Chapter 3 Flashcards
What are the primary sources of law in civil law countries compared to common law countries?
Civil law relies heavily on constitutions and codes while common law relies more on judicial precedents and doctrines.
How did the rediscovery and study of the Corpus Juris Civilis during the Medieval Period influence European legal systems?
It reintroduced Roman law as a legal ideal and a common foundation, influencing the development of civil law systems in Europe.
What differentiates the judiciary’s role in civil law systems from common law systems, according to the historical context provided?
In civil law systems, the judiciary often served as an extended arm of repressive governments, whereas in common law systems, the judiciary served as a force against the abuse of state power.
How did the practice of King Henry II’s justices in England during the Norman period contribute to the creation of the common law system?
The justices applied uniform law throughout England during their circuits, creating a system of law common to every community.
What was the impact of Emperor Justinian’s codification of Roman law, known as the Corpus Juris Civilis, on the development of civil law systems?
It offered a comprehensive, unified code that made law clearer and became the foundation for further development of civil law.
Canon law
A body of laws made by Christian religious institutions which govern themselves and their members.
Mercantile Law
A body of laws governing the transactions and disputes of individuals or businesses engaged in commerce, trade, or merchanding
