Our Legal Heritage Flashcards
(76 cards)
A law that developed in English courts establishing the law is the same for all people:
Common law
If a person were found guilty both the accused and accuser would suggest a penalty, the Jury then voted on an appropriate sentence:
Greek Law
Laws that are passed by the government:
Statute Law
Methods of deciding outcomes based on the recorded decisions of similar situations:
Case Law
Constitution of the Iriquois confederacy that outline many of the same principles of justice and fairness found in many modern civil right documents:
The Great Binding Law
The Hebrews law outlined from God in the book of exodus in the Jewish-Christian bible:
Mosaic Law
The area of law that deals with legal relationships between individuals and organizations also known as private law:
Civil Law
Body of public law in Canada that deals with the distribution and exercise of powers of the government establishes the paramount legal principles and standards:
Constitutional Law
Mosaic Law is important because it’s the root of which 3 main religions:
Judaism, Islam, Christianity
The system that has the most influence on Canadian Law:
British Law
Popular because it’s non-technical style made the law accessible to the public and made men and women more or less equal:
French Law
How are rules not like laws?
- Rules aren’t enforced by government
- Laws apply to everyone whereas rules do not
- Ex of rule: don’t wear hats in classroom or at dinner table
- Ex of law: stop at the stop signs and wear seat belts
3 parts to Rule of Law:
- individuals most accept that law is necessary to regulate society and function properly
- law applies to everyone equally: to Mrs Wagner or Justin Trudeau
- nobody can take our rights away
Hammurabi’s Hierarchy of power:
- Gods
- Kings
- Men/Males
- Woman/Wives
- Children
- Poor/Peasants
- Slaves
What is the difference between how women were esteemed in Hammurabi:
Women had no rights, they were regarded as husbands property, a possession.
What is the difference between how women were esteemed in France after the French Revolution:
More or less equal to men, but not totally. Ex, Affairs- if a woman had an affair her husband could divorce her whereas if a man had an affair the woman could only demand a divorce if the mistress moved in with them.
What is the difference between how women were esteemed in Iriquois before the 1900’s:
Women ran the show: Matriarchal were in charge.
What is the difference between the adversarial system and inquisitorial system:
Adversarial: 2 lawyers in a court room, a verbal dual use their wit to battle: in North America to an impartial judge or jury. Similar to trial by combat but with skill and mental ability. Brains rather than bronze than brons. Lawyers find evidence.
Inquisitorial: exist today in lots of parts of Europe. Judges are actively involved in finding witnesses and evidence.
Why are artists hired for courtrooms?
To sketch the courtroom because cameras/pictures are not allowed in the courtrooms. Flashes from cameras are too distracting.
3 good reasons to study law:
- Know your rights and responsibilities as a Canadian citizen
- If you want to get into an occupation such as police, lawyer, etc.
- understand how the system works
- to live together peacefully
Trial by Oath Helping:
Where people swore on Oath on the Holy Bible to help out a friend or family member that was in trouble with the law. It worked because people believed in God, cored, and feared Gods punishment if they lied.
I am the Iroq sun-God. Who am I?
Shamash
I am the most famous Greek philosopher that taught by asking questions. Who am I?
Socrates
We are poor folk with no rights in Greece. Who are we?
Plebeians
