Podcast
Questions and Answers
Who was typically the most respected neutral party in early legal disputes?
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?
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?
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?
What primarily influenced the development of common law?
What transformed some clergymen into full-time judges?
What transformed some clergymen into full-time judges?
What role did the grapevine play in early legal systems?
What role did the grapevine play in early legal systems?
According to the content, what contrast is made concerning common law in its early years?
According to the content, what contrast is made concerning common law in its early years?
What are the two basic kinds of legal systems mentioned?
What are the two basic kinds of legal systems mentioned?
What impact did the collapse of the Roman Empire have on legal systems?
What impact did the collapse of the Roman Empire have on legal systems?
How did America's Founders approach the principles of law?
How did America's Founders approach the principles of law?
What was a consequence of the brutal feudal governments during the Dark Ages?
What was a consequence of the brutal feudal governments during the Dark Ages?
Why are many lawyers believed to have forgotten about scientific law?
Why are many lawyers believed to have forgotten about scientific law?
What role did neutral third parties play in dispute resolutions among commoners?
What role did neutral third parties play in dispute resolutions among commoners?
What does Carl Sagan and Ann Druyan suggest should be taught to children?
What does Carl Sagan and Ann Druyan suggest should be taught to children?
How were the views of lawyers perceived from the days of America's Founders to the present?
How were the views of lawyers perceived from the days of America's Founders to the present?
Flashcards
Case Law
Case Law
A legal system that develops through judicial decisions based on previous cases, known as precedents.
Precedents
Precedents
Established legal rulings that serve as guidelines for future cases, based on the idea that what was considered right in the past should generally remain right.
Common Law
Common Law
A legal system that stems from customs, traditions, and judicial decisions, emphasizing fairness and principles of right and wrong.
Body of Precedents
Body of Precedents
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Early Legal System
Early Legal System
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Eternal Truths
Eternal Truths
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Importance of Precedent
Importance of Precedent
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Scientific Law
Scientific Law
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Political Law
Political Law
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Dark Ages
Dark Ages
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Feudalism
Feudalism
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Dispute
Dispute
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Neutral Third Party
Neutral Third Party
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Disputes Leading to Violence
Disputes Leading to Violence
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Family and Friends Mediation
Family and Friends Mediation
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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.
