Questions and Answers
What is the primary focus of Workshop 1: Introduction to law?
The unique characteristics of law
What is the title of the mandatory reading for Workshop 1?
Law: A Very Short Introduction
What is the approximate year of the Code of Hammurabi?
1760 BC
What are the specific pages of the mandatory reading for Workshop 1?
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What is the main learning goal at the end of Workshop 1?
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What did King Hammurabi receive according to the text?
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Which legal reform was aimed at repairing the morality of Athens?
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Which event declared school segregation unconstitutional and established that separate school systems were not equal?
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Which legal concept emphasizes inherent rights and morality?
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Which legal document introduced the concept of 'innocent until proven guilty' and included the death penalty?
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Which legal event focused on restorative justice, documentation of crimes, and holding perpetrators accountable?
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What is the key characteristic of modern democratic society that represents the supremacy of law over arbitrary power?
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Which legal tradition involves the court in establishing facts?
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What is the main difference between civil law and common law?
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What does the Universal Criminal Code define as robbery?
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What was the main issue in the Biff's Bus case?
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What were the conditions for false imprisonment outlined in the Universal Criminal Code?
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What was the only condition not fulfilled in the case of false imprisonment discussed in the summary?
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Which branch of law regulates agreements, redresses wrongs, and determines ownership and rights?
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What principle do anti-doping rules in sports law follow?
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Which branch of law addresses government functions, official powers, and criminal acts deemed punishable?
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Which type of law covers relationships between individuals and groups?
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What does public international law focus on?
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What is essential for navigating the legal system effectively?
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What is the primary source of determination for common law?
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What is the primary role of precedent in common law?
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What is the key characteristic of the adversarial system in common law?
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What does the inquisitorial system prioritize?
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What influences the choice between an adversarial or inquisitorial system?
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What is the term 'law' used to refer to in the English language?
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Study Notes
Overview of Common Law, Legal Systems, and Separation of Powers
- Common law primarily determined by cases, not texts, and has evolved over time through gradual historical development, stemming from royal justice and the feudal system.
- Key common law cases include Donoghue v Stevenson, Carlill v Carbolic Smoke Ball Company, Roe v Wade, and Brown v Board of Education.
- Precedent is supreme in common law, with authoritative and persuasive precedents guiding legal reasoning and decision-making.
- Historically, specific writs were required for particular actions in common law, and different actions are available to individuals for various areas of the law.
- In the adversarial system of common law, the court acts as a neutral referee between opposing parties, with juries common in criminal trials.
- Adversarial and inquisitorial systems are two different approaches to conducting legal proceedings, each with distinct characteristics, advantages, and disadvantages.
- Adversarial system emphasizes due process, protection of individual rights, legal representation, and checks and balances, but can be resource-intensive and incentivize winning at all costs.
- Inquisitorial system prioritizes efficiency, fact-finding, and equal access to evidence, but may raise concerns about potential bias and limited adversarial input.
- No system is entirely adversarial or entirely inquisitorial, and many legal systems worldwide incorporate elements of both approaches to varying degrees.
- The choice between an adversarial or inquisitorial system often reflects a jurisdiction's legal and cultural traditions, with each system having strengths and weaknesses.
- The text discusses how to determine what one can, cannot, and must do, where to find the rules that govern behavior, and what happens if some rules seem to contradict each other.
- The English language uses the term ‘law’ to refer to both a legally binding rule and the field of knowledge dealing with those rules, and the separation of powers is necessary for a democratic society to exist.
