Law Test Long Answers Flashcards
What is primary law?
The verbal passing on of stories and laws that are eventually written down.
It is the first knowledge ever given/had.
Influenced our idea and values about law over hundreds of years.
What are examples of primary law?
Customs, conventions, religious doctrines, social and philosophical views.
What is secondary law?
Law and cases that were codified/written down in response to cultural, religious and philosophical values.
What are examples of secondary sources of law?
The constitution, legal statues, judicial writings and decisions.
What is the rule of law/magna carta and who signed it?
King John signed the Magna Carta In 1215.
States….
1. Law is necessary for an orderly society
2. The law applies to everyone equally.
3. A persons legal rights will not be taken away expect in accordance with the law.
Who was Thomas Hobbs?
Proposed a new purpose to law - to rule over the state/people to maintain law and order.
Purpose of the government was to control people to avoid war and destruction.
CONSERVATIVE
Created the leviathan (book)
Who is John Locke?
Believed if the king violated natural rights, then people were justified in rebelling.
NATURAL RIGHTS: life, liberty, and property - no person should deny these rights to another.
Through consent of the people the government was given authority to control the state and preserve these rights by enforcing rules and penalties, aka democracy.
LIBERALLL!!!!
The principle of following legal rules establish in previous court cases (if similar) is called….
Precedent
Is precedent common or civil law?
Civil law
What is common law?
Law that is based on judicial decisions as opposed to areas of law governed mostly by statues.
Unwritten laws based on legal precedents!!!!
ie. Case law and judicial decisions.
Made up of …
1. Statue law (written)
2. Case law (court decision)
3. Customs and conventions (unwritten)
