect because civil (code) law is rule-based and, for the most part, is focused on codified law, i.e., laws that are written down. Civil law is the
most widespread legal system in the world and the most common legal system in Europe. It is established by states or nations for self-regulation; thus, civil
law can be divided into subdivisions such as French civil law, German civil law, etc.
D is incorrect because common law is based on previous interpretations of laws. In the past, judges would walk throughout the country enforcing laws
and settling disputes. They did not have a written set of laws, so they based their laws on custom and precedent. This system reflects the community’s
morals and expectations.