Intro to law
What is law?
Law has been defined as a set of rules, of one kind or another, which carry sanctions and are intended to guide the activities of society and its members.
The Jamaica legal system is modelled off which legal sysytem
England
What is natural law theory
the existence of a higher, universal law that is inherent in nature and accessible to reason
Give one commandment that was made a law in Jamaica
Thou shall not steal or thou shall not kill
Give two functions of law
establish societal order by setting standards, guiding behaviour and resolving disputes
What year was the norman conquest
1066
What is Positive law?
man-made or enacted law, derives its legitimacy from human authority, such as legislation, constitutions, and legal systems established by governments or other governing bodies.
what is the legal definition of marriage
to be the voluntary union for life of a single man and a single woman to the exclusion of all others.”
True or False: where a rule stipulates a form of punishment for non-compliance, that rule is not a law.
false
What is the hybrid legal system
More than one legal tradition/ system, usually a mixture of common law and civil law. Usually develops as a result of colonization, double colonization, cession, purchase/ annexation by the State with a legal system of different tradition than that of the jurisdiction acquired
Give 2 differences between natural and positive law
Natural law is rooted in moral principles derived from nature and reason, while positive law is based on human-constructed legal systems.
Natural law finds legitimacy in moral principles, whereas positive law derives legitimacy from authoritative human institutions.
Natural law often has a strong moral component, prescribing that just laws align with inherent moral principles. Positive law can be morally neutral, and the morality of a law is not a criterion for its validity.
Natural law is seen as relatively stable and enduring, reflecting timeless principles. Positive law can change over time based on the decisions of legislative bodies and legal authorities.
Which case defined marriage
Hyde v Hyde
What is the difference between a rule and a law
A rule does not have sanctions but law has sanctions for non-compliance
Which CAribbean Countries have hybrid legal system
Guyana and St. Lucia
Who makes positive laws in Jamaica
Government
True or false: All moral rules are social rules but not all social rules are moral rules.
True
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What is the socialist legal system
Autocratic society
How does natural law and positive law work together?
Natural law based on morals are incorporated into positive laws
What is the name of the case where the name and address of homosexuals were published
knuller v dpp