Multiple Choice Questions on Which of the following is the distinction between legislation and precedent ........ for Study NOtes Preparation

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Multiple Choice Questions

Which of the following is the distinction between legislation and precedent ........

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    Which of the following is the distinction between legislation and precedent ?

    In precedents the rules and principles are laid down by the inductive method. In legislation the deductive method is resorted to.

    Incorrect Answer

    Legislation has abrogative power also. It not only creates law but it can abrogate an existing law, existing in whatever from statute precedent or custom. Precedent is only constitutive.

    Incorrect Answer

    Statute can make rules for future cases which may arise, in other words, a stature can lay down law before  hand. A precedent can lay down a rule when a case comes before it.

    Incorrect Answer

    All of the above.

    Correct Answer
    Explanation:

    - Option 1:

    - Precedents are established through the inductive method, where specific cases lead to general principles.

    - Legislation uses the deductive method, applying general rules to specific cases.

    - Option 2:

    - Legislation has the power to create and abolish laws, affecting statutes, precedents, and customs.

    - Precedent is only constitutive, meaning it establishes legal principles without the ability to abolish.

    - Option 3:

    - Statutes can proactively set laws for future cases.

    - Precedents establish rules only when cases are presented.

    - Option 4:

    - All the above statements accurately describe the distinctions between legislation and precedent.

    Answer: Option 4 - All of the above.

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    By: Parvesh Mehta
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