3 Flashcards
What is the primary focus of Module 3?
The key legal principles and concepts covered in this section.
Which legal theory suggests that law should be interpreted based on social and economic realities?
Legal Realism
What is the main difference between Substantive and Procedural Law?
Substantive law defines rights, while procedural law outlines enforcement.
Who is considered the main proponent of Natural Law Theory?
Thomas Aquinas
What role does precedent play in Common Law systems?
It ensures consistency by following past judicial decisions.
What is the primary function of Constitutional Law?
To establish the framework of government and protect individual rights.
What does ‘Ultra Vires’ mean in Administrative Law?
Acts beyond the legal power of an entity are invalid.
What is the key principle behind the doctrine of Separation of Powers?
Preventing concentration of power by dividing government responsibilities.
What is the purpose of Equity in the legal system?
To provide remedies where strict legal rules would cause injustice.
What does ‘Judicial Review’ allow courts to do?
Assess the constitutionality of laws and government actions.
What is the primary focus of Module 3?
The key legal principles and concepts covered in this section.
Which legal theory suggests that law should be interpreted based on social and economic realities?
Legal Realism
What is the main difference between Substantive and Procedural Law?
Substantive law defines rights, while procedural law outlines enforcement.
Who is considered the main proponent of Natural Law Theory?
Thomas Aquinas
What role does precedent play in Common Law systems?
It ensures consistency by following past judicial decisions.
What is the primary function of Constitutional Law?
To establish the framework of government and protect individual rights.
What does ‘Ultra Vires’ mean in Administrative Law?
Acts beyond the legal power of an entity are invalid.
What is the key principle behind the doctrine of Separation of Powers?
Preventing concentration of power by dividing government responsibilities.
What is the purpose of Equity in the legal system?
To provide remedies where strict legal rules would cause injustice.
What does ‘Judicial Review’ allow courts to do?
Assess the constitutionality of laws and government actions.
What is the key difference between Civil Law and Common Law systems?
Civil Law relies on codified statutes, while Common Law is based on judicial precedents.
Which legal principle states that ‘no one is above the law’?
Rule of Law
What is the main function of International Law?
Regulating relations between states and international organizations.
What does ‘Mens Rea’ refer to in Criminal Law?
The guilty mind or criminal intent required for a crime.
What is ‘Actus Reus’ in Criminal Law?
The physical act of committing a crime.
Who is responsible for interpreting the law in a legal system?
The Judiciary.
What is the main purpose of Human Rights Law?
To protect individual freedoms and human dignity.
What is ‘Legal Certainty’?
The principle that laws must be clear, predictable, and consistently applied.
Which philosopher is known for the concept of the ‘Veil of Ignorance’?
John Rawls.
What is ‘Lex Talionis’ in ancient legal systems?
The law of retaliation (‘an eye for an eye’).
What does ‘Stare Decisis’ mean in legal practice?
The doctrine that courts should follow precedents set by previous rulings.
What is the function of Administrative Law?
To regulate the activities and decisions of government agencies.
What does ‘Pacta Sunt Servanda’ mean in Contract Law?
Agreements must be honored and kept.
What is the key focus of Criminal Law?
Defining offenses and prescribing punishments.
Which type of law governs disputes between private individuals?
Civil Law.
What is the function of Customary Law?
To recognize and enforce traditional practices within a legal framework.
What does ‘Nullum crimen, nulla poena sine lege’ mean?
No crime, no punishment without a law.
What is ‘Restorative Justice’?
A legal approach that focuses on repairing harm caused by criminal behavior.
What does ‘Fiat Justitia Ruat Caelum’ mean?
Let justice be done though the heavens fall.
What is ‘Tort Law’?
The area of law dealing with civil wrongs and personal injuries.
What is ‘Strict Liability’ in legal terms?
Liability that does not require proof of negligence or intent.
What does ‘Res Judicata’ mean?
A case that has been finally decided cannot be litigated again.
What is the primary goal of Contract Law?
To ensure enforceability of agreements between parties.
What is ‘Jus Cogens’ in International Law?
A fundamental principle that cannot be violated by any nation.
What does ‘Audi Alteram Partem’ mean in legal proceedings?
The right to be heard; both sides must be given a fair hearing.
What is the principle of ‘Legal Equality’?
All individuals are subject to the same laws and treated equally.
What does ‘Ratio Decidendi’ refer to?
The legal reasoning behind a court’s decision.
What is the difference between Public and Private Law?
Public Law deals with government actions; Private Law governs relations between individuals.
What is the main role of a Constitution?
To establish the fundamental principles of governance and individual rights.
What is the primary focus of Module 3?
The key legal principles and concepts covered in this section.
Which legal theory suggests that law should be interpreted based on social and economic realities?
Legal Realism
What is the main difference between Substantive and Procedural Law?
Substantive law defines rights, while procedural law outlines enforcement.
Who is considered the main proponent of Natural Law Theory?
Thomas Aquinas
What role does precedent play in Common Law systems?
It ensures consistency by following past judicial decisions.
What is the primary function of Constitutional Law?
To establish the framework of government and protect individual rights.
What does ‘Ultra Vires’ mean in Administrative Law?
Acts beyond the legal power of an entity are invalid.
What is the key principle behind the doctrine of Separation of Powers?
Preventing concentration of power by dividing government responsibilities.
What is the purpose of Equity in the legal system?
To provide remedies where strict legal rules would cause injustice.
What does ‘Judicial Review’ allow courts to do?
Assess the constitutionality of laws and government actions.
What is the key difference between Civil Law and Common Law systems?
Civil Law relies on codified statutes, while Common Law is based on judicial precedents.
Which legal principle states that ‘no one is above the law’?
Rule of Law
What is the main function of International Law?
Regulating relations between states and international organizations.
What does ‘Mens Rea’ refer to in Criminal Law?
The guilty mind or criminal intent required for a crime.
What is ‘Actus Reus’ in Criminal Law?
The physical act of committing a crime.
Who is responsible for interpreting the law in a legal system?
The Judiciary.
What is the main purpose of Human Rights Law?
To protect individual freedoms and human dignity.
What is ‘Legal Certainty’?
The principle that laws must be clear, predictable, and consistently applied.
Which philosopher is known for the concept of the ‘Veil of Ignorance’?
John Rawls.
What is ‘Lex Talionis’ in ancient legal systems?
The law of retaliation (‘an eye for an eye’).
What does ‘Stare Decisis’ mean in legal practice?
The doctrine that courts should follow precedents set by previous rulings.
What is the function of Administrative Law?
To regulate the activities and decisions of government agencies.
What does ‘Pacta Sunt Servanda’ mean in Contract Law?
Agreements must be honored and kept.
What is the key focus of Criminal Law?
Defining offenses and prescribing punishments.
Which type of law governs disputes between private individuals?
Civil Law.
What is the function of Customary Law?
To recognize and enforce traditional practices within a legal framework.
What does ‘Nullum crimen, nulla poena sine lege’ mean?
No crime, no punishment without a law.
What is ‘Restorative Justice’?
A legal approach that focuses on repairing harm caused by criminal behavior.
What does ‘Fiat Justitia Ruat Caelum’ mean?
Let justice be done though the heavens fall.
What is ‘Tort Law’?
The area of law dealing with civil wrongs and personal injuries.
What is ‘Strict Liability’ in legal terms?
Liability that does not require proof of negligence or intent.
What does ‘Res Judicata’ mean?
A case that has been finally decided cannot be litigated again.
What is the primary goal of Contract Law?
To ensure enforceability of agreements between parties.
What is ‘Jus Cogens’ in International Law?
A fundamental principle that cannot be violated by any nation.
What does ‘Audi Alteram Partem’ mean in legal proceedings?
The right to be heard; both sides must be given a fair hearing.
What is the principle of ‘Legal Equality’?
All individuals are subject to the same laws and treated equally.
What does ‘Ratio Decidendi’ refer to?
The legal reasoning behind a court’s decision.
What is the difference between Public and Private Law?
Public Law deals with government actions; Private Law governs relations between individuals.
What is the main role of a Constitution?
To establish the fundamental principles of governance and individual rights.
What is the primary function of law in society?
To maintain order, resolve disputes, and protect rights.
What is the key difference between Procedural and Substantive Law?
Procedural Law governs legal processes; Substantive Law defines rights and duties.
What is ‘Habeas Corpus’?
A legal order that protects against unlawful detention.
What is the role of a judge in a Common Law system?
To interpret and apply legal precedents to cases.
What does ‘Legal Personality’ mean?
The recognition of an entity as having legal rights and obligations.
What is ‘Jurisprudence’?
The philosophy and study of law.
Which philosopher is known for ‘The Leviathan’ and his views on law and government?
Thomas Hobbes.
What is the main argument of the Social Contract Theory?
People give up some freedoms to a government in exchange for protection and order.
What is the difference between Morality and Law?
Morality is based on personal or societal ethics, while Law is enforceable by the state.
What does ‘Positivist Jurisprudence’ emphasize?
That law is created by recognized authorities and should be separate from morality.
Which legal theory believes that ‘law must be interpreted through the lens of social realities’?
Legal Realism.
What is the key principle of Natural Law?
That laws must align with moral principles and universal justice.
Who argued that ‘an unjust law is no law at all’?
St. Augustine.
What is ‘Customary Law’?
A legal system based on traditions and cultural practices.
What does ‘Pleadings’ refer to in a legal case?
Formal statements of a party’s claims or defenses in a lawsuit.
What is the role of an Advocate in legal proceedings?
To represent and defend clients in court.
What is the concept of ‘Legal Fiction’?
A legal assumption that something is true even if it may not be in reality.
What is ‘Vicarious Liability’?
Legal responsibility of one party for the actions of another (e.g., an employer for an employee).
What is the meaning of ‘Locus Standi’?
The right of a party to bring a case to court.
What is ‘Strict Liability’ in law?
Liability that does not require proof of negligence or intent.
What does ‘Lex Lata’ refer to?
The law as it currently exists.
What does ‘Lex Ferenda’ mean?
Law as it ought to be in the future.
What is the doctrine of ‘Res Ipsa Loquitur’?
The principle that ‘the thing speaks for itself’ in negligence cases.
What is ‘Proximate Cause’ in Tort Law?
An event sufficiently related to an injury to be held legally responsible.
What is ‘Negligence’ in law?
Failure to take reasonable care, resulting in harm to another party.
What is ‘Restitution’?
Restoring a party to their original position before harm occurred.
What is the role of the Legislature?
To create and enact laws.
What is ‘Ultra Vires’ in Administrative Law?
When a government body acts beyond its legal powers.
What is ‘Ratio Decidendi’ in judicial decisions?
The legal reasoning that forms the basis of a court’s ruling.
What is ‘Obiter Dicta’?
Comments made by a judge that are not legally binding.
What is ‘Mens Rea’?
The mental element or criminal intent in a crime.
What is ‘Actus Reus’?
The physical act of committing a crime.
What is the ‘Presumption of Innocence’?
A fundamental principle that an accused person is innocent until proven guilty.
What does ‘Burden of Proof’ mean?
The obligation to prove a disputed fact in a case.
What is ‘Preponderance of Evidence’?
The standard of proof in civil cases, requiring the majority of evidence in one party’s favor.
What does ‘Beyond a Reasonable Doubt’ mean?
The standard of proof in criminal cases requiring near certainty of guilt.
What is the principle of ‘Double Jeopardy’?
A person cannot be tried twice for the same crime after acquittal or conviction.
What does ‘Stare Decisis’ mean?
The principle that courts should follow precedents set by past rulings.
What does ‘Legal Positivism’ focus on?
The idea that law is created by human authority and should be separate from morality.
What is ‘Equity’ in legal systems?
A system of fairness that supplements strict legal rules.
What does ‘Restorative Justice’ emphasize?
Repairing harm caused by criminal behavior through reconciliation.
What does ‘Lex Specialis’ mean?
A specific law takes precedence over a general law.
What does ‘Lex Posterior’ mean?
A later law overrides an earlier one.
What is ‘International Law’?
A legal framework governing relations between states and international entities.
What is ‘Municipal Law’?
The laws that govern a specific country or state.
What does ‘Jurisdiction’ refer to?
A court’s authority to hear and decide cases.
What is the main principle of ‘Legal Certainty’?
Laws must be clear and predictable for individuals to follow.
What is the ‘Doctrine of Necessity’?
A principle that justifies otherwise unlawful actions in emergencies.
What does ‘Res Judicata’ mean?
A case that has been decided cannot be litigated again.
What is the principle of ‘Legal Equality’?
All individuals should be treated equally under the law.
What is ‘Diplomatic Immunity’?
Protection from prosecution granted to foreign diplomats.
What is ‘Jus Soli’?
The right of citizenship by birth in a country’s territory.
What is ‘Jus Sanguinis’?
The right of citizenship based on ancestry or parentage.
What is morality in the context of jurisprudence?
Morality in jurisprudence refers to the principles and values that distinguish right from wrong in law and society.
How do morals differ from ethics in legal theory?
Morals are personal or societal beliefs about right and wrong, while ethics are systematic rules or principles governing conduct, often formalized in legal codes.
What is ethical relativism in the legal context?
Ethical relativism is the view that moral standards vary between cultures and that no single set of ethical principles applies universally in law.
What is moral objectivism?
Moral objectivism holds that there are universal moral principles that are true and applicable to all people, regardless of culture or personal beliefs.
How do moral values influence legal decision-making?
Moral values guide judges and lawmakers in interpreting laws, shaping legal principles, and ensuring that justice reflects societal norms.
What is deontological ethics in jurisprudence?
Deontological ethics focuses on adherence to duty or rules, asserting that actions are inherently right or wrong regardless of their consequences.
What is consequentialism in legal ethics?
Consequentialism judges the morality of an action by its outcomes, emphasizing the results of legal decisions and policies.
How does virtue ethics apply to the practice of law?
Virtue ethics emphasizes character and the virtues of individuals, suggesting that ethical legal practice depends on the moral character of legal professionals.
What is moral absolutism in the context of law?
Moral absolutism asserts that certain actions are intrinsically right or wrong, regardless of context or circumstances, and should be upheld by law.
What is the role of professional ethics in the legal field?
Professional ethics in law set standards for behavior and practice, ensuring integrity, fairness, and responsibility among legal professionals.
How do cultural values affect the interpretation of law and morality?
Cultural values influence legal norms and ethical standards, leading to variations in how laws are interpreted and applied across different societies.
What are the foundations of moral obligation in legal theory?
Foundations of moral obligation in legal theory include concepts like duty, fairness, and justice that underpin the legitimacy of laws.
How does the concept of justice relate to moral and ethical principles?
Justice is deeply intertwined with moral and ethical principles, as it seeks to ensure fairness, equity, and respect for individual rights.
What criticisms are leveled against moral absolutism in law?
Critics argue that moral absolutism is too rigid, failing to account for complex social contexts and cultural diversity.
What is the importance of integrity in legal ethics?
Integrity is crucial in legal ethics as it fosters trust, accountability, and respect for the law, ensuring that legal practices align with moral principles.
Explain in your own words what is meant by moral objectivism and ethical relativism in the context of legal theory. How might these perspectives influence legal decision-making?
A good answer should state that moral objectivism holds that there are universal, unchanging moral principles applicable to all, while ethical relativism argues that moral standards vary by culture or individual perspective. These views influence legal decision-making by shaping how laws are interpreted and applied across different societies.
Consider the role of professional ethics in law. Why is it essential for legal practitioners to adhere to ethical guidelines, and how does this affect public trust in the legal system?
A strong answer should mention that professional ethics promote integrity, accountability, and fairness, which are crucial for maintaining public confidence in the legal system. Adhering to ethical guidelines helps prevent corruption and ensures that legal decisions are impartial.
How do deontological ethics and consequentialism differ in their approach to legal decision-making? Provide examples from real legal cases or theoretical discussions.
A good answer should explain that deontological ethics focus on duties and rules regardless of outcomes, while consequentialism assesses the morality of an action based on its results. Examples might include cases where strict adherence to procedure (deontological) contrasts with decisions made for the greater social good (consequentialist).
Discuss how cultural values can impact the interpretation of law and the establishment of ethical norms. Provide specific examples from the module.
An effective answer should detail that cultural values shape what is considered ethical or acceptable, influencing how laws are formed and interpreted. Examples might include differing approaches to family law, customary practices, or local norms affecting legal judgments.
Critically analyze the criticisms of moral absolutism in legal contexts. What are the potential drawbacks of adopting an absolutist view in a diverse society?
A thorough answer should note that moral absolutism can be overly rigid, ignoring the complexity of individual circumstances and cultural diversity. This rigidity may result in laws that fail to accommodate necessary exceptions or the evolving moral values of society.
Examine the concept of integrity within legal ethics. How does personal integrity among legal professionals contribute to the overall functioning of the justice system?
A good answer should emphasize that personal integrity ensures honesty and consistency, fostering trust in legal institutions. Integrity among legal professionals is critical for fair proceedings and for maintaining the credibility and legitimacy of the justice system.
Reflect on the interplay between law and morality. In what ways do moral principles shape the development and interpretation of laws, and how might this vary across different legal systems?
A solid answer should explain that moral principles often underpin legal norms and can guide both the drafting and interpretation of laws. However, the degree to which morality influences law can vary, with some legal systems (e.g., those based on Natural Law) integrating moral philosophy more deeply than others.
Consider the influence of ethical theories on legislative processes. How might a legislator’s personal moral beliefs impact the creation of laws, and what are the potential benefits and risks of this influence?
A comprehensive answer should note that a legislator’s personal morals can shape lawmaking, potentially leading to laws that reflect ethical ideals. However, this influence also risks introducing bias, favoritism, or policies that may not represent the diverse values of the entire population.
Discuss the significance of ‘justice’ as a concept that intertwines with moral and ethical principles. How does the pursuit of justice influence legal reforms and interpretations?
An effective answer should state that justice is fundamental to law, ensuring fairness and equity. The pursuit of justice drives legal reforms and influences judicial interpretations to align legal outcomes with societal ethical standards.
Using the content from Module 3, summarize the key points regarding morals and ethics in jurisprudence. What are the main challenges in integrating moral values into a legal framework?
A strong answer should summarize that morals and ethics provide a foundation for understanding fairness and right conduct in law. Key challenges include the diversity of moral views, conflicts between rigid moral absolutism and practical legal needs, and the difficulty of applying universal ethical principles in diverse societies.
