BASIS OF LAW PART 1 What is law

BASIS OF LAW PART 1 What is law? What were early law systems? What is the difference between common law and civil law?

Brainstorm a list of 5 things you do each day. • Choose 3 of those things and complete the table below (you don’t need to write anything down, but be prepared to share): Every day action: How influenced by law? Why do those laws exist?

Fall 2016 – 1 st period Every day action: Example: Driving How influenced by law? Driving age, DMV licenses, Traffic laws and punishments Why do those laws exist? Public safety, identification and documentation reasons

WHAT IS LAW?

Law • Formal system of rules that guide and govern behavior • Current goals of law: • • Keep peace Prevent violence Resolve potential and current conflict Promote order and stability Promote desirable social and moral behaviors Represent the will of the majority Protect the rights of minorities

EARLY LAW SYSTEMS

Code of Hammurabi • 1760 BCE – ancient Mesopotamia • Hammurabi – Babylonian king • 1 st known written code of law • 282 laws • Based on lex talionis – Latin for “law of retaliation” “eye for an eye” • “slave for a slave” •

Code of Hammurabi • “If a man has struck his father, his hand shall be cut off. ” • “If he has shattered a gentleman’s limb, they shall shatter his limb. ” • “If he has caused the loss of a gentleman’s eye, they shall cause him to lose one eye. ” • “If he has caused a commoner to lose his eye, he shall pay one mina of silver. ” • “If he has caused the loss of an eye of a gentleman’s servant, he shall pay half his price. ” • “If a slave has struck a free man, they shall cut off his ear. ”

Draco’s Code • 621 BCE • Athens, Greece • Draco – appointed by Athenian aristocrats, who were losing power to farmers/small landowners, to write the first law code of Athens • Written laws could only be deciphered by the literate – rich/educated aristocrats

Draco’s Code • No written transcript of the laws – originally written on wood, then on stone that eroded • Death for small crimes • Biased towards the rich • Unnecessarily harsh– “draconian” • Replaced in 594 BCE by Solon, who kept only the homicide laws

Justinian Code • 534 BCE • AKA Corpus Juris Civilis – Latin for “Body of Civil Law” • Civil law – system of codified (written) laws and statutes • Statute – a codified law that has been passed by a legislative body • Issued by Byzantine Emperor Justinian I • After the fall of the Roman empire, the eastern part of the former empire became the Byzantine Empire

Justinian Code • Gathered and revised previous Roman law that was confusing and contradictory • Wrote the new set of laws on 12 bronze tablets • Legal basis for criminal justice, marriage, property, slavery, and women’s rights. • Eventually adopted by the Roman Catholica Church – “canon law” (laws of the church) – these laws existed after the fall of the Byzantine Empire

Justinian Code • All women could own property, make contracts, and bring a lawsuit. • Women could not inherit property from husband, unless stated in a will. Children received equal amounts of father’s estate. • Robbery was not a crime, but the victim could sue the robber for up to 4 x the value of the stolen property. • Homicide was punished by banishment from the empire.

English Common Law • Began to form in 1066 CE after the Norman Conquest • Common law– law system based on case law and precedents • Precedent - past decision from previous court cases that set examples for future court cases • Based on stare decisis – Latin for “to stand by things decided” • Lower courts make decisions consistent with previous decisions of higher courts • Mostly uncodified Plaque in Jamestown, VA - 1 st permanent English settlement in North America, est. 1609

COMMON LAW VS. CIVIL LAW

Civil Law vs Common Law Civil Law Common Law Example Justinian Code, current European nations (except Great Britain) English legal system, American legal system Source of law Passed legislation, statutes, codes Case law (court case precedents) based on cultural customs and traditions Codified? (Written? ) Yes, written codes Mostly not, case records were kept in “yearbooks” Judicial role in law-making None, court applies law to cases Active and creative in revising laws Judicial review of statutes No, courts cannot evaluate laws Yes, courts can evaluate laws to approve or reject them Verdict and sentencing determined by… 1 or a panel of judges Jury -verdict Judge - sentencing Role of judge in trial Actively participates in seeking of evidence and examining of witnesses Acts as a referee between opposing lawyers presenting evidence and examining witnesses