Origins of Law Overview

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Questions and Answers

What was one of the major responsibilities of citizens in ancient Greece?

  • Formulate public policies
  • Manage foreign affairs
  • Engage in voting and jury duty (correct)
  • Participate in military service

Which process was promoted in ancient Greece to involve citizens in governance?

  • Citizen involvement (correct)
  • Appointment of officials
  • Political parties formation
  • Public debates

What aspect characterized ancient Greek democracy?

  • Direct participation in legislation (correct)
  • Universal suffrage for all residents
  • Citizen-driven decision-making
  • Exclusively voting rights for the elite

How did ancient Greek democracy differ from modern representative systems?

<p>Citizens voted directly on legislation (C)</p> Signup and view all the answers

Which of the following best describes the role of jury in ancient Greek society?

<p>An essential civic duty for citizens (C)</p> Signup and view all the answers

What was the primary purpose of feudalism during the 5th to 15th centuries in Europe?

<p>To protect land and resources (C)</p> Signup and view all the answers

Which statement accurately reflects the concept of precedent in legal systems?

<p>Decisions of higher courts must be followed by lower courts (A)</p> Signup and view all the answers

What is a significant characteristic of case law as established in England by Henry II?

<p>It enables judges to rely on documented cases for their decisions (D)</p> Signup and view all the answers

In a feudal system, who primarily holds power over land distribution?

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

What is one benefit of using precedent in legal cases?

<p>It provides predictability in the outcomes of similar cases (A)</p> Signup and view all the answers

Which characteristic is NOT typically associated with the rule of law in economic transactions?

<p>Arbitrary enforcement of rules (D)</p> Signup and view all the answers

What historical period laid the foundation for the ideas of case law in England?

<p>The medieval period (A)</p> Signup and view all the answers

In the context of commerce, how do nations under the same legal framework interact?

<p>By adhering to uniform business rules (B)</p> Signup and view all the answers

What role does precedent serve in the judicial system?

<p>It provides a basis for consistency in legal judgments (A)</p> Signup and view all the answers

Which of the following accurately describes the hierarchy in feudalism?

<p>Land is divided among various tiers of society based on loyalty (C)</p> Signup and view all the answers

What significant principle does the Magna Carta establish regarding taxation?

<p>Taxation must have the consent of the governed. (A)</p> Signup and view all the answers

Which aspect of the Rule of Law is exemplified by the statement 'No one is above the law'?

<p>All individuals, regardless of status, must adhere to the law. (A)</p> Signup and view all the answers

What historical document initiated the emergence of Parliament and Statute Law in England?

<p>The Magna Carta (A)</p> Signup and view all the answers

How are proposed laws represented and eventually passed in the parliamentary system as derived from the Magna Carta?

<p>Bills are prepared by lawyers and must be approved in Parliament. (C)</p> Signup and view all the answers

In the context of legal systems, what does the concept of a jury primarily represent?

<p>A body selected to determine the guilt or innocence of a defendant. (D)</p> Signup and view all the answers

What role do lawyers play within the parliamentary law-making process?

<p>They advise the cabinet on legal matters and draft legislation. (D)</p> Signup and view all the answers

What fundamental right regarding imprisonment does the Magna Carta affirm?

<p>An individual can only be imprisoned after a jury trial. (C)</p> Signup and view all the answers

Which of the following best describes the relationship between Parliament and the law-making process in England?

<p>Parliament prepares and reviews bills to enact into law. (A)</p> Signup and view all the answers

What aspect of Greek Law laid foundational principles for modern judicial systems?

<p>The concept of jury trials and civic participation. (D)</p> Signup and view all the answers

How did the Magna Carta impact the relationship between the monarchy and the people?

<p>It ensured that legal rights are guaranteed to the common people. (A)</p> Signup and view all the answers

What historical significance does the Code of Hammurabi hold in the legal system?

<p>It established the idea of public knowledge in law. (A)</p> Signup and view all the answers

Which aspect of Hebrew/Mosaic Law reflects its divine origins?

<p>It was based directly on the Ten Commandments. (D)</p> Signup and view all the answers

How did Roman Law influence modern legal practices?

<p>It served as a basis for our civil laws. (D)</p> Signup and view all the answers

What was one of the main features of the legal system introduced by the Code of Hammurabi?

<p>It introduced the 'eye for an eye' principle. (C)</p> Signup and view all the answers

Which of the following statements about the Hebrew/Mosaic Law's administration is correct?

<p>It required priests to convey and enforce religious laws. (D)</p> Signup and view all the answers

What societal impact did the legal principles from the Code of Hammurabi have?

<p>They are still reflected in many contemporary laws today. (C)</p> Signup and view all the answers

What was a main characteristic of laws derived from Roman Law?

<p>They played on a level where everyone was seen as equal. (A)</p> Signup and view all the answers

The impact of Hebrew/Mosaic Law on modern society is most evident in which area?

<p>Religious practices and ethical norms. (B)</p> Signup and view all the answers

What was a common misconception about the purpose of the Code of Hammurabi?

<p>It aimed to create uniform laws for society. (B)</p> Signup and view all the answers

In what way did Roman Law differ from Hebrew/Mosaic Law?

<p>Roman Law included secular elements alongside moral teachings. (D)</p> Signup and view all the answers

Flashcards

Code of Hammurabi

The earliest recorded set of laws, created by the king of Babylon in ancient Mesopotamia, where modern day Iraq is located.

Hebrew / Mosaic Law

An ancient law system based on the ten commandments and focuses on how to lead a virtuous life.

Roman Law

A Roman legal system that emphasizes fairness and equality for everyone.

Feudalism

A system of land ownership and social hierarchy common in medieval Europe, where a king grants land to vassals in exchange for loyalty and military service.

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Precedent

A legal principle that states that decisions made in previous cases should be followed in similar cases. It creates predictability and consistency in legal rulings.

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Case Law

A legal system based on recorded judgments in previous cases. It's a key part of the common law system.

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Rule of Law

The idea that all nations within an empire should be treated equally and have similar rights. This concept emphasizes fairness and stability.

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Binding Precedent

The idea that the decisions of higher courts are binding on lower courts in subsequent cases. Helps ensure consistent rulings across levels of the judicial system.

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Citing Precedent

The act of referring to and applying the precedents set in past cases to similar situations. It's a key part of how legal professionals argue and make judgments.

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Medieval Period

The period between 5th and 15th centuries in Europe, characterized by the feudal system, Christianity, and significant social and political changes.

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Recording Cases

The process of recording and using court decisions to inform future legal rulings. This contributes to the development of case law.

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Legislation

An act of a sovereign or a legal authority that has the force of law. Usually applied to laws passed by a legislative body.

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Democracy

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

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Magna Carta

A historical document from 1215 England that established limits on the king's power and introduced concepts like due process and trial by jury. It's considered a foundational document for modern democracies.

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Statute Law

A legal system where laws are created by a legislative body, like Parliament, and are formally written down.

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Citizen Involvement

The act of participating in a democracy, such as voting or serving on a jury.

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Voting

The responsibility of citizens to participate in the democratic process by expressing their preferences through voting.

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Common Law

A legal system based on precedents set by judges in previous cases, where judges interpret and apply existing laws to new situations.

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Jury Duty

A system where citizens serve on juries to decide the outcome of legal cases. It's important in a democratic society.

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Trial by Jury

The right to be tried by a group of peers (ordinary people) rather than by a single judge.

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Due Process

The principle that people cannot be punished without being formally accused, tried, and found guilty in a court of law.

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Consent of the People

A key principle of the Magna Carta, ensuring that taxes cannot be levied without the consent of the people. It's essential for democratic governance.

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Legal System

The system of laws and legal institutions in place to govern a society, ensuring order and fairness.

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Justice

A legal system that emphasizes fairness and equality, upholding the principle of 'justice for all'.

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Study Notes

Origins of Law

  • Code of Hammurabi: Earliest recorded law, written by the king of Babylon, in ancient Mesopotamia (present-day Iraq), around 1792-1750 BCE. The code established rules for the public and included punishments for various offenses.

  • Hebrew/Mosaic Law: Developed around 1250-1210 BCE, based on Moses's teachings on Mount Sinai (present-day Egypt). Included laws of worship and religious practices.

  • Roman Law: Originated in the Eastern Mediterranean (around Jerusalem) between 450-100 BCE, and aimed to govern relationships between nations engaging in trade. This focused on establishing rules for international commerce.

  • Feudalism: A legal system evolving in Europe from the 5th to the 15th centuries. Focused on land ownership and hierarchy.

  • Precedent: A legal system emerging in the 16th century in England, which relies on past decisions to guide future ones.

  • Case Law: A system developed in England, starting around 1150-1160, where kings and judges built on past cases to shape laws. It emphasizes recording and referencing earlier rulings.

  • Rule of Law (Magna Carta): Emerged in 1215 in King John's England. The Magna Carta, an English charter, established the concept that even the monarch is subject to the rule of law.

  • Earliest Recorded Law: Code of Hammurabi, which recorded and codified legal principles.

  • Written by the Ruling Authority: Common in ancient legal systems, the king or emperor dictated many laws.

  • Public Knowledge of Laws: Laws began to be more publicly accessible, moving away from being exclusively known by rulers.

  • Widespread Applicability of Law: The idea developed that the law applied equally to all, regardless of social class.

Examples of Law

  • Hammurabi's Code Examples: Covered crimes like theft and murder, and aspects of trade and taxes.

  • Mosaic Law Examples: Focused on worship, religious practices, and moral conduct.

  • Roman Law Examples: Established rules for nations to conduct trade and business in common.

  • Feudal Examples: Main concern was the land and hierarchy of land ownership.

  • Modern Examples: Current legal systems focus on establishing fairness, consistency, predictability with similar situations, and also ensuring everyone is subject to the law.

  • Rule of Law: Canada's system upholds the principle that everyone is subject to the law and rules, including its leaders.

  • Principles and Rights: Laws were developed, influenced by principles and values inherent in various religions. Respect for others, responsibility, etc., were some key principles.

  • Legal Precedent: Past case decisions inform future rulings for fairness and consistency.

  • Democracy and Governance: The concept of democracy and citizen participation developed over time, influenced by early legal systems.

  • Modern Law Consistency: Some of the ideas and legal values from the past, persist in many legal systems like Canada.

Greek Law

  • 400 BCE: Earliest form of democracy emerged in Greece.

  • Citizen Involvement: Citizens played a significant role in the legal system, often with voting and jury participation.

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