Property Rights/Taxation/Natural Rights
Law
Politics/Eng.BOR
Philosophy/Pet. of Right
Misc.
100

What is Property?

Earth given to mankind “in common.” Property of the self and labor.

100

What do the terms “Lex Rex” and “Rex Lex” mean?

  1. Lex Rex: the law is over the King 

  1. Rex Lex: the King is over the law 

100

What is Political power? 

The right to make laws and impose corresponding punishments

100

What does Sidney believe about the right to rule?

It's based on the consent of the governed, but he claims that the people rarely elect the most meritorious leaders.

100

What is the The state of nature? 

No government holds political power, all men created equal. Obey the laws of nature and its maker.

200

What did Blackstone believe about property rights?

He believed that individuals have a God-given right to security in life, personal liberty, and private property.

200

Which Common Law rights were transferred from England to America?

Right to property (jura rerum), right of persons (juris personarum), right to trial by jury, taxation only by the people’s consent, and protection from cruel and unusual punishment.

200

What are the Origin and ends of political society?

Man voluntarily gives up his natural liberty to unite to one political community led by the majority.

200

What are the themes in Bacon’s writing?

Justice, power, enforcement of the magna carta.

200

What is Judicial precedent?

Judicial decisions made in prior cases.

300

What does Rei Vindicatio mean, and what does it do?

“Claim of the subject,” protects an owner's right to recover property wrongfully possessed by another person and reinforces private property ownership rights

300

What is the relationship between judicial precedent, common law, and stare decisis?

Judicial precedent is the judicial decisions made in previous cases, and stare decisis means that those prior decisions hold significant weight.  

300

What prevents tyranny?

The supremacy of common law.

300

How did Edward Coke’s judicial philosophy shape the institutional structure of the U.S. Constitution?

It established that governing bodies are bound by common law, and that the supremacy of common law would prevent tyranny.

300

What key point means “to stand by things decided?”

Stare decisis

400

What view on taxation came up with the Sugar Act of 1764?

John Hamden’s view: taxation required the consent of representatives. This influenced colonial resistance and contributed to the principle of “no taxation without representation.  

400

How did the Napoleonic Code impact modern law?

Laid the foundation for many modern civil law systems, emphasizing written, codified law.

400

How did the English Bill of Rights change the king’s role?

Made his power conditional on obeying the law and the parliament, law prevented the king from interfering with the judicial and legislative branches, and parliament was allowed to pass individual pieces of legislation.

400

What events led to the creation of the Petition of Right?

King Charles attempted to implement heavy taxation on imported goods to recoup losses from the Thirty Years’ War. After Parliament declined to approve the taxation, King Charles I dissolved Parliament.

400

What term means “you have the body.”

Writ of Habeas Corpus.

500

What do Sidney’s Discourses Concerning Government claim?

  1. Men are born free. Free choice determines natural rulers. 

  1. The right of rule is based on the consent of the governed. People rarely select the most meritorious leaders. 

  1. The right to overthrow the government 

500

What is the relationship between common law and judicial activism as well as civil law and judicial restraint

Common law involves deciding moral issues based on precedent, aligning with judicial activism, while civil law involves strict adherence to the law, aligning with judicial restraint.

500

How does political society begin?

When people voluntarily give up natural liberty to unite as a political community led by the majority.     

500

How did the Petition of Right define Common Law?

 The Petition of Right defined common law as the source through which all rights are obtained.

500

What amendments go with due process?

4 and 15