Podcast
Questions and Answers
Which of the following best describes the initial stage in the growth of law?
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.
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?
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.
In the context of legal systems, a sovereign can enforce acceptance of an award instead of revenge in the ______ stage.
Match the stage in growth of law with its description:
Match the stage in growth of law with its description:
Which of the following describes the role of a leader in the second stage of legal system development?
Which of the following describes the role of a leader in the second stage of legal system development?
Common law systems rely primarily on statutes and written codes rather than judicial decisions.
Common law systems rely primarily on statutes and written codes rather than judicial decisions.
What system does Louisiana operate under, instead of English Common Law?
What system does Louisiana operate under, instead of English Common Law?
The U.S. legal system is rooted in English Common Law, but Louisiana follows the ______ system.
The U.S. legal system is rooted in English Common Law, but Louisiana follows the ______ system.
Match the legal system with its description:
Match the legal system with its description:
Which of the following is a key feature of English Common Law?
Which of the following is a key feature of English Common Law?
King Henry II removed the jury system from English Common Law to expedite legal proceedings.
King Henry II removed the jury system from English Common Law to expedite legal proceedings.
What did King Henry II create to help take some of the case load off of him?
What did King Henry II create to help take some of the case load off of him?
King Henry II appointed his own judges that formed the ______, which had greater authority to make decisions on major cases than the feudal barons.
King Henry II appointed his own judges that formed the ______, which had greater authority to make decisions on major cases than the feudal barons.
Match the term related to English Common Law with its description:
Match the term related to English Common Law with its description:
What was the primary motivation behind King Henry II's reforms of the English legal system?
What was the primary motivation behind King Henry II's reforms of the English legal system?
Equity as an alternative to Common Law allows for remedies other than just monetary damages.
Equity as an alternative to Common Law allows for remedies other than just monetary damages.
What is an injunction, in the context of equity as an alternative to common law?
What is an injunction, in the context of equity as an alternative to common law?
Equity developed as an alternative to common law to provide solutions beyond damages, such as an ______ against certain actions.
Equity developed as an alternative to common law to provide solutions beyond damages, such as an ______ against certain actions.
Match the term related to Equity with its description:
Match the term related to Equity with its description:
Why was equity developed as an alternative to common law?
Why was equity developed as an alternative to common law?
In the scenario with Mariann, it is legal to text while driving because it serves a commercial purpose.
In the scenario with Mariann, it is legal to text while driving because it serves a commercial purpose.
In the scenario, what reason does the officer give for texting being more distracting than eating?
In the scenario, what reason does the officer give for texting being more distracting than eating?
In the hot debate scenario, the police officer stated that texting does not serve any ______ unlike buying and eating drive-through food.
In the hot debate scenario, the police officer stated that texting does not serve any ______ unlike buying and eating drive-through food.
What is the main legal question raised in the "Hot Debate" scenario?
What is the main legal question raised in the "Hot Debate" scenario?
Laws are solely based on the wisdom of those who create them and are not influenced by societal values.
Laws are solely based on the wisdom of those who create them and are not influenced by societal values.
According to the material, what are the two main systems that relate to common law and positive law?
According to the material, what are the two main systems that relate to common law and positive law?
At which stage of the growth of law does a leader begin delegating some tasks to trusted members, reducing their workload?
At which stage of the growth of law does a leader begin delegating some tasks to trusted members, reducing their workload?
The leader in the growth of law first acquires enough power to enforce settlements in the ______ stage.
The leader in the growth of law first acquires enough power to enforce settlements in the ______ stage.
Match the stage in the development of law to its identifying characteristic:
Match the stage in the development of law to its identifying characteristic:
What is the role of a leader or central authority acts in the final stage in the growth of law?
What is the role of a leader or central authority acts in the final stage in the growth of law?
The distinguishing feature of Stage 2 in the growth of law is the establishment of a formal court system.
The distinguishing feature of Stage 2 in the growth of law is the establishment of a formal court system.
How did King Henry II improve the English Common Law system?
How did King Henry II improve the English Common Law system?
What is the key characteristic of the fourth stage in the evolution of law, concerning prevention of offenses?
What is the key characteristic of the fourth stage in the evolution of law, concerning prevention of offenses?
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.
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.
Match the alternative name of the leader to its corresponding stage of development.
Match the alternative name of the leader to its corresponding stage of development.
In jurisdictions governed by English Common Law, what ensures the uniformity and adaptability of the legal system over time?
In jurisdictions governed by English Common Law, what ensures the uniformity and adaptability of the legal system over time?
The use of clergy as a means to issue something other than just damages is considered under English Common Law.
The use of clergy as a means to issue something other than just damages is considered under English Common Law.
Which of the following actions would have King Henry II most likely disagreed with?
Which of the following actions would have King Henry II most likely disagreed with?
Flashcards
Laws
Laws
Formal rules established by a governing authority that dictate what is permissible and what is not within a society.
Code
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
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
Positive Law
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Jurisdiction
Jurisdiction
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Equity
Equity
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Stage 1 of Law
Stage 1 of Law
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Stage 2 of Law
Stage 2 of Law
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Stage 3 of Law
Stage 3 of Law
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Stage 4 of Law
Stage 4 of Law
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Common Law
Common Law
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Positive Law
Positive Law
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Roman Civil Law
Roman Civil Law
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English Common Law
English Common Law
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Feudal Baron Justice
Feudal Baron Justice
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King's Bench
King's Bench
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Jury System
Jury System
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Injunction
Injunction
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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
Stage 1 of Legal System Growth
- People believe in reciprocal justice, equating revenge with punishment
Stage 2 of Legal System Growth
- Marks the beginning of a formal legal system
- A leader, or sovereign, rises to bring justice, and people seek their judgments
Stage 3 of Legal System Growth
- The leader delegates cases to trusted members, easing their burden
- These members form courts to resolve conflicts more efficiently
Stage 4 of Legal System Growth
- 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
Origin of the U.S. Legal System
- 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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