LAW TEST REVIEW

What is deductive reasoning in legal reasoning?

It involves making generalized conclusions based on specific scenarios.

How does inductive reasoning function in the context of law?

It applies the law clearly, focusing on how the facts of a case relate to the law.

What characterizes analogical reasoning?

The ability to perceive and use relations between two similar situations or events.

What is a strawman argument?

A fallacy that misrepresents someone's argument to make it easier to attack.

What does the appeal to emotion fallacy do?

It conceals the absence of physical evidence by focusing on emotional response.

Define false dilemma in the legal context.

Presenting a limited number of options and forcing a choice between two extremes.

How is law defined?

A series of rules that govern relations between individuals, the state, and businesses.

What does the rule of law ensure?

It states that every dispute will be settled through due process in courts.

What was the significance of the Code of Hammurabi?

It's one of the earliest known collections of codified laws, establishing principles like 'an eye for an eye'.

What are the Ten Commandments in relation to Hebrew/Mosaic Law?

They are moral laws governing behavior introduced to the tribes of Israel by Moses.

What principle did the Justinian Code establish?

It enshrined the idea of 'innocent until proven guilty'.

What does the term 'feudalism' refer to in legal history?

A system of government characterized by local lords exercising judicial functions in the absence of centralized authority.

What is precedent in law?

A court decision that serves as an authority for deciding similar subsequent cases.

Define case law.

Law established based on the outcomes of former court cases.

What is Magna Carta's key contribution to legal principles?

It established that no one is above the law and set the groundwork for habeas corpus.

What is the difference between federal and provincial law?

Federal law covers national issues like criminal law, while provincial law deals with local matters like education.

What does natural law theory emphasize?

It holds that law is based on inherent moral principles that govern human behavior.

How did John Locke’s philosophy influence modern law?

He argued that people could overthrow the government if it violated natural rights.

What are positive laws?

Laws created by the state that society is obligated to obey for the sake of order.

What principle embodies the core of modern democracy in legal changes?

The Rule of Law ensures equality and no one is above the law.

What is restorative justice as introduced by Aboriginal Law?

A system where the offender restores justice by acknowledging their crime and taking responsibility.

Give an example of a procedural law.

The steps outlined to sue someone for trespassing.

What is the main critique of positive law?

It may create unjust laws that do not consider individual rights.

Provide an example of a law that reflects natural law principles.

The abolition of slavery.

How do demographic changes affect laws?

Population shifts necessitate legal adaptations to societal changes.

What role do lobby groups play in legal change?

They attempt to influence legislators to adopt laws that serve specific interests.

What is an example of statutory law?

Laws created by elected representatives, also referred to as acts.

What does jurisdiction refer to?

The authority of a state or court to govern or legislate.

Define 'justice' in the context of law.

The quality and rights aimed at ensuring fairness and impartiality.

What is the importance of law as a system?

It interconnects institutions to fulfill its purpose in society.

What is parliamentary/statute law?

Laws created through legislative processes combining common law and equity.

How does the concept of the 'Social Contract' relate to modern law?

It emphasizes the relationship between the government and the governed, aiming for the greater good.