36 Questions
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
Which legal reform aimed to help repair the 'morality' of Athens?
Solon's Laws
Which legal code is associated with the Romans and aimed to resolve disputes between different social ranks?
The Twelve Tables
Which legal code is also known as the French civil code?
Napoleonic Civil Code
Which legal code is associated with Babylonian king Hammurabi and includes rules on family law, professional contracts, and administrative law?
Solon's Laws
Which legal code is associated with extensive legal reforms covering private and public life with the goal of repairing the 'morality' of Athens?
The Twelve Tables
Which legal event played a significant role in prosecuting Nazi leaders for war crimes and crimes against humanity?
The Nuremberg Trials (1945-1946)
Which legal concept emphasizes the importance of the rule of law in modern democratic societies?
The principle of the rule of law
What was the impact of the Brown v. Board of Education (1954) case?
Establishing that separate systems were not equal
Which legal debate focused on the distinction between natural law and legal positivism?
The Hart-Fuller debate
What is the focus of the Truth and Reconciliation Commission in South Africa (1996)?
Use of restorative justice and amnesty for Apartheid crimes
What did the Civil codes in Europe and globally serve as models for?
Other legal systems
What does private law primarily cover?
Regulating relationships between individuals or groups in society
Which type of law focuses on relationships between individuals and the state or government?
Public law
What is the primary focus of public international law?
Relationships between states
In legal analysis, what is essential for effective problem-solving?
Considering the facts, applying the law, and understanding the ethical implications
What is necessary for convincing the court of alleged facts in a case?
Providing evidence and legal analysis linked to the case
What is crucial for effectively addressing legal problems and understanding the legal system?
Understanding the distinctions between private and public law
What is the most essential binding section of a case in common law?
Authoritative precedent
In common law, what do arguments often revolve around?
Extent to which past precedent applies
What is the role of judges and juries in an adversarial system in common law?
Neutral judge and jury in criminal trials
What is the primary emphasis of an adversarial system in common law?
Due process, legal representation, and checks and balances
What is the primary emphasis of an inquisitorial system in legal proceedings?
Efficiency, fact-finding, and equal access to evidence
What do both adversarial and inquisitorial systems in legal proceedings incorporate?
Elements of both approaches
According to the Universal Criminal Code, when is false imprisonment established?
When someone intentionally or recklessly confines another person without that person's consent within boundaries from which that person has no reasonable way of escaping, and that person is either aware of the confinement at the time of confinement or else is harmed by the confinement.
If a statute is silent on the meaning of a term, where would you look for the authoritative definition?
In the codes, explanatory notes, and other publishers commenting on the Code.
What would be the legal problem(s) in the case of Biff's Bus?
Whether Biff's actions constitute robbery according to the Universal Criminal Code.
What are the features of the civil law tradition?
Codified laws, inquisitorial process, and emphasis on legal codes.
What are the features of the common law tradition?
Uncodified laws, emphasis on case law, and reliance on precedent.
What is the primary source of laws in the civil law tradition?
Large, broad legal codes.
In the civil law tradition, what are the outlined features?
Reliance on legal codes and codification
What is the Universal Criminal Code (UCC) 1900, Section 26 (1) cited for?
Explaining false imprisonment
What is the role of judges in the common law tradition?
Applying the law based on cases and precedent
What is the emphasized historical background in the civil law tradition?
Roman Law and the Napoleonic code
What is the Universal Criminal Code, Section 4(1) presented for?
In another case study involving Biff and Mark
What is the focus of the common law tradition?
Being based on cases and precedent
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
Test your knowledge of common law, precedent, legal systems, and sources of law with this quiz. Explore the principles of common law, the role of precedent, and the adversarial and inquisitorial legal systems. Understand the nuances of legal reasoning, the role of judges and juries, and the strengths and weaknesses of different legal approaches.
Make Your Own Quizzes and Flashcards
Convert your notes into interactive study material.
Get started for free
