Podcast
Questions and Answers
Which of the following legal codes is known for being one of the first to introduce the concept of 'innocent until proven guilty'?
Which of the following legal codes is known for being one of the first to introduce the concept of 'innocent until proven guilty'?
- Code of Hammurabi (correct)
- The Twelve Tables
- Justinian's Corpus Juris Civilis
- Solon's Laws
Which legal reform aimed to help repair the 'morality' of Athens?
Which legal reform aimed to help repair the 'morality' of Athens?
- The Twelve Tables
- Code of Hammurabi
- Solon's Laws (correct)
- Napoleonic Civil Code
Which legal code is associated with the Romans and aimed to resolve disputes between different social ranks?
Which legal code is associated with the Romans and aimed to resolve disputes between different social ranks?
- Solon's Laws
- Code of Hammurabi
- Justinian's Corpus Juris Civilis
- The Twelve Tables (correct)
Which legal code is also known as the French civil code?
Which legal code is also known as the French civil code?
Which legal code is associated with Babylonian king Hammurabi and includes rules on family law, professional contracts, and administrative law?
Which legal code is associated with Babylonian king Hammurabi and includes rules on family law, professional contracts, and administrative law?
Which legal code is associated with extensive legal reforms covering private and public life with the goal of repairing the 'morality' of Athens?
Which legal code is associated with extensive legal reforms covering private and public life with the goal of repairing the 'morality' of Athens?
Which legal event played a significant role in prosecuting Nazi leaders for war crimes and crimes against humanity?
Which legal event played a significant role in prosecuting Nazi leaders for war crimes and crimes against humanity?
Which legal concept emphasizes the importance of the rule of law in modern democratic societies?
Which legal concept emphasizes the importance of the rule of law in modern democratic societies?
What was the impact of the Brown v. Board of Education (1954) case?
What was the impact of the Brown v. Board of Education (1954) case?
Which legal debate focused on the distinction between natural law and legal positivism?
Which legal debate focused on the distinction between natural law and legal positivism?
What is the focus of the Truth and Reconciliation Commission in South Africa (1996)?
What is the focus of the Truth and Reconciliation Commission in South Africa (1996)?
What did the Civil codes in Europe and globally serve as models for?
What did the Civil codes in Europe and globally serve as models for?
What does private law primarily cover?
What does private law primarily cover?
Which type of law focuses on relationships between individuals and the state or government?
Which type of law focuses on relationships between individuals and the state or government?
What is the primary focus of public international law?
What is the primary focus of public international law?
In legal analysis, what is essential for effective problem-solving?
In legal analysis, what is essential for effective problem-solving?
What is necessary for convincing the court of alleged facts in a case?
What is necessary for convincing the court of alleged facts in a case?
What is crucial for effectively addressing legal problems and understanding the legal system?
What is crucial for effectively addressing legal problems and understanding the legal system?
What is the most essential binding section of a case in common law?
What is the most essential binding section of a case in common law?
In common law, what do arguments often revolve around?
In common law, what do arguments often revolve around?
What is the role of judges and juries in an adversarial system in common law?
What is the role of judges and juries in an adversarial system in common law?
What is the primary emphasis of an adversarial system in common law?
What is the primary emphasis of an adversarial system in common law?
What is the primary emphasis of an inquisitorial system in legal proceedings?
What is the primary emphasis of an inquisitorial system in legal proceedings?
What do both adversarial and inquisitorial systems in legal proceedings incorporate?
What do both adversarial and inquisitorial systems in legal proceedings incorporate?
According to the Universal Criminal Code, when is false imprisonment established?
According to the Universal Criminal Code, when is false imprisonment established?
If a statute is silent on the meaning of a term, where would you look for the authoritative definition?
If a statute is silent on the meaning of a term, where would you look for the authoritative definition?
What would be the legal problem(s) in the case of Biff's Bus?
What would be the legal problem(s) in the case of Biff's Bus?
What are the features of the civil law tradition?
What are the features of the civil law tradition?
What are the features of the common law tradition?
What are the features of the common law tradition?
What is the primary source of laws in the civil law tradition?
What is the primary source of laws in the civil law tradition?
In the civil law tradition, what are the outlined features?
In the civil law tradition, what are the outlined features?
What is the Universal Criminal Code (UCC) 1900, Section 26 (1) cited for?
What is the Universal Criminal Code (UCC) 1900, Section 26 (1) cited for?
What is the role of judges in the common law tradition?
What is the role of judges in the common law tradition?
What is the emphasized historical background in the civil law tradition?
What is the emphasized historical background in the civil law tradition?
What is the Universal Criminal Code, Section 4(1) presented for?
What is the Universal Criminal Code, Section 4(1) presented for?
What is the focus of the common law tradition?
What is the focus of the common law tradition?
Flashcards
Common Law
Common Law
The principle of following previous court decisions at the same or higher level.
Authoritative Precedent
Authoritative Precedent
The binding part of a court case that must be followed.
Persuasive Precedent
Persuasive Precedent
Non-binding aspects of legal reasoning that can be considered.
Writs
Writs
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Adversarial System
Adversarial System
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Inquisitorial system
Inquisitorial system
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Universal Criminal Code (UCC) 1900, Section 26 (1)
Universal Criminal Code (UCC) 1900, Section 26 (1)
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Civil law
Civil law
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Common law tradition
Common law tradition
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Features of the Civil Law Tradition
Features of the Civil Law Tradition
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Common Law Tradition foundation
Common Law Tradition foundation
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Historical Background on Civil Law Tradition
Historical Background on Civil Law Tradition
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Role of judges in civil law
Role of judges in civil law
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Rights and remedies in civil law
Rights and remedies in civil law
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Uncodified nature of common law
Uncodified nature of common law
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Historical development of common law
Historical development of common law
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Study Notes
Overview of Common Law, Precedent, Legal Systems, and Sources of Law
- Common law requires abiding by court's previous decisions at the same or higher level
- Authoritative precedent is the most essential binding section of a case
- Persuasive precedent are relevant elements of legal reasoning that can be relied upon but not necessarily critical
- Arguments in common law often revolve around the extent to which past precedent applies
- Different writs were historically required for specific legal actions
- Role of judges and juries in common law: adversarial process with neutral judge and jury in criminal trials
- Adversarial system involves contests between opposing parties presented to a neutral judge or jury
- Adversarial system emphasizes due process, legal representation, and checks and balances
- Adversarial system can be resource-intensive and incentivize winning at all costs
- Inquisitorial system involves judges taking a more active role in fact-finding
- Inquisitorial system prioritizes efficiency, fact-finding, and equal access to evidence
- Both adversarial and inquisitorial systems have their strengths and weaknesses, and many legal systems incorporate elements of both approaches
Legal Case Studies and Civil Law vs Common Law Tradition
- Two scenarios involving Alfred, Baker, Charlie, and Denise are discussed
- The Universal Criminal Code (UCC) 1900, Section 26 (1) is cited to explain false imprisonment
- Questions for class discussion are provided, related to legal definitions and the case presented
- Another case study involving Biff and Mark, and the relevant rule from the Universal Criminal Code, Section 4(1) is presented
- The workshop discusses the differences between civil law and common law traditions
- Features of the civil law tradition are outlined, such as codification and reliance on legal codes
- The common law tradition is explained as being based on cases and precedent
- Historical background on the civil law tradition is provided, including Roman Law and the Napoleonic code
- The role of judges in applying the law and the limitations of judicial power are discussed
- The concept of rights and remedies in civil law is explained
- The uncodified nature of common law, with an example from the UK, is highlighted
- The historical development of common law and its reliance on cases is explained
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