Our Legal Heritage Flashcards
A law that developed in English courts establishing the law is the same for all people:
Common law
If a person were found guilty both the accused and accuser would suggest a penalty, the Jury then voted on an appropriate sentence:
Greek Law
Laws that are passed by the government:
Statute Law
Methods of deciding outcomes based on the recorded decisions of similar situations:
Case Law
Constitution of the Iriquois confederacy that outline many of the same principles of justice and fairness found in many modern civil right documents:
The Great Binding Law
The Hebrews law outlined from God in the book of exodus in the Jewish-Christian bible:
Mosaic Law
The area of law that deals with legal relationships between individuals and organizations also known as private law:
Civil Law
Body of public law in Canada that deals with the distribution and exercise of powers of the government establishes the paramount legal principles and standards:
Constitutional Law
Mosaic Law is important because it’s the root of which 3 main religions:
Judaism, Islam, Christianity
The system that has the most influence on Canadian Law:
British Law
Popular because it’s non-technical style made the law accessible to the public and made men and women more or less equal:
French Law
How are rules not like laws?
- Rules aren’t enforced by government
- Laws apply to everyone whereas rules do not
- Ex of rule: don’t wear hats in classroom or at dinner table
- Ex of law: stop at the stop signs and wear seat belts
3 parts to Rule of Law:
- individuals most accept that law is necessary to regulate society and function properly
- law applies to everyone equally: to Mrs Wagner or Justin Trudeau
- nobody can take our rights away
Hammurabi’s Hierarchy of power:
- Gods
- Kings
- Men/Males
- Woman/Wives
- Children
- Poor/Peasants
- Slaves
What is the difference between how women were esteemed in Hammurabi:
Women had no rights, they were regarded as husbands property, a possession.
What is the difference between how women were esteemed in France after the French Revolution:
More or less equal to men, but not totally. Ex, Affairs- if a woman had an affair her husband could divorce her whereas if a man had an affair the woman could only demand a divorce if the mistress moved in with them.
What is the difference between how women were esteemed in Iriquois before the 1900’s:
Women ran the show: Matriarchal were in charge.
What is the difference between the adversarial system and inquisitorial system:
Adversarial: 2 lawyers in a court room, a verbal dual use their wit to battle: in North America to an impartial judge or jury. Similar to trial by combat but with skill and mental ability. Brains rather than bronze than brons. Lawyers find evidence.
Inquisitorial: exist today in lots of parts of Europe. Judges are actively involved in finding witnesses and evidence.
Why are artists hired for courtrooms?
To sketch the courtroom because cameras/pictures are not allowed in the courtrooms. Flashes from cameras are too distracting.
3 good reasons to study law:
- Know your rights and responsibilities as a Canadian citizen
- If you want to get into an occupation such as police, lawyer, etc.
- understand how the system works
- to live together peacefully
Trial by Oath Helping:
Where people swore on Oath on the Holy Bible to help out a friend or family member that was in trouble with the law. It worked because people believed in God, cored, and feared Gods punishment if they lied.
I am the Iroq sun-God. Who am I?
Shamash
I am the most famous Greek philosopher that taught by asking questions. Who am I?
Socrates
We are poor folk with no rights in Greece. Who are we?
Plebeians
Special Greek citizens with all the rights and privileges. Who are they?
Athenians
We are the ruling class in Rome, Italy. Who are we?
Patricians
I am a foreigner, not a natural citizen where am I living. Who am i?
Aliens
The Hebrew leader that received laws from God on tablets of stone. Who was he?
Moses
I am the famous Egyptian mountain where the 10 commandments were given out. What am I called?
Sanai
My name is synonymous with justice. Byzantine Emperor that commissioned 1600 books of Roman Law which formed the basis of civil law. Who am I?
Justinian