What Is The Law Flashcards
Stages 1&2 in the Growth of Law
Individuals take revenge for wrongs done to them
Leader had power to force revenge minded individuals to accept an award of goods or money instead
Law
Rules of conduct in a society
Reflects culture and circumstances that create them
Grouped in an organized form (code)
Similarities between codes of civilizations
Stages 3&4 Growth of Law
Leader gives power to enforce options for the revenge minded individuals to a system of courts
Leader or central authority acts to prevent and punish wrongs that provide individuals to seek revenge
Laws
Reflect wisdom or lack of their creators
-legal system too controlling and unwilling to change with the people needs to be overthrown
Common law
Based on customs/current standards of people
Positive law
Dictated from a sovereign or other central authority to prevent disputes
History of legal system
English Common Law
Roman Civil Law
Roman Civil Law
Comprehensive set of statutes in code form
Laws changed by central government
Louisiana only state with this
English common law
Other 49 states have this
Achieves uniformity while maintaining the ability to adapt to changes in society
Served as a model for legal systems worldwide
Jurisdiction
Power to decide a case
Jury
Citizens from each region to interpret the regions customers for the court
Kings bench
- Judge appointed by the king from a group of trusted nobles
- Judges ordered wrongdoers pay with money or goods to the parties they injured
Precedent
Courts use prior cases as a guide for deciding similar new cases
Equity
Fairness
Legal recourse
Avenues of legal action available to the citizen
