Question

Which of the following is a characteristic of civil law?

Multiple Choice:
- In civil law systems the legislative branch has little authority.
- Civil law systems use a form or system of separation of powers.
- The civil law procedure is like the U.S. system of checks and
balances.
- Precedent is an important source of law in the civil law system.
- The judicial branch in civil law systems may create its own new law.

Answer 1

In civil law systems, judges apply and interpret statutes rather than create law or rely on precedent. Therefore, the correct option is D.

Step-by-step explanation:

The characteristic of civil law that is being asked about in the question is that in civil law systems, the judicial branch typically does not create its own new law. Rather, civil law relies on comprehensive statutes and codes that are enacted by legislative bodies; judges in civil law systems actively apply the law to the cases before them but do not create law. This is opposed to common law systems, like that of the United States, where judicial precedent is an important source of law and can influence future legal decisions. Therefore, the notion that 'Precedent is an important source of law in the civil law system' is incorrect. The role of the judicial branch in civil law systems is more about the application and interpretation of existing statutes rather than the creation of new law or reliance on precedent as in common law systems.