FINAL EXAMS

Legal History

I. Modified TRUE or FALSE. Answer True or False, and reason out your answer.
No credit will be given to answers without reason, or to converse restatements, or
to circular reasoning. (4% each number)

1. Developments in the law always precedes developments in economics or in politics.

2. Law always reflects political, but not economic, ideology.
3. The Roman Civil law system uses the method of inductive logic.
4. Logic, rather than history, is the better guide to judicial decision-making
5. The pre-Hispanic natives in the Philippines had a more expeditious method of settling
disputes than the legal system introduced by the Spaniards.
6. The "barbarians at the gates" of the Roman empire (c. 300-400 00-400 A.D.) had no legal
system to speak of before they overran Rome.
7. The civil law system is more susceptible to "judicial legislation" than the common
law system.
S. The common law system is more logical and symmetrical than the civilian system.
9. Progressive societies, according to Maine. , owe their progress to the movement of the
law from status to contract.
10.The law in the so-called "welfare state" moves from contract to status.
11.Religion is always a moderating influence in the development of law.
12.Muslim law is premised on the existence of a theocratic state.
13.Religion always plays a beneficial influence in the development of a legal system.
14.The Philippines has no common law system.
15.Under the feudal system, the law is more solicitous of the welfare and protection of
the individual than in the capitalist system.
6. Before the advent of Christianity, there was no moderating influence on the draconian
character of Roman law.
17.The concept of natural law under the Romans is different from the concept of natural
law under the Popes.
18.The legal status of slaves in pre-Hispanic Philippines is the same as the le g al status of
slaves in the days of the Roman empire.
19.Equity under Roman law is different from equity under Anglo-Saxon common law.
20.The American constitution did not follow the American flag in the Philippines
because of the influence of economic interest groups in the US.

ii. Essay Type (10% each)

1. Discuss the differences. between the civil law system and the common law system.
2. Compare the adat method of settlement of disputes with that of the adversarial system
in Western law.