Chapter 1: Rules and policies

Question 1

Civil Law Origin

Answer 1

Roman Empire (27A.C - 1453)

Question 2

How Civil Law got mixed?

Answer 2

After the collapse of the Roman Empire, law got mixed with local traditions

Question 3

Importance of Napoleon in Civil Law

Answer 3

He changed, restructured and unified the law. He codified the law of Rome and became the father of civil law tradition.

Question 4

Heart of Civil Law tradition

Answer 4

Napoleonic code. Law was divided into varios sections

Question 5

Judges in Civil Law

Answer 5

Do not have the power to make law. They can only interpret it and apply it.

Question 6

Case Precedent

Answer 6

They did not have the concept, but they begun to make references of the past

Question 7

Civil Law Trials

Answer 7

Question and answer process, judge leads the trial. The judge is god-like, he has all the power, decides how is the case going to be undertaken.

Question 8

Common Law Origin

Answer 8

Battle of Hastings, Oct 14th 1066

Question 9

Heart of Common Law Tradition

Answer 9

Courtroom

Question 10

Judges in Common Law

Answer 10

They made the law (so they had more interpretations).

They would use case precedents, to take decisions immediately

Question 11

Legislative law in UK parlament and US congress…

Answer 11

Is almost identical

Question 12

When judges are interpreting legislative law

Answer 12

They have limitations, they could only interpret and apply

Question 13

Common Law Trials

Answer 13

Judge acts as a referee, lawyer ask questions and they are allowed to discuss

Question 14

Civil Law Strength and Weakness

Answer 14

S: Many minds working together
W: Takes time

Question 15

Common Law Strength and Weakness

Answer 15

S: Judges made laws
W: Judicial Split, Many interpretations (2 judges, different parts, can have different decisions)

Question 16

How did they solve in Common Law when they had different answers for one problem

Answer 16

Both cases go to a higher level of court

Question 17

Power of making law is limited by

Answer 17

Cases from the past (Case Precedent)
Judicial Review: Power of a court above them to review a decision. Point to an error that could have changed the course of the case

Question 18

If judge does not follow a Case Precedent

Answer 18

She has to explain herself

Question 19

In a will, as long as the document is clear and doesn’t request anything ilegal

Answer 19

We as a state must do it

Question 20

Most important difference between Civil Law and Common Law

Answer 20

That in Common Law, judges have the power to create law

Question 21

The role of the trial court is

Answer 21

The first court to hear the case, decide what happened and apply law

Question 22

Doomsday book

Answer 22

(Doom: End of the time) Record of the possessions and wealth that England had, when William conquer it

Question 23

Trial by Ordeal

Answer 23

Reserved by witches. Drop people in water, in order to determine if they were guilty

Question 24

Law

Answer 24

Law are the social rules and policies, that regulate the behavior in society. It describes what is possible and impermissible.

Question 25

Legislative law is

Answer 25

(Law made by a group of experts) is parliamentary law.

Question 26

Law that comes out the legislative in the US is called...

Answer 26

Statutory law

Question 27

Sources of legal rules

Answer 27

1. - Legislature creates a statute (bill), law created by the parliament/congress 2. -When the court resolves a dispute 3. -When the congress ratifies a treaty with another nation 4. -When the government creates specific administrative agencies which promulgates administrative treaties, which are more specific than statues (FDA)

Question 28

Administrative Regulations

Answer 28

Regulations produced by a statue created by a specialized group or committee for a specific sector. FDA

Question 29

Social Policies

Answer 29

Specific underlying values or purposes for legal rules. They reflect views about what is socially good, and reflect social values. As values changes, so do policies and laws. Franco and kissing in public...

Question 30

Rules

Answer 30

They vary considerably in their clarity and precision Legal rules requires government participation during its creation, while police, courts and governmental bodies are responsible for the compliance of the rules