Historical Legal Systems and Their Origins

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Questions and Answers

What was a major responsibility of citizens in ancient Greece?

  • Voting and serving on juries (correct)
  • Owning land and property
  • Participating in religious ceremonies
  • Paying taxes to the government

Which aspect of governance did ancient Greek democracy heavily emphasize?

  • Military leadership
  • Citizen involvement in running the country (correct)
  • Royal succession
  • Religious authority

How was the concept of democracy first established?

  • Via military conquests
  • Through economic trade agreements
  • By promoting citizen participation (correct)
  • Through monarchy and aristocracy

What does the term 'democratic society' in the Greek context imply?

<p>A society where citizens have a say in government (B)</p> Signup and view all the answers

Which of the following is NOT an element associated with ancient Greek democracy?

<p>Civil service appointments (B)</p> Signup and view all the answers

What principle does the Magna Carta establish regarding the law?

<p>The law applies equally to all individuals, including the king. (C)</p> Signup and view all the answers

How many clauses from the Magna Carta are still applicable today?

<p>5 clauses (D)</p> Signup and view all the answers

What was a significant outcome of the establishment of Parliament after the Magna Carta?

<p>It brought the political and legal world into closer contact. (B)</p> Signup and view all the answers

Who prepares the bills that are presented in Parliament?

<p>Lawyers (C)</p> Signup and view all the answers

Which of the following statements about the rule of law is false?

<p>Only politicians can influence the making of laws. (D)</p> Signup and view all the answers

What is the purpose of the Rule of Law in business dealings?

<p>To provide a framework for legal consistency. (B)</p> Signup and view all the answers

What aspect of modern law can be traced back to Greek law?

<p>The introduction of a jury system (C)</p> Signup and view all the answers

Which best describes the structure of Feudalism?

<p>A strict hierarchy with a monarch at the top. (D)</p> Signup and view all the answers

What does the legal system established by the Magna Carta prohibit?

<p>Taxation without the consent of the governed. (B)</p> Signup and view all the answers

What was a primary function of lawyers in the legislative process?

<p>To advise cabinet on constitutional matters. (B)</p> Signup and view all the answers

What is a key characteristic of precedent in law?

<p>Higher court decisions must be followed by lower courts. (A)</p> Signup and view all the answers

Which historical period is associated with the development of Feudalism?

<p>The Medieval period. (C)</p> Signup and view all the answers

During which year was the Magna Carta signed?

<p>1215 (B)</p> Signup and view all the answers

What does case law primarily serve to record?

<p>Rules applied to future cases. (C)</p> Signup and view all the answers

Which of the following is a characteristic of statute law established from the Magna Carta?

<p>It involves public participation in law-making. (D)</p> Signup and view all the answers

What role do judges play in the precedent system?

<p>They must judge similar cases in the same way. (D)</p> Signup and view all the answers

What is a significant outcome of establishing a system of precedent?

<p>Greater predictability in legal outcomes. (C)</p> Signup and view all the answers

Who was responsible for the early development of case law in England?

<p>Henry II. (A)</p> Signup and view all the answers

What is one function of recorded case law?

<p>It helps lawyers and judges reference past decisions. (B)</p> Signup and view all the answers

Which statement about the marketplace under Roman law is true?

<p>Business transactions were heavily influenced by written laws. (A)</p> Signup and view all the answers

What was a significant impact of the Code of Hammurabi?

<p>It moved the rule of law into public knowledge. (C)</p> Signup and view all the answers

Which aspect of Hebrew/Mosaic Law is emphasized in the information?

<p>It focused on the roles and regulations for a righteous life. (D)</p> Signup and view all the answers

What was a unique feature of Roman Law as described?

<p>It ensured everyone played on an equal level. (D)</p> Signup and view all the answers

Which law is connected to the principle 'eye for an eye'?

<p>Code of Hammurabi (A)</p> Signup and view all the answers

What was one of the functions of the Hebrew/Mosaic Law?

<p>It acted as a framework for worship. (B)</p> Signup and view all the answers

Which of the following periods is associated with the Code of Hammurabi?

<p>1792-1750 BCE (A)</p> Signup and view all the answers

What is a commonality between the impacts of the Code of Hammurabi and Hebrew/Mosaic Law?

<p>Both laws influence modern legal systems significantly. (C)</p> Signup and view all the answers

How did Roman Law contribute to modern legal systems?

<p>It developed civil laws from biblical teachings. (A)</p> Signup and view all the answers

Which of the following laws emphasized the importance of following the Ten Commandments?

<p>Hebrew/Mosaic Law (A)</p> Signup and view all the answers

What societal role did Moses play in the context of Hebrew/Mosaic Law?

<p>He was a prophet delivering divine laws. (A)</p> Signup and view all the answers

Flashcards

Democracy

A system of government where citizens have the power to make decisions, usually through voting.

Citizen

A person living in a particular country or city who has certain rights and responsibilities.

Jury

A group of people who are chosen to judge a case in court.

Democratic Society

A form of government where everyone has equal rights and opportunities.

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Voting

The process of choosing a leader or making a decision by voting.

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Code of Hammurabi

The earliest recorded law, created by the King of Babylon in ancient Mesopotamia (present-day Iraq). It covered aspects like theft, murder, taxes, trade, and punishments. It set a precedent for the rule of law, making laws public knowledge and establishing the idea of "eye for an eye" punishments.

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Hebrew/Mosaic Law

A set of religious laws based on 10 commandments, believed to have been given to Moses on Mount Sinai in ancient Egypt. It provided guidance on righteous living, worship, and social interactions.

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Roman Law

A legal system developed in ancient Rome that emphasized equality and fairness. It introduced ideas like the right to a fair trial, the presumption of innocence, and the importance of written evidence.

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Rule of Law

The principle that everyone, including those in power, are subject to the same laws. This ensures fair treatment and prevents arbitrary rule.

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Impact of Historical Legal Systems on Canada

The impact of past legal systems and principles on the development of Canadian Law. This includes concepts like the rule of law, emphasis on fairness, and use of written laws.

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Feudalism

A system of government in Europe during the middle ages where land ownership was hierarchical, with the monarch at the top and vassals holding land in exchange for loyalty and service.

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Precedent

The practice of using past court decisions as a basis for making new judgments in similar cases.

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Case Law

A system of law that is based on recorded judicial decisions, which are used to guide future judgments in similar cases.

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Civil Law

A legal system based on written laws, such as codes and statutes, rather than on precedents.

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Common Law

A system of law that is based on precedent, which means that judges are bound by past decisions in similar cases.

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Religious Law

A system of law that is based on religious principles and teachings, such as Islamic law or Jewish law.

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International Law

A body of rules that governs relations between different nations, including treaties, customs and international organizations.

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Magna Carta

A historical document signed in 1215 by King John of England, outlining basic rights and limitations on the king's power.

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Statute Law

A set of laws passed by a parliament or legislative body. It is how countries create and change their legal rules.

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Parliamentary Lawmaking

The process of creating laws through the parliament. Involves researching, debating, voting, and ultimately passing laws.

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Parliament

A group of people who are elected to represent the population and make laws for the country.

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Lawyers in Lawmaking

Legal professionals who draft and advise on proposed laws. They play a vital role in ensuring that the laws are consistent and enforceable.

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Greek Law

The first known form of democratic law in ancient Greece. Included aspects like juries, trials, and representation.

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Jury system

A group of individuals chosen to hear evidence and decide a verdict in a legal trial.

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Study Notes

Historical Groups/Codes and Their Origins

  • Code of Hammurabi: Developed in ancient Mesopotamia (modern Iraq), around 1792-1750 BCE. It was one of the earliest recorded legal systems.
  • Hebrew/Mosaic Law: Originated around 1250-1210 BCE when Moses descended from Mount Sinai (modern-day Egypt). The law was based on religious principles, including the Ten Commandments.
  • Roman Law: Developed between 450 – 100 BCE in the Eastern Mediterranean, particularly around Jerusalem. It emphasized a system of laws that applied equally to all people in the empire.
  • Feudalism: A system that developed between the 5th and 15th centuries in Europe, particularly during the Middle Ages. It focused on protecting land ownership with established hierarchies.
  • Precedent: A legal tradition that developed in the 16th century in England, where judges based future decisions on previously recorded decisions and cases.
  • Case Law: Also developed in England starting around 1150-1160 and the time of King Henry II, it involves recording cases, enabling judges to use past outcomes to decide current disputes.
  • Magna Carta: A document signed by King John in 1215 England, it addressed issues of law, creating a foundational legal system which limited the King's power with regards to lawmaking and taxation.

Origins of Law: Main Features

  • Earliest Recorded Laws: Early laws were often written, often by the king.
  • Written laws by Kings: Kings frequently established legal codes reflecting their authority.
  • Public Knowledge & Accessibility: Laws were made public, not only for the benefit of the population but also to enhance understanding of the system.
  • Codes of Conduct: Laws often incorporated religious and social duties.
  • Equal Application: Some legal systems aimed for laws to be applicable to all groups.
  • Protection of Land & Property Ownership: Emphasis on property rights and hierarchy regarding landownership led to specific rules.
  • Principle of Precedent: The importance of past judgments for guiding current legal outcomes.
  • Theft and Murder: Common offenses defined and punished in various ancient systems.
  • Taxes & Trade: Laws impacted taxes and economic activities.
  • Punishments: Forms of punishment varied and reflected societal views.
  • Rights & Duties: Early laws established rights and duties for individuals and within groups.
  • Religious Laws: Links between law and religious beliefs were strong, and were frequently the base for rules and regulations.
  • Foundations of Law: Modern Canadian law draws principles from historical legal systems.
  • Principles of Accountability & Justice: Historical legal frameworks shaped principles of accountability, justice, and ethical behavior.
  • Current Legal Systems: Still uses many similar principles and procedures, such as the roles of judges, lawyers, and the recording of legal decisions.

Ancient Greek Law

  • Democracy (400 BCE): Foundational to Greek governance, encouraging citizen involvement in their legal system.
  • Citizen Participation: This involvement shaped legal and judicial decisions.

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