History Of US law Flashcards
“All men are created equal” (declaration of independence) came from which origin of law?
NATURAL LAW
Describe natural law:
Rules of conduct inherent in human nature and in the natural order, which are thought to be knowable through intuition, inspiration, and the exercise of reason without the need for reference to man-made laws.
Describe The Code of HAMMURABI
Laws of the united states were greatly affected by the Old Testament and those laws affected by the laws of Babylon.
List some unusual laws from the code of hammurabi
Persons caught in the act of adultery were bound with rope in the sexual position and then thrown in the river to drown….also other laws including, tongue cut out, eyes torn out, breasts cut off, bones broken, teeth knocked out, ears cut off, children slain, and a series of lashes with a cowhide whip.
Code of hammurabi (1795 BC):
When a woman wants to leave her husband—
She may after local authorities investigate the case and determine whether or not the woman has been unfaithful. If she has not, she may return to her fathers house, if she has been found to be at fault, she shall be thrown into the river.
What are some important points about the law of hammurabi?
- Development of written law (earliest)
- Individual responsibility under law
- Sanctity of the oath to God (perjury)
- Necessity of written evidence in all legal matters
- Protection for women and slaves
- eye for an eye/victim oriented
Describe laws from ANCIENT ISRAEL (1200-650 B.C.)
From Old Testament which contains the Mosaic Code. (Laws of ancient israelites became the basis for the moral code of western civilization)
List some important points from the laws derived from ANCIENT ISRAEL–
- No person could be found guilty of a capital offense without 2 or more witnesses to the crime charged (corroboration)
- rights of confrontation
- wrongful conduct offensive toward God and society and destroys bonds of society
- classification of felony or misdemeanor based of threat to society. No victimless crimes.
- “court at the gate” modern “public trial”–>6th ammendment
Describe ROMAN LAW (500 B.C.-476 A.D.)
The most significant innovations were made by the romans. The development of law is perhaps the greatest of roman achievements and one that has survived into modern times.
Where did roman law derive from?
The Twelve Tables (450 B.C.) they were a collection of basic rules related to family, religious, and economic life that appear to have been based on common practices accepted among early tribes. Laws were codified by EMPEROR JUSTINIAN I…3 lengthy documents.
What are some key points to take away from the ROMAN LAW?
-accused and accuser arraigned against eachother (adversarial system)
-issues submitted to jurors
-legislation by assembly
-magistrates and governors interpreted laws
-some rights of appeal
-separation of power (branches of gov)
-Codified law/statutory law
Legal code based in roman customs
Name some latin medical-legal terms that came from the ROMAN LAW
-Mala in se “evil in themselves”
-stare decisis “stand on the decision”
-Mens Rea “guilty mind”
-actus reus “guilty act”
-mores “most sacred roman customs”
-res judicata “thing decided”
-ex post facto “after the fact”
(LONDON)
Ham=home (nottingham)
Castra= camp
Describe FEUDAL LAW
Absence of roman law and order created a vacuum-federalism staked out territories (kingdoms and castles)
- feudal lords
- land owners
- serfs
Describe ANGLO-SAXON LAW (500-1066 A.D.)
Germanic tribal invasions (alfred the great)
-angles
-saxons
-jutes
“Justice system was tribal, high degree of citizen involvement, and emphasized restitution given directly to the victim of an offense.” (Sheriffs came about “ reeve”
Describe EARLY CHURCH LAW
Christianity filled in where roman law was dying out..by the middle ages all of europe had become Christianized.
- 54-55 B.C. Julius cesar invades england
- church mixes with politics
What is the “Neck Verses”?
Remnant of medieval law that provided defendants who could prove they were clergymen may insist on being tried by the church instead of the government
Describe the NORMAN PERIOD
Common law cane into effect
What important aspect came from the NORMAN PERIOD ?
The idea of posting bail
Describe “police power”
Any county, city, town, or township may make and enforce within its limits all such police, sanitary, and other regulations as are not in conflict with general laws
Prop 8 article 1 section 28
Relevant evidence shall not be excluded in any criminal proceeding
