The History of Law

Question 1

How did ancient tribal societies use “law”

Answer 1

had STANDARDS of behaviour that let them live in peace, very FEW RULES, not written, passed by WORD OF MOUTH (you knew everyone)

Question 2

What punishment was used in ancient tribal societies?

Answer 2

one common punishment for all crimes: SHAME for lesser crimes (including branding to identify criminals) and BANISHMENT for serious crimes (can mean certain death). there was a FEAR of being OSTRACIZED from the community that KEPT PEOPLE IN LINE.
prisons were NOT SUSTAINABLE

Question 3

What is the Ma’at in ancient Egypt?

Answer 3

LEGAL SYSTEM of Egypt. Was based on the common sense of doing RIGHT and WRONG, written in codes. they stand for TRUTH, JUSTICE, and BALANCE

Question 4

How did the legal system work in ancient Egypt?

Answer 4

All citizens were EQUAL, while the KING was the supreme JUDGE and LAWMAKER. Pharaoh was head of CHURCH AND STATE, a living GOD (punishment was severe, against your mortal soul). arguments were presented in COURT with a JUDGE, used EVIDENCE and TESTIMONY.

Question 5

What punishment was used in ancient Egypt?

Answer 5

you suffered not only mans law but GOD’S LAW (from Pharaoh). CORPORAL punishment of WHIPPING or bleeding CUTS used as BRANDS (for severe cases). thieves must return goods and were FINED TWICE the value.

Question 6

What did Hammurabi give us?

Answer 6

WRITTEN LAWS

Question 7

Explain Babylon’s first laws.

Answer 7

Called the CODE of HAMMURABI. created when Babylon became a trading center. laws CARVED in STONE in center of the city, written in CUNEIFORM and as PICTURES for those who could not read. Written laws were used as PERMANENT REFERENCE (essential for laws to work)

Question 8

What was the punishment for breaking the Code of Hammurabi?

Answer 8

NO DISTINCTION between ACCIDENTAL and DELIBERATE acts (actus reus and mens rea). punishment was SEVERE (an eye for an eye). People were punished once tried and found guilty.

Question 9

What did Religion (Hebrew/ Mosaic Law) give us?

Answer 9

basic LAWS of FUNDAMENTAL IMPORTANCE (thou shall not…)

Question 10

Explain Hebrew/ Mosaic Law?

Answer 10

Based on the 10 COMMANDMENTS. were the Laws of God. EYE for an EYE, but distinguished between ACCIDENTAL and DELIBERATE acts (punishment for the guilty). EVOLUTIONARY step towards justice.

Question 11

What did ancient Greece give us?

Answer 11

DEMOCRACY and a JURY [system]

Question 12

What did Draco do in Greece?

Answer 12

created the FIRST WRITTEN LAWS of ancient Greece. Laws were HARSH, good in theory but in practice were harsh.

Question 13

What did Solon do in Greece?

Answer 13

ALTERED Draco’s laws and “DEMOCRATIZED” the justice system. made the COURTS more ACCESSIBLE to citizens (made the system better).

Question 14

How did the first democracy (in Greece) work?

Answer 14

All citizens EQUAL before the law. First JURY SYSTEM (up to 1000 people). people judged by FELLOW CITIZENS through a VOTE. used DISCS (solid=innocent, hole=guilty, “hole in story”)

Question 15

What are the pros and cons of the first Greek democracy?

Answer 15

pros: people HEAR and DECIDE cases

cons: NO DISCUSSION to reach a verdict, can be BIASED (friend or family on the jury, bribery “vote for me”)

Question 16

What were the requirements to be a part of democracy in ancient Greece?

Answer 16

you must be a MAN, must OWN LAND (only rich people), and must be GREEK

Question 17

What punishment was used in ancient Greece?

Answer 17

punishment was HARSH, even GODS MUST OBEY the laws (stories of Gods being punished are cautionary tales, Atlas holds the world on his back)

Question 18

What did Rome give us?

Answer 18

LAWYERS and a CRIMINAL CODE

Question 19

Who were advocates and what did they do (in Rome)?

Answer 19

essentially LAWYERS, taught and trained to INTERPRET the law. fulfilled their role for free, part of their CIVIC DUTY. usually the 4th or 5th son (first gets business, second is military, third is church)

Question 20

What is the Justinian Code?

Answer 20

a way to SIMPLIFY, ORGANIZE, and CODIFY laws (similar to the criminal code). was more clear and organized than the Code of Hammurabi. broken down into SUBSECTIONS, people SPECIALIZED in different sections.

Question 21

What happened during the dark ages?

Answer 21

ROME FALLS (so big they couldn’t keep up, empire is DIVIDED in half, WEAK and taken over, NO KNOWLEDGE PRESERVED), all is LOST, LAWLESSNESS

Question 22

What is the hierarchy early English Law created?

Answer 22

Kings

lords

clergy, military, vassals-all same level

Question 23

What is trial by ordeal?

Answer 23

England believed GOD would SAVE THE INNOCENT. “TESTS” were used to prove this

Question 24

What are the four trials by ordeal?

Answer 24

trial by COMBAT, trial by WATER, trial by HOT IRONS, trial by BREAD AND CHEESE

Question 25

What is trial by combat?

Answer 25

FIGHT to prove innocence (that God is on your side). RICH men fought to the first CUT, POOR men fought to the DEATH.

Question 26

What is trial by water?

Answer 26

used for WOMEN (‘witches’). if you FLOAT you are GULITY (and executed), if you SINK, you are INNOCENT.

Question 27

What is trial by hot irons?

Answer 27

BURNED on your arm (natural instinct is to put water on it). if burns become INFECTED, you are GUILTY, if you survive with NO INFECTION, you are INNOCENT (God is on your side).

Question 28

What is trial by bread and cheese?

Answer 28

reserved for the UPPER CLASS. you ATE bread and cheese (with no water), then spoke verses from the bible. if you SPEAK CLEARLY you are INNOCENT, if you MUMBLE you are GUILTY.

Question 29

What did England give us?

Answer 29

COMMON LAW, EQUALITY, and EQUITY

Question 30

What is Magna Carta?

Answer 30

1215 DOCUMENT making all men EQUAL under the law, KINGS were NO LONGER ABOVE the law. LAW TRUMPED GOD.

Question 31

what is the Divine Right of Kings?

Answer 31

MENTALITY that any monarch could DO AS THEY PLEASE because GOD gave them the POWER (like Pharaoh)

Question 32

what is the Rule of Law?

Answer 32

(still exists in Canada) all people are TREATED EQUALLY under the law, NO ONE IS ABOVE the law (Magna Carta)

Question 33

what is the Common Law system?

Answer 33

LEGAL SYSTEM takes on a greater POSITION OF AUTHORITY. LAWS and JUDGES have greater INFLUENCE (not just Kings and Queens). created the idea of PRECEDENTS

Question 34

what is a Precedent?

Answer 34

a LEGAL DECISION or CASE serving as a GUIDE or justification in FUTURE CASES

Question 35

what did common law and precedents establish?

Answer 35

UNIFORMITY:
SIMILAR cases have SIMILAR DECISIONS

PREDICTABILITY:
lawyers can ADIVSE clients as to the PROBABLE RESULT of a a case

IMPARTIALITY:
judge will NOT be BIASED about a case as the decision will be based on past cases

Question 36

What did France give us?

Answer 36

CIVIL LAW and the INQUISITORIAL TRIAL SYSTEM

Question 37

What is Civil Law?

Answer 37

type of law in which all laws are CODIFIED in STATUTES. Written down. Enacted by Napoleon, it was an INQUISITORIAL TRIAL SYSTEM (rather than ADVERSARIAL). MODERNIZED the legal system. wanted lawyers to ASK QUESTIONS (rather than point fingers or intimidate). religion has LESS POWER in justice

Question 38

what is Inquisitorial and Adversarial trial systems?

Answer 38

inquisitorial: uses INVESTIGATION and EXAMINATION of EVIDENCE, the court investigates the case

adversarial: uses COMPETITION between the PROSECUTION and DEFENCE, court is there as a ‘referee’

Question 39

what did Native Canadians give us?

Answer 39

ALTERNATIVE DISPUTE RESOLUTIONS and SENTENCING CIRCLES

Question 40

how did Native Canadian legal systems work?

Answer 40

laws based on ORAL TRADITION (passed down by word of mouth). believed that HIERARCHY BREEDS CONFLICT. legal system was SIMILAR in terms of basic principles. they had new forms of ALTERNATIVE DISPUTE RESOLUTIONS

Question 41

how did Native Canadian sentencing work?

Answer 41

SENTENCING CIRCLES: ALL PARTIES involved in an incident have A SAY in the outcome/ punishment of the guilty party. gives INJURED PARTIES POWER (rather than just feeling like a victim). take a LOT OF TIME (not time and cost efficient, since so many cases come through)