Stages in the Growth of Law

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Questions and Answers

Which of the following best describes the initial stage in the growth of law?

  • A leader establishes a system of courts.
  • A leader accepts awards of goods or money for wrongs.
  • Individuals seek revenge for wrongs done to them. (correct)
  • A central authority prevents and punishes wrongs.

Positive law is derived from judicial rulings and customs, rather than legislative action.

False (B)

What is the primary characteristic of common law regarding its sources?

judicial rulings and customs

In the context of legal systems, a sovereign can enforce acceptance of an award instead of revenge in the ______ stage.

<p>second</p> Signup and view all the answers

Match the stage in growth of law with its description:

<p>Stage 1 = Individuals pursue personal revenge Stage 2 = A leader forces acceptance of compensation for wrongs Stage 3 = A system of courts is established Stage 4 = Wrongs are prevented and punished by a central authority</p> Signup and view all the answers

Which of the following describes the role of a leader in the second stage of legal system development?

<p>Forcing individuals to accept compensation for wrongs. (B)</p> Signup and view all the answers

Common law systems rely primarily on statutes and written codes rather than judicial decisions.

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

What system does Louisiana operate under, instead of English Common Law?

<p>Roman Civil Law</p> Signup and view all the answers

The U.S. legal system is rooted in English Common Law, but Louisiana follows the ______ system.

<p>Roman Civil Law</p> Signup and view all the answers

Match the legal system with its description:

<p>English Common Law = Used in most U.S. states as a standard. Roman Civil Law = A written, comprehensive set of statutes in code form.</p> Signup and view all the answers

Which of the following is a key feature of English Common Law?

<p>Adaptability to societal changes while maintaining uniformity. (D)</p> Signup and view all the answers

King Henry II removed the jury system from English Common Law to expedite legal proceedings.

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

What did King Henry II create to help take some of the case load off of him?

<p>King's Bench</p> Signup and view all the answers

King Henry II appointed his own judges that formed the ______, which had greater authority to make decisions on major cases than the feudal barons.

<p>King's Bench</p> Signup and view all the answers

Match the term related to English Common Law with its description:

<p>King's Bench = The court formed by judges appointed by King Henry II Jury = A group of people from the region to help with the decision process</p> Signup and view all the answers

What was the primary motivation behind King Henry II's reforms of the English legal system?

<p>To address the inconsistency and variability of regional customs in legal judgments. (D)</p> Signup and view all the answers

Equity as an alternative to Common Law allows for remedies other than just monetary damages.

<p>True (A)</p> Signup and view all the answers

What is an injunction, in the context of equity as an alternative to common law?

<p>prohibits actions</p> Signup and view all the answers

Equity developed as an alternative to common law to provide solutions beyond damages, such as an ______ against certain actions.

<p>injunction</p> Signup and view all the answers

Match the term related to Equity with its description:

<p>Injunction = Prohibits certain actions.</p> Signup and view all the answers

Why was equity developed as an alternative to common law?

<p>To allow for remedies other than just monetary damages. (B)</p> Signup and view all the answers

In the scenario with Mariann, it is legal to text while driving because it serves a commercial purpose.

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

In the scenario, what reason does the officer give for texting being more distracting than eating?

<p>no useful commercial purpose</p> Signup and view all the answers

In the hot debate scenario, the police officer stated that texting does not serve any ______ unlike buying and eating drive-through food.

<p>useful commercial purpose</p> Signup and view all the answers

What is the main legal question raised in the "Hot Debate" scenario?

<p>Whether the ordinance against distracted driving is fairly applied and justified. (C)</p> Signup and view all the answers

Laws are solely based on the wisdom of those who create them and are not influenced by societal values.

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

According to the material, what are the two main systems that relate to common law and positive law?

<p>English Common Law and Roman Civil Law (B)</p> Signup and view all the answers

At which stage of the growth of law does a leader begin delegating some tasks to trusted members, reducing their workload?

<p>Stage 3</p> Signup and view all the answers

The leader in the growth of law first acquires enough power to enforce settlements in the ______ stage.

<p>second</p> Signup and view all the answers

Match the stage in the development of law to its identifying characteristic:

<p>Stage 1 = Individuals seek personal revenge. Stage 3 = The leader lets members handle cases. Stage 4 = The leader tries to prevent breaches of the peace.</p> Signup and view all the answers

What is the role of a leader or central authority acts in the final stage in the growth of law?

<p>To prevent and punish wrongs that provoke individuals to seek revenge. (A)</p> Signup and view all the answers

The distinguishing feature of Stage 2 in the growth of law is the establishment of a formal court system.

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

How did King Henry II improve the English Common Law system?

<p>By appointing judges and including people from the region into the decision process. (A)</p> Signup and view all the answers

What is the key characteristic of the fourth stage in the evolution of law, concerning prevention of offenses?

<p>prevent breaches of the peace</p> Signup and view all the answers

English Common Law was moved out of the way sometimes due to the fact that people had to wait until damages occurred and only ______ could be awarded.

<p>damages</p> Signup and view all the answers

Match the alternative name of the leader to its corresponding stage of development.

<p>Sovereign = Stage 2</p> Signup and view all the answers

In jurisdictions governed by English Common Law, what ensures the uniformity and adaptability of the legal system over time?

<p>The system's ability to adapt to societal changes while maintaining consistency. (B)</p> Signup and view all the answers

The use of clergy as a means to issue something other than just damages is considered under English Common Law.

<p>True (A)</p> Signup and view all the answers

Which of the following actions would have King Henry II most likely disagreed with?

<p>Deciding cases using the standards and customs of the region. (A)</p> Signup and view all the answers

Flashcards

Laws

Formal rules established by a governing authority that dictate what is permissible and what is not within a society.

Code

A systematic compilation of laws, often organized by subject matter, designed to provide clarity, accessibility, and consistency in legal principles. Examples include building codes and civil codes.

Common Law

A body of legal principles and precedents derived from judicial decisions, traditions, and customs, rather than from legislative statutes. It relies on case law and evolves through court rulings.

Positive Law

Laws enacted by a legislative body or derived from specific constitutional provisions, representing the formal expression of legal rules and principles by a governing authority.

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Jurisdiction

The authority of a court or governing body to hear and decide a case, encompassing the geographical area, subject matter, or individuals over which such authority extends.

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Equity

A branch of law that provides remedies when monetary compensation is inadequate, focusing on fairness and justice when strict legal rules would lead to unjust outcomes.

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Stage 1 of Law

Individuals are free to seek revenge for wrongs done to them, marking an early stage of legal development.

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Stage 2 of Law

A leader emerges with enough power to force individuals to accept compensation (goods or money) instead of revenge, marking a step towards organized justice.

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Stage 3 of Law

The leader delegates power to a system of courts, reducing their burden and allowing for quicker, easier resolution of conflicts.

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Stage 4 of Law

The leader or central authority works to prevent breaches of the peace, creating laws and punishments to limit conflicts.

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Common Law

Legal principles developed by judges through court decisions, based on customs and precedents, focusing on consistency and adaptability to societal changes.

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Positive Law

Laws enacted by a legislative body or derived from specific constitutional provisions, representing the formal expression of legal rules and principles by a governing authority.

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Roman Civil Law

A legal system where laws are written, well-organized, and grouped into comprehensive sets of statutes in code form.

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English Common Law

The legal standard in every U.S. state except Louisiana, based on judicial decisions, customs, and precedent.

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Feudal Baron Justice

Judges in England using regional customs to make judgments, leading to inconsistent results across different regions.

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King's Bench

Created by King Henry II to provide consistent justice; these judges could order wrongdoers to pay money or goods to the injured parties.

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Jury System

The practice of including people from the region in the decision process when deciding cases based on standards and customs.

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Injunction

An order issued by a clergyman prohibiting certain actions, used as an alternative to waiting for damages to occur under English Common Law.

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Study Notes

Stages in the Growth of Law

  • Societies evolve through four stages in forming their legal systems
  • Individuals initially seek personal revenge for wrongs
  • A leader emerges, compelling individuals to accept compensation instead of revenge
  • The leader establishes a court system
  • A central authority prevents and punishes actions that provoke revenge
  • People believe in reciprocal justice, equating revenge with punishment
  • Marks the beginning of a formal legal system
  • A leader, or sovereign, rises to bring justice, and people seek their judgments
  • The leader delegates cases to trusted members, easing their burden
  • These members form courts to resolve conflicts more efficiently
  • The leader focuses on preventing breaches of peace
  • Laws and punishments are created to limit breaches of peace

Common Law vs. Positive Law

  • Laws should reflect the wisdom of their creators
  • Common law uses rules from judges in different cases
  • Similar cases are used to achieve similar results in common law
  • Common law is based on current standards and customs
  • Positive law is enacted by a sovereign, not based on customs
  • The U.S. legal system is rooted in English common law and Roman civil law

Roman Civil Law

  • A system where laws are written, well organized, and grouped together in code form

English Common Law

  • The standard in U.S. states, except Louisiana, which uses Roman Civil Law

English Common Law History

  • In England, feudal barons acted as judges, using regional customs for resolutions, leading to inconsistent results
  • King Henry II reformed the system, appointing judges to order compensation for victims
  • Henry's judges formed the King's Bench or King's Court
  • The King's Court had greater authority than feudal baron courts, which handled minor cases
  • King Henry II introduced juries, incorporating regional perspectives into decisions
  • A major advantage of the English Common Law system is uniformity and adaptability

Equity: An Alternative to Common Law

  • English Common Law had flaws: damages had to occur before action, and only damages could be awarded
  • People sought clergy intervention for resolution other than damages
  • This intervention was known as an injunction, which prohibits the action being performed

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