exam 2 ch. 5&6

Question 1

What is the origin of common law?

Answer 1

Came from England after normal conquest of 1066 CE

Question 2

In early England what was the difference between “the peoples’ peace” and “the king’s peace?”

Answer 2

People’s peace- dealt with common people where king has limited participation King’s peace- king heard cases directly

Question 3

What event in 1170 marked the decline of the influence of religious courts?

Answer 3

Murder of the leading proponent of the church court

Question 4

Who were the “Keepers of the Peace” in early England?

Answer 4

Knights commissioned to keep the peace in the local areas

Question 5

What was the equity system?

Answer 5

Meant to be fair of “just”

Question 6

What is a writ of mandamus?

Answer 6

Required public servants to do their jobs.

Question 7

What is the role of judges regarding statutes in England?

Answer 7

Judicial decisions set the framework for the development of most statues
Legislators still think in terms of judge-made laws and make their statues in the language of judges

Question 8

What does the Bill of Rights have to do with common law?

Answer 8

Starting point of common law

Question 9

What is the difference between “factual guilt” and “legal guilt?” Which is emphasized in common law systems?

Answer 9

Factual guilt- evidence, witnesses, and cogent arguments are made there
Legal guilt- justice system has acted inappropriately defendant could be released

Question 10

What did American law training emphasize?

Answer 10

On procedure

Question 11

Elite law schools?

Answer 11

top law schools (Harvard)

Question 12

Sundown schools?

Answer 12

for poor and colored

Question 13

Injunction?

Answer 13

order to prevent harm that would occur if case went through the system

Question 14

Writ of habeas corpus?

Answer 14

Required government to present someone before the courts

Question 15

What isstare decisis?

Answer 15

Principles of precedent

Question 16

What is jury nullification?

Answer 16

When a jury, in spite of overwhelming evidence of guilt, refuses to convict

Question 17

Which level of English court acts as the Supreme Court of the land?

Answer 17

House of lords

Question 18

Which level of English court handles nearly all of the criminal cases in England?

Answer 18

Court of appeal

Question 19

What are the duties of the Lord chancellor in England?

Answer 19

1. Participate in judicial appeals that reach House of Lords
2. Recommends all appointments to the courts
3. Performs day-to-day administrations of courts
4. Oversees the legal aid systems
   Takes an active role in law reform

Question 20

Solicitors?

Answer 20

legal advisors to the public

Question 21

Barristers?

Answer 21

Present cases before the courts

Question 22

What parts of the world operate under a civil law system?

Answer 22

Western Europe, Central & South America, many parts of Asia, few places in North America (Louisiana, Puerto Rico, Quebec)

Question 23

What was Corpus Juris Civilis and who created it?

Answer 23

Emperor Justinian in Constantinople

Question 24

What is canon law?

Answer 24

Universal law of the spiritual realm

Question 25

Why was the French Revolution important for civil law?

Answer 25

Removed many of the religious laws and revolution was anti feudal

Question 26

In civil law countries what is the purpose of a written legal code?

Answer 26

Power taken from the courts and lawyers and put into peoples hands

Question 27

What is the role of judge in a civil law system?

Answer 27

The legal training of lawyers and the role of prosecutor

Question 28

How does one become a judge in a civil law system?

Answer 28

Take a state test, attend school for prosperous judge. Be appointed junior judge. Judge will have 2 or more subordinate judges that form a panel

Question 29

What is the role of the legal scholar in a civil law system?

Answer 29

Look t the law in high levels of abstraction relegating the facts to a minor place

Question 30

Who are “advocates” in civil law systems?

Answer 30

Defense layers

Question 31

What are the three stages in the preliminary procedures followed in civil law systems?

Answer 31

1. Preliminary stage- very brief, hearing judge appointed 2. Evidence- taking stage 3. Decision making stage- hear argument, make decisions

Question 32

What are the three phases or stages in the criminal law procedures in civil law systems?

Answer 32

1. Investigation phase 2. Examination stage 3. Official trial

Question 33

If someone is guilty are they better off being tried in a common law or a civil law system?

Answer 33

Common law

Question 34

How are the French police different from those in the U.S. and England?

Answer 34

French police came from military

Question 35

What is the difference between the National Police and the National Gendarmerie in France?

Answer 35

National police- police in population above 10,000. | National gendarmerie- acts as military, provides serves for French overseas territories. Polices population under 10,000

Question 36

What are the two main responsibilities of the “Constitutional Council?”

Answer 36

1. Addressing complaints about elections | 2. Determines the constitutionality of legislation passed by parliament

Question 37

In France what does the Court of Cassation do?

Answer 37

Listens to appeals on the interpretation of the law by the lower courts. Highest court of civil and criminal appeals (hearing use panels of 7 judges and 2 advisors)

Question 38

In France what are prosecutors called and what is their primary purpose?

Answer 38

Magistrates debout (in French) they seek to achieve justice and serve the interest of society