Whatever Happened to Justice Ch 4

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Questions and Answers

Who was typically the most respected neutral party in early legal disputes?

A local judge

A member of the community council

A clergyman (correct)

A family elder

What is the significance of precedent in the context of law?

It helps maintain consistency in legal judgments over time. (correct)

It establishes a legal system based solely on government regulations.

It allows personal opinions to influence court decisions.

It is primarily based on current societal trends.

What is case law?

Law derived from legislative statutes.

A type of law that disregards historical decisions.

Law developed based on unrest due to conflicting opinions.

A system of common law developed by judges through individual cases. (correct)

What primarily influenced the development of common law?

Religious and philosophical principles. Signup and view all the answers

What transformed some clergymen into full-time judges?

Their growing skill in resolving disputes and making judgments. Signup and view all the answers

What role did the grapevine play in early legal systems?

It disseminated decisions made by the clergyman throughout the community. Signup and view all the answers

According to the content, what contrast is made concerning common law in its early years?

It was independent of governmental influences. Signup and view all the answers

What are the two basic kinds of legal systems mentioned?

Scientific and political Signup and view all the answers

What impact did the collapse of the Roman Empire have on legal systems?

It led to a lack of government court systems. Signup and view all the answers

How did America's Founders approach the principles of law?

They emphasized the principles of scientific law. Signup and view all the answers

What was a consequence of the brutal feudal governments during the Dark Ages?

They led to an increase in violent disputes among commoners. Signup and view all the answers

Why are many lawyers believed to have forgotten about scientific law?

They only work in the political legal system. Signup and view all the answers

What role did neutral third parties play in dispute resolutions among commoners?

They helped individuals resolve disputes without violence. Signup and view all the answers

What does Carl Sagan and Ann Druyan suggest should be taught to children?

The principles of scientific law. Signup and view all the answers

How were the views of lawyers perceived from the days of America's Founders to the present?

Lawyers are viewed with suspicion. Signup and view all the answers

Study Notes

Two Kinds of Law

Two fundamental legal systems exist: scientific and political
American legal education lacks emphasis on both types, focusing primarily on the political system
Founders of the US aimed to establish the nation on scientific law principles
Importance of understanding both scientific and political systems for comprehensive legal knowledge
The letter series will cover scientific law followed by political law

Scientific Law's Development

Originated during the Dark Ages (circa 500 A.D.) following the fall of the Roman Empire
Early feudal governments were largely uninvolved in commoner disputes
Disputes were settled informally through community mediation, often by clergymen
Key figure: clergyman - respected for neutrality and moral guidelines (e.g., Ten Commandments)
Decisions established precedents for future cases, forming case law
Emphasis on maintaining consistent principles & solving unique situations through established norms.

Case Law as Scientific Law

Judge-made law evolved over time through repeated dispute resolution
Case law emerges from resolving disputes on a case by case basis
Case law is complex with subtleties about terms & situations
Community precedents were written down and circulated as a guide
Skillful judges gained prestige and became full-time judges; their decisions formed common law
Emphasis on precedents, similar to the concepts in current legal practices

Common Law's Basis

Common law stems from religious and philosophical principles (e.g., moral guidelines)
Common law establishes right and wrong using a set of moral standards
Oliver Wendell Holmes, Jr., noted the strong connection between law and ethics.

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Description

Explore the distinctions between scientific and political law, their origins, and their relevance in American legal education. This quiz will delve into the historical development of scientific law and its foundational role in establishing legal precedents. Understanding both systems is crucial for a comprehensive grasp of the legal landscape.