Cook Chapter 1 Flashcards
How did customary law develop?
Ancient people developed principles regarding different matters.
What is the earliest example of law?
Customary law
Was religion a source of rules for governing adherents?
Yes
Is Australia a civil law or common law country?
Common law country.
What is the Australian legal system based on?
English Common Law system.
Where are common law systems used besides Australia?
Canada, Kenya and New Zealand.
Why has most common law country developed differently?
Each common law country has developed differently to reflect the local rights and justice and prevailing social ethos.
Are most states in Europe civil law countries or common law countries?
Civil law countries.
What does being a civil law country mean?
This means that all their laws both substantive and procedural are contained in comprehensive documents called codes.
What are codes in civil law heavily influenced by?
Roman Law.
Civil law is deductive while common law is…
Inductive
Is civil law or common law influenced by Christianity?
Both.
What constitutes the Western Legal tradition?
Both civil law and common law.
What legal system does Scotland have?
Scotland has a mixed legal system.
Why does Scotland have a mixed legal system?
Scotland has a mixed legal system due to its long historical relationship with France.
What is Roman Law?
The Romans created a body of law that spread as they established their empire.
What is roman law influenced by?
Greek and christian legal principles.
When was Roman Law lost?
With the fall of the roman empire.
When was roman law found?
11th century.
Is civil law or common influence influenced by natural law?
Both.
Why did common law develop?
The common law, developed its characteristics because it was common and because of the relative stability of government in England.
Why is the law influenced by forces of globalisation?
The law is influenced by forces of globalisation.
Why is the law influenced by globalisation?
The law is influenced by globalisation because it leads to a degree of convergence.
Where can the effects of globalisation be seen?
This degree of convergence caused by globalisation can be seen in both substantive and procedural parts of law.
How does convergence occur in international law?
Formally.
How does convergence occur informally through globalisation?
By contact and communication.
What is a major source of rules?
Cases.
What are cases?
Cases are the decisions and the reasons for those decisions made by judges in our courts.
What is legislation?
Legislation is more signifigant. Legislation refers to legal rules made by parliament.
