Review Questions

These questions are optional but they are designed to test your understanding of the chapters and point out important themes or issues of each chapter. Both midterm and Final examinations will draw short answer questions from these review questions.

Chapter 4: Sources of Law: Cases

  1. What is meant by 'judicial review'? On what constitutional provision is it based?
  2. What political purpose encouraged the establishment of judicial restraint? Why is it called a 'doctrine'?
  3. How did the phrase 'common law' originate?
  4. Why is the statement, 'judges do not make law', inaccurate?
  5. What is the Latin phrase expressing the principal of precedent?
  6. Why is the Yanakas case present in the context of the principle of precedent?
  7. What are the two characteristics of Legislation?
  8. What is the practical significance of obiter dictum? (see Colby & Higgins)?
  9. What is a 'case of first impression'?

  10. What are examples of secondary sources?

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