Vocabulary
The political or legal authority to pass and enforce laws, or the judicial authority to decide a case
Jurisdiction
Earliest known set of codified laws; based on restitution and retribution
Code of Hammurabi
Identify and describe the main difference between public and private (civil) law.
Public: relationships between people and the state
Private: relationships between private individuals and individuals and organizations
Philosophy based on moral principles that are ascribed to God and cannot be changed or overruled
Divine law
Believed that the ideal ruler of a society was a philosopher king + recognized inequalities in society.
Plato
The science and philosophy of law; study of our legal system
Jurisprudence
Set of 10 laws based on the word of god. Given to Moses on Mount Sinai
The 10 Commandments
Law that prescribes the methods and steps of enforcing the rights and obligations of substantive law
Procedural law
Philosophy that believes the discipline of economics offers best explanation of functions of law.
Law based on economics
Believed that law primarily serves the purposes of those in power. He believes there is co-operation between the elite class of society and the law-makers to make laws that maintain status quo and the wealth of and power of elite
Noam Chomsky
The concept that true justice is concerned with more than simply the punishment of offenders strives to meet victims needs.
Hint: Emerged with Indigenous legal system.
Restorative Justice
List and describe the 3 main trial systems used in the early British society.
Trial by Ordeal – only used if the sentence for guilt was the death penalty (accused must undergo an ordeal)
Trial by Combat – used to determine guilt or innocence (2 parties duel)
Trial by Oath Helping – required people who knew the accused to swear an oath on the Bible
Law that defines the rights, duties and obligations of citizens and government
Substantive law
Describe the philosophy of critical legal studies
Law is not neutral or value free. At times supports interests of those in power. Law should be a tool for social justice. Judges should use own discretion to insure law achieves justice.
“The justice system should operate behind a veil of ignorance” is said by
John Rawls
A Latin term “reason for the decision”; the part of the judges decision that provides the legal reasoning for the judgement.
Ratio Decidendi
Describe the key similarities and differences between the adversarial and inquisitorial trial systems.
Adv: used in Canada, seeks truth by having 2 opposing parties, rep by lawyers, argue a case in front of an impartial judge who weighs the evidence
Inq: used in Europe, seeks the truth via questioning witness, judges play greater role + picking witnesses
List and describe the 3 types of public law
Criminal: identifies crimes and prescribes punishments
Administrative: relationship between people and government agencies and departments
Constitutional
Identify and describe the theory of feminist jurisprudence, and list 3 specific amendments it has helped to make into law
Legal system upholds s/p/e inequality for women. Language creates and reinforces male values.
Employment / sexual harassment
Divorce
Domestic violence – bws
Political rights – person’s case
A philosopher that thought human law was more important than natural law.
He thought that citizens make a social contract; surrender themselves to be governed
Hobbes
Identify and Describe the differences between primary and secondary sources of law and provide 3 examples of each.
Secondary: Laws that have been written down and are legally binding. (statute, constitutions, judicial decisions – case law)
Primary: original sources of law that have been influential in shaping substantive law. (Customs, religion, social and political influences)
Define the term common law and outline how it developed under the reign of King Henry II
Law that relies on case law and is common to all people. Based on recorded decisions or similar cases
Assizes + circuit judges
Identify and describe the 7 main types of private law
Tort
Contract
Family
Wills and estates
Property
Employment
Consumer
Identify and describe the key difference between legal formalism and legal realism
Legal formalism: philosophy that recognizes law as a science + believes judges should merely apply the law. Law is enacted by a legislature derived from state.
Legal realism: philosophy that recognizes that law is vague; judges are real authors of law; judgements can be based on moods of judges. Judges shape precedents to reach own conclusions
Who can be quoted as saying/ who is he and what was his philosophy
“Justice being taken away, then, what are the Kingdoms but great robberies?”
St. Augustine