Law Flashcards

1
Q

Laws were heavily based on Christian…

A

Teachings and the bible

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2
Q

Bible scripture was translated into law by…

A

Theologians

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3
Q

The equivalent to a modern contract was…

A

Swearing on God

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4
Q

Gender-bias in religious law came mostly from…

A

The book of genesis, the story of original sin, and the idealisation of Virgin Mary

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5
Q

The Book of Genesis contributed to gender bias in religious law because…

A

It told the story of Adam and Eve, which painted women as evil or easily led astray

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6
Q

The story of original sin contributed to gender bias in religious law because…

A
  • it was transferred via sex and was a hereditary sin
  • women were seen as temptation to sin because of Eve
  • led to female adulterers being executed or sent to a nunnery
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7
Q

The Law’s Resolution of Women’s Rights was written in…

A

1632 and based off of medieval law codes

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8
Q

Section III of the Law’s Resolution of Women’s Rights was…

A

The punishment of Adams sinne:

  • based on Genesis
  • said women had no voice in parliament and were owned by their husbands
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9
Q

Section IV of the Law’s Resolution of Women’s Rights stated…

A

The ages of women:

-the ‘special’ ages of women in the law

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10
Q

According to section IV of the Law’s Resolution of Women’s Rights, the special ages of a women were…

A
  • 7: her father can tax his tenants for dowry money
  • 9: she is able to deserve and have a dowre
  • 12: can consent to marriage and be married
  • 14: to be outside warship with some legal responsibility
  • 16: has the right to refuse marriage
  • 21: can make of take a feoffement
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11
Q

The Magna Carta was written in…

A

1215

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12
Q

Clauses 2-5 of the Magna Carta are about…

A

Recognising the inheritance rights of heirs and heiresses, including those too young to inherit and manage their own estates

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13
Q

Clause 6 of the Magna Carta stated that…

A

Heirs may be given in marriage by their guardians but it must be socially suitable and notice must be given to the heir’s relatives

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14
Q

Clause 7 of the Magna Carta states that…

A

When widowed a women shall receive her dower and inheritance immediately and not have to pay for it, and that she may remain in her marital home for forty days after her husband’s death

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15
Q

Clause 8 of the Magna Carta states that…

A

No widow shall be forced to remarry but must gain consent from whomever she is a tenant of if she does wish to

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16
Q

Clause 11 of the Magna Carta states that…

A

The widow of a man owing debt to the Jews shall not pay it from her inheritance as it will be payed off from the balance of the estate

17
Q

Glanville’s Common English Law was written between…

A

1187-1189

18
Q

Book VI of Granville’s Common English Law covered…

A

Dowry

19
Q

Book VI of Granville’s Common English Law describes dowry as…

A

That which any man gives to his bride at the church door. Every man is bound by Ecclesiastical law to endow his bride. Dower can only consist of one third of a man’s property/land and if he endows more it shall be reduced.

20
Q

Book IV, chapter 2 of Granville’s Common English Law states that…

A

If a man gains more property/estate he can enlarge his wife’s dower to fit a third but only if that is agreed at the time of marriage. If a woman is satisfied with her dower at the church door she cannot ask for more.

21
Q

Book IV, chapter 3 of Granville’s Common English Law states that a women cannot…

A

Use her dower whilst her husband is alive as both are owned by the husband until his death. He can sell her dower and she cannot oppose.

22
Q

Book VII of Granville’s Common English Law is on the subject of…

A

Lawful heirs, and bastards, male or female, of full age or minors; and of the custody and privilege of minors; and concerning ultimate heirs, who are the lords when the fee falls into their hands; and of the heirs of interstates; and of ancestors; and of their testaments and debts, all of which their heirs are bound to warrant.

23
Q

Book VII, chapter 3 of Granville’s Common English Law states that…

A

A man’s nearest heirs are his sons and daughters and his remote heirs are his grandsons and grand-daughters. If he has one daughter as his heir she inherits everything but if he has more it is divided equally. If there is one son and many daughters, the son gets everything.

24
Q

A serf was…

A

A lifelong legal identity, though freedom could theoretically be bought. They had more taxes but a free cottage and land to farm.

25
Q

An aristocrat was…

A

Considered more refined and cultured than serfs. Aristocrat men could rape serf women without legal issue.

26
Q

A free peasant was…

A

Someone that had either bought freedom or escaped to a town with a charter of freedom. Legally free women technically produced free children.