law questions i need to study Flashcards
Key terms/ideas of Magna Carta
-The Magna Carta stated that the king must follow the law and could not simply rule as he wished.
-All free men have the right to justice and a fair trial with a jury.
-Widows who own property don’t have to remarry.
Key terms/ideas of Roman Law
-the law of the state applied only to its citizens.
Foreigners had no rights and, unless protected by some treaty between their state and Rome, they could be seized like ownerless pieces of property by any Roman.
What is feudalism?
-Feudalism was a system in which people were given land and protection by people of higher rank, and worked and fought for them in return
-The main idea behind feudalism was to create a system in which along with land revenue, a standing army would be created for service
History of feudalism
-Tiered class system of medieval Europe.
-Land owned by someone of higher status was lived on and worked by someone of lower status in return for loyal service.
-King owned the land and divided them among lords. Lords had vassals (aka feudal tenants) of their own who farmed the land and shared the produce with lords and the church and even served in the lords’ army
Why is feudalism bad?
It was unjust. Vassals were given different punishments for the same crime
Ex. One might be sentenced to death while the other had to repay the victim
What is common law?
law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action
Define Stare decicis
The rule in common law that states that lower courts are bound to follow the reasoning used in their prior decisions of huger courts
Define precedent
a prior judicial decision that serves as a rule for settling subsequent cases of a similar nature
Why was common law formed?
King Henry II of England at the time noted the inequity between the decisions of the various lords, so he created stationary courts and appointed a number of judges who travelled throughout England to help solve this problem. This formed the foundation of England’s common law system.
What is civil law?
the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.
Civil Law vs. Common Law
In civil law systems, law is made through legislation alone while in common law, it is made through judicial decisions as well
Judicial precedents aren’t binding in civil law
Precedent
a prior decision made by the courts that binds future court decisions
