Chapter 1

Question 1

What are laws?

Answer 1

Laws are rules of society, enforced by the government and judicial system

Question 2

Where were the first laws drawn from

Answer 2

Lipit - Ishtar

Question 3

What sort of rules were included in Lipit - Ishtar

Answer 3

Stealing, cutting down trees, and land division

Question 4

Who ran early courts of Lipit - Ishtar

Answer 4

Religious leaders

Question 5

What were the two trial methods of Lipit - Ishtar

Answer 5

Trial by ordeal

Trial by Battle

Question 6

What law came after Lipit - Ishtar

Answer 6

European Civil Law

Question 7

Whats another name for European Civil Law?

Answer 7

Napoleonic Code

Question 8

Who used European Civil Law

Answer 8

All of Europe, except England

Question 9

What did Napoleon do with the European Civil Code?

Answer 9

Updated it

Question 10

Where is it used now?

Answer 10

Europe (- England), South America, Africa, Quebec, and Louisiana

Question 11

How are disputes solved in European Civil Code?

Answer 11

Research similar case to come to a decision

Question 12

What is it not necessary to do in Civil Code?

Answer 12

Follow another court’s ruling

Question 13

What law system came after Civil Code?

Answer 13

English Common Law

Question 14

Why did the English establish Common Law?

Answer 14

They hated the Romans

Question 15

What did the Norman conquest mark?

Answer 15

The beginning of the feudal system (1066)

Question 16

Who held power in early Common Law?

Answer 16

Noblemen

Question 17

What did noblemen do to help enforce rules?

Answer 17

Set up early courts

Question 18

What was King’s Peace

Answer 18

Originally, the king had the authority to punish those disturbing the peace in their homes, then in the streets, then if it was any violent crime

Question 19

What did the King’s Peace do?

Answer 19

Brought matters into the royal court, away from the noblemen

Question 20

What courts lost power due to royal courts?

Answer 20

Religious courts and land barons

Question 21

What has the King’s Peace translated into now?

Answer 21

The Crown, which prosecutes crimes

Question 22

What does R stand for?

Answer 22

Rex or Regina

Question 23

What did the Royal Courts do for the people?

Answer 23

They travelled to communities

Question 24

What is the writ system

Answer 24

Originally, any letter from the king. Now it is a document authorizing legal action

Question 25

What is a writ of summons now called in BC?

Answer 25

Notice of Civil Claim

Question 26

What was the Grand Jury originally?

Answer 26

12 knights that collected criminals for the courts

Question 27

What were petite juries?

Answer 27

witnesses

Question 28

Who originally decided crimes in Common Law?

Answer 28

The judge

Question 29

What is Stare Decisis

Answer 29

Making a decision based on a decision in a similar case made by a court of equal or higher standing

Question 30

What did Edward I Do?

Answer 30

Established the first parliament called the Great Counsel

Question 31

Who were the Great Counsel

Answer 31

Noblemen, who approved laws

Question 32

What two courts eventually surfaced out of common law?

Answer 32

The Common Law court and the Court of Chancery

Question 33

Why were cases being thrown out of the Common Law Court?

Answer 33

Writ mistakes

Question 34

First rule of Court of Chancery

Answer 34

There are no rules

Question 35

How were decision made in the Court of Chancery or Equity?

Answer 35

Based on fairness

Question 36

Main problem with Court of Chancery

Answer 36

No consistency

Question 37

What ultimately happened with the Court of Chancery and the Common Law Court?

Answer 37

They merged (Common law but consider equity)

Question 38

What did Henry VIII cause?

Answer 38

Caused parliament to make laws and the government began enforcing them

Question 39

Describe main points of merchant law

Answer 39

Applied to seafaring men and their ships as they travelled between countries, guild handled problems, eventually merged into common law

Question 40

What happened as a result of the English Civil War?

Answer 40

Arbitrary taxes were abolished by parliament, as well as arbitrary imprisonment, could no longer arrest w/o warning, couldn't force people to billet army troop

Question 41

Roundheads v. Cavaliers

Answer 41

Charles accused parliament of treason, parliament won, Charles was beheaded

Question 42

Who was supreme after the Civil War?

Answer 42

Parliament

Question 43

Natural Law Theory was based on who?How were laws made?

Answer 43

The dominant Religious group | They made rules to be Morally Correct

Question 44

Describe Legal Positivism

Answer 44

Laws are passed through those who have authority to pass them i.e Judges, parliament

Question 45

Judicature Act

Answer 45

Completely merged court of chancery and common law through laws

Question 46

What is the Canadian Legal System Based on?

Answer 46

English legal System

Question 47

Legal Realism means

Answer 47

A law is a law if enforced by the courts