Studied by 3 people
What is a rule?
Only apply to participants in a given activity
What is a law?
Apply to all members of society at all times
What is substantive law?
All laws list the rights and obligations of each person in society
what is procedural law?
The steps involved in protecting the rights given under substantive law
Example of substantive law?
Property law: expel trespassers, sell property, pay property tax
Example of procedural law?
A property owner discovers people trudging on her property, she can take steps to stop trespassers or get compensation
Public Law
law dealing with the relationship between government and individuals
Private Law
law that is involved between private individuals or groups
Actus Reus
criminal act
Mens Rea
Capability of committing a crime
How do actus reus and mens rea apply to the criminal system?
both must be present for a crime to be committed
How does a case get to trial?
What happens in most civil cases?
Parties come to an agreement before a trial date is set
Balance of probabilities
Beyond a reasonable doubt- criminal, responsibility- civil
Application of rule of law
common law is based on precedent, civil law is focused on relationships between people
Trial by oath helping
loved ones would swear on oath on behalf of the accused
Trial by combat
two parties involve engage in a duel
Trial by Ordeal
the accused would have to endure an ordeal to determine their innocence or guilt
Ordeal by maze
you have 5 minutes to find you way out of a maze
ordeal of hot water
the accused would retrieve an object from a pot of boiling water, 3 days later if it was infected, the accused was found guilty
ordeal of cold water
the accused is plunged into cold water, if they floated without the act of swimming, they were found guilty, if they sank they were innocent
Ordeal of fire
both parties were required to walk across 3 metres of red hot plowshares, whoever healed after 3 days was found innocent
Ordeal of ingestion
the accused is given bread and cheese, if they choke, they are guilty
Ordeal of the cross
the accuser and accused stand on either sides of the cross with their arms stretched horizontally, whoever lowered them first, lost
what did the code of hammurabi do for the development of law?
Created retribution and codification
retribution
a repayment; a deserved punishment
Codification
the process of preparing a code
What did moses and mosaic law do for the development of law?
created restitiution
restitution
Offender required to repay victim for stolen goods
What did roman law do for the development of law?
created lawyers and more complexed laws, everyone was equal under the law
What is common law?
law made by judges through their decisions, not through specific statutes
What is a precedent?
something that has been done that can later serve as an example or rule of how things should be done
What are the benefits of precedent?
without precedent, similar cases result in unlike decisions, a lawyer can advise a client the probable outcome based on past decisions, judges cannot show favouritism
What is the adversarial system?
a legal system in which two sides, represented by lawyers, present arguments to a third uninvolved party
Advantages of the Adversarial System
both parties get to present arguments and evidence, decision reached is binded on both sides, legal professionals, specialized knowledge.
disadvantages of the adversarial system
expensive, time consuming, fairness is questioned, system can be abused, drives parties further apart
What is negotiation?
Both parties reach an agreement
What is mediation?
Where both parties appoint a mediator to help them reach a settlement
What is arbitration?
Where both parties submit a dispute to one or more arbitrators who make the decision
Note 
Flashcard (41)