Chapter 1 Flashcards
What are laws?
Laws are rules of society, enforced by the government and judicial system
Where were the first laws drawn from
Lipit - Ishtar
What sort of rules were included in Lipit - Ishtar
Stealing, cutting down trees, and land division
Who ran early courts of Lipit - Ishtar
Religious leaders
What were the two trial methods of Lipit - Ishtar
Trial by ordeal
Trial by Battle
What law came after Lipit - Ishtar
European Civil Law
Whats another name for European Civil Law?
Napoleonic Code
Who used European Civil Law
All of Europe, except England
What did Napoleon do with the European Civil Code?
Updated it
Where is it used now?
Europe (- England), South America, Africa, Quebec, and Louisiana
How are disputes solved in European Civil Code?
Research similar case to come to a decision
What is it not necessary to do in Civil Code?
Follow another court’s ruling
What law system came after Civil Code?
English Common Law
Why did the English establish Common Law?
They hated the Romans
What did the Norman conquest mark?
The beginning of the feudal system (1066)
Who held power in early Common Law?
Noblemen
What did noblemen do to help enforce rules?
Set up early courts
What was King’s Peace
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
What did the King’s Peace do?
Brought matters into the royal court, away from the noblemen
What courts lost power due to royal courts?
Religious courts and land barons
What has the King’s Peace translated into now?
The Crown, which prosecutes crimes
What does R stand for?
Rex or Regina
What did the Royal Courts do for the people?
They travelled to communities
What is the writ system
Originally, any letter from the king. Now it is a document authorizing legal action
What is a writ of summons now called in BC?
Notice of Civil Claim
What was the Grand Jury originally?
12 knights that collected criminals for the courts
What were petite juries?
witnesses
Who originally decided crimes in Common Law?
The judge
What is Stare Decisis
Making a decision based on a decision in a similar case made by a court of equal or higher standing
What did Edward I Do?
Established the first parliament called the Great Counsel
Who were the Great Counsel
Noblemen, who approved laws
What two courts eventually surfaced out of common law?
The Common Law court and the Court of Chancery
Why were cases being thrown out of the Common Law Court?
Writ mistakes
First rule of Court of Chancery
There are no rules
How were decision made in the Court of Chancery or Equity?
Based on fairness
Main problem with Court of Chancery
No consistency
What ultimately happened with the Court of Chancery and the Common Law Court?
They merged (Common law but consider equity)
What did Henry VIII cause?
Caused parliament to make laws and the government began enforcing them
Describe main points of merchant law
Applied to seafaring men and their ships as they travelled between countries, guild handled problems, eventually merged into common law
What happened as a result of the English Civil War?
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
Roundheads v. Cavaliers
Charles accused parliament of treason, parliament won, Charles was beheaded
Who was supreme after the Civil War?
Parliament
Natural Law Theory was based on who?How were laws made?
The dominant Religious group
They made rules to be Morally Correct
Describe Legal Positivism
Laws are passed through those who have authority to pass them i.e Judges, parliament
Judicature Act
Completely merged court of chancery and common law through laws
What is the Canadian Legal System Based on?
English legal System
Legal Realism means
A law is a law if enforced by the courts
