Revision E 1 Part 2 Answer the following

Revision E 1 Part 2

Answer the following questions: 1. What was the earliest source of law before the advent of writing? 2. Which was one of the earliest written codes? 3. What was an outstanding example of early law-making in ancient Greece? 4. What was the earliest codification of Roman law? 5. Which codification had the greatest impact on European legal systems?

Answer the following questions: 6. When was Justinian’s Code compiled? 7. What did it consist of? 8. Where and when was Roman law rediscovered in Europe? 9. What is the reception of Roman law? 10. What was the emergence of national codifications related to?

Answer the following questions: 11. What is the difference between Justinian's code and national codifications? Who were they addressed to? 12. Where did the Napoleonic code exert great influence? 13. Where has the German code been used as a model? 14. How would you explain the emergence of English common law? 15. What is the common law based on, as opposed to civil law systems? 16. What are the main differences between the common law and civil law traditions?

Fill in the missing words: abuses, code, custom, judgments, law, legal, Tables The Twelve ______allegedly were written by 10 commissioners (decemvires) at the insistence of the plebeians, who felt their _____ rights were hampered by the fact that court______ were rendered according to unwritten _______ preserved only within a small group of learned patricians. Beginning work in 451, the first set of commissioners produced 10 tables, which were later supplemented by 2 additional tables. In 450 the ________ was formally posted, likely on bronze tablets, in the Roman Forum. The written recording of the _____ in the Twelve Tables enabled the plebeians both to become acquainted with the law and to protect themselves against patricians’ ______of power.

Key The Twelve Tables allegedly were written by 10 commissioners (decemvires) at the insistence of the plebeians, who felt their legal rights were hampered by the fact that court judgments were rendered according to unwritten custom preserved only within a small group of learned patricians. Beginning work in 451, the first set of commissioners produced 10 tables, which were later supplemented by 2 additional tables. In 450 the code was formally posted, likely on bronze tablets, in the Roman Forum. The written recording of the law in the Twelve Tables enabled the plebeians both to become acquainted with the law and to protect themselves against patricians’ abuses of power.

cases, commercial, custom, debt, rights, Tables, validity The Twelve _______ were not a reform or a liberalizing of old ______. Rather, they recognized the prerogatives of the patrician class and of the patriarchal family, the ______ of enslavement for unpaid ______, and the interference of religious custom in civil _____. That they reveal a remarkable liberality for their time with respect to testamentary _____ and contracts is probably the result not of any innovations by the decemvires but rather of the progress that had been made in _________ customs in Rome in an era of prosperity and vigorous trade.

Key The Twelve Tables were not a reform or a liberalizing of old custom. Rather, they recognized the prerogatives of the patrician class and of the patriarchal family, the validity of enslavement for unpaid debt, and the interference of religious custom in civil cases. That they reveal a remarkable liberality for their time with respect to testamentary rights and contracts is probably the result not of any innovations by the decemvires but rather of the progress that had been made in commercial customs in Rome in an era of prosperity and vigorous trade.

Provide the terms matching the following definitions: A common tradition or usage so long established that it has the force and validity of law Custom A system or collection of laws Code Legal responsibility for one’s actions and an obligation to compensate for an injury liability

Provide the terms matching the following definitions: An expert in law; a person versed in the science of law; a legal scholar Jurist Law governing a church Canon law The right or power to administer justice and to apply laws Jurisdiction A case brought to court by a private person; an action or proceeding in a civil court lawsuit

Provide the terms matching the following definitions: The process by which Roman law became the subsidiary law of most of Europe Reception of Roman law The part of English law based on rules developed by the royal courts during the first three centuries after the Norman Conquest as a system applicable to the whole country, as opposed to local customs Common law A judgment or decision of court used as an authority for reaching the same decision in subsequent cases precedent

Provide the terms matching the following definitions: The principle that all persons are equal before the law, and that official position provides no authority to act contrary to law Rule of law A loss of property to penalize a failure to act in accordance with a legal requirement Forfeiture The criminal offence of betraying one’s country especially by attempting to overthrow the government treason

Answer the following questions: What constitutes a legal system? What is a source of law? What are the major sources of law? How would you define case law? How can we define a precedent? Which type of legal reasoning is deductive: civil law or common law? Which type of legal reasoning is inductive: civil law or common law? Why have civil law and common law systems come closer together recently? What is the impact of international law on national legal systems?

Answer the following What is needed in order to constitute custom as a source of law? What are the most important religious legal traditions today? What is the longest, continuously operating legal system in the Western world? What is one of the hallmarks of Western legality regarding law and religion? Which religious legal traditions have been adopted as state law? Why is Islamic law considered to be immutable? What is the customary Hindu law based on? What are the two theories of Chinese law?

Fill in the missing words: civil, code, common, criminal, hybrid, law, sources In ______ law systems, the sole source of ______is the appropriate code, such as the civil ______ or the _______ code; whereas in _________ law systems there are several _______ that combine to form “the law”. Civil law systems often absorb ideas from the common law and vice-versa. Scotland, for instance, has a ______form of law, as does South Africa, whose law in an amalgam of common law, civil law and tribal law.

Key In civil law systems, the sole source is the appropriate code, such as the civil code or the criminal code; whereas in common law systems there are several sources that combine to form “the law”. Civil law systems often absorb ideas from the common law and vice-versa. Scotland, for instance, has a hybrid form of law, as does South Africa, whose law in an amalgam of common law, civil law and tribal law.

Fill in the missing words: case, common, disputes, Judgements, judges, precedent, statute Judicial ______ (also: ______ law, or judge-made law) is mostly associated with jurisdictions based on the English _______ law, but the concept has been adopted in part by Civil law systems. Precedent is the accumulated principles of law derived from centuries of decisions. _______ passed by judges in important cases are recorded and become significant source of law. When there is no ______on a particular point which arises in changing conditions, the ______ depend on their own sense of right and wrong and decide the ________ from first principles. Authoritative precedent decisions become a guide in subsequent cases of a similar nature.

Fill in the missing words: analogy, authority, cited, court, judicial , judgement, precedent The dictionary of English law defines a ______ precedent as a _______ or decision of a ______ of law cited as an _______ for deciding a similar state of fact in the same manner or on the same principle or by _______. Another definition declares ______to be, " a decision in a court of justice _______in support of a proposition for which it is desired to contend".

Key Judicial precedent (also: case law, or judge-made law) is based on the doctrine of stare decisis, and mostly associated with jurisdictions based on the English common law, but the concept has been adopted in part by Civil Law systems. Precedent is the accumulated principles of law derived from centuries of decisions. Judgements passed by judges in important cases are recorded and become significant source of law. When there is no statute on a particular point which arises in changing conditions, the judges depend on their own sense of right and wrong and decide the disputes from first principles. Authoritative precedent decisions become a guide in subsequent cases of a similar nature. The dictionary of English law defines a judicial precedent as a judgement or decision of a court of law cited as an authority for deciding a similar state of fact in the same manner or on the same principle or by analogy. Another definition declares precedent to be, " a decision in a court of justice cited in support of a proposition for which it is desired to contend".

Provide the terms for the following definitions: A punishment for a crime; a measure taken against a state to compel it to obey international law or to punish it for a breach of international law. Sanction A legally binding agreement between two or more parties Contract A formal legal document by which a person, the testator, determines the distribution of his or her property after death Will The transfer of property of a deceased person to his or heirs succession

Provide the terms for the following definitions The system of fundamental rules and principles that prescribes the nature, functions, and limits of a government (or another institution) and the rights of citizens Constitution The body of law set out in judicial decisions, as distinct from statute law Case law The body of law established by a legislative body Statutory law To establish by legal and authoritative act enact

Provide the terms for the following definitions Decisions of judges to be followed in later, similar cases Precedent The action of making a law Enactment An official set of laws and regulations Code The act of bringing together various Acts of Parliament which deal with one subject into a single Act Consolidation

Translation Where civil law proceeds from general principle to general principle, common law proceeds from case to case. Where cases have formed the primary source of the common law, statutes and codified law have been the civil law counterparts. While common lawyers think in terms of the parties and their particular legal relationship, civil lawyers think in terms of the existing enacted rules, codified or statutory, which may be applied to a given situation.

Translation No legal system can be properly understood without investigating its religious roots. For example, the Roman Catholic Church has the longest, continuously operating legal system in the Western world. The rise of secularism has not completely extinguished the impact of religious law. Nevertheless, one of the hallmarks of Western legality is the separation between church and state.

Answer the following: What is the main aim of the doctrine of separation of powers? What are three branches of government? What is the highest legislative body? What are the main functions of the legislature? Who can introduce new legislative proposals? What is the main function of the executive branch? What is the highest executive body? What does the composition of government depend on?

Answer the following Where is judicial system embodied in? What is the main function of the judiciary? What is the last instance court for appeals within the national court system? What is the main purpose of criminal law? What does civil justice deal with? What does civil law inlcude? What is the aim of the family justice system? What does administrative justice deal with? What are the negative aspects of litigation? What is an alternative to litigation?

Answer the following What is alternative dispute resolution (ADR)? What are the main forms of alternative dispute resolution? What are the advantages of ADR compared to court litigation?

Fill in the missing words: Constitution, Declaration, executive, independently, jurisprudence, Laws, powers The term "separation of ______" was coined by Montesquieu, an 18 th century French social and political philosopher. His publication, "Spirit of the ______, " is considered one of the great works in the history of political theory and ______. It inspired the _________ of the Rights of Man and the ________ of the United States. Under his model, the political authority of the state is divided into legislative, _______ and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and act _______.

Fill in the missing words: branch, checks, government, functions, power, prevent, Separation ________ of powers, therefore, refers to the division of ______ responsibilities into distinct branches to limit any one ______ from exercising the core ________ of another. The intent is to ______the concentration of _______ and provide for _______ and balances.

Key The term "separation of powers" was coined by Montesquieu, an 18 th century French social and political philosopher. His publication, "Spirit of the Laws, " is considered one of the great works in the history of political theory and jurisprudence. It inspired the Declaration of the Rights of Man and the Constitution of the United States. Under his model, the political authority of the state is divided into legislative, executive and judicial powers. He asserted that, to most effectively promote liberty, these three powers must be separate and act independently. Separation of powers, therefore, refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances

Fill in the missing words: branches, constitution, enacting, executive, implementing, judicial, legislative The traditional characterizations of the powers of the _____of government are: The ______ branch is responsible for _____ the laws of the state and appropriating the money necessary to operate the government. The _______ branch is responsible for ______and administering the public policy enacted and funded by the legislative branch. The _______ branch is responsible for interpreting the ______ and laws and applying their interpretations to controversies brought before it.

Key The traditional characterizations of the powers of the branches of American government are: The legislative branch is responsible for enacting the laws of the state and appropriating the money necessary to operate the government. The executive branch is responsible for implementing and administering the public policy enacted and funded by the legislative branch. The judicial branch is responsible for interpreting the constitution and laws and applying their interpretations to controversies brought before it.

Provide the terms for the following definitions: A body of persons vested with power to make and repeal laws. Legislature Consisting of one legislative chamber Unicameral Consisting of two legislative chambers Bicameral to establish by legal and authoritative act specifically : to make into law enact

Provide the terms for the following definitions: to give something to someone as their share of a total amount, to use in a particular way Allocate A body of ministers consisting mostly of heads of chief government departments but also including some ministers with few or no government responsibilities; it is headed by the Prime Minister Cabinet/government The giving of judgment; a sentence or decree. adjudication

Provide the terms for the following definitions: A complaint to a superior court of an alleged injustice created by an inferior court. Appeal to end a law, agreement, or custom formally Abrogate To officially stop a document, law, decision, etc being legally or officially acceptable Invalidate

Provide the terms for the following definitions: A lawyer representing the state in the criminal trial Prosecutor A conflict or controversy; a conflict of claims or rights; an assertion of a right, claim, or demand on one side, met by contrary claims or allegations on the other side. Dispute One who makes a legal claim in civil proceedings claimant

Provide the terms for the following definitions: A lawsuit; legal action; the act or process of proceeding against someone in a court action. Litigation Various methods of resolving civil disputes otherwise than through the litigation process of the court system. Alternative dispute resolution (ADR)

Provide the terms for the following definitions: A form of alternative dispute resolution; a private, informal dispute resolution process in which an independent third party, the mediator, helps disputing parties to reach an agreement. Mediation an alternative dispute resolution (ADR) process whereby the parties to a dispute use a conciliator, who meets with the parties both separately and together in an attempt to resolve their differences. They do this by lowering tensions, improving communication, interpreting issues, encouraging parties to explore potential solutions and assisting parties in finding a mutually acceptable outcome. conciliation

Provide the terms for the following definitions: The determination of a dispute by one or more independent third parties (the arbitrators) rather than by a court. Arbitrators are appointed by the parties in accordance with the terms of an arbitration agreement or in default by a court. An arbitrator is bound to apply the law accurately but may adopt whatever procedure he chooses. The judgement of an arbitrator is called an award Arbitration An independent official appointed by governments or organizations (e. g. the EU) to receive and investigate complaints from private citizens. Ombudsman

Translation The judicial branch of government administers justice within a number of systems, depending on the type of dispute. The principal line is drawn between the civil and criminal law, which is enforced through a system of civil and criminal courts respectively. While in criminal law the prosecutor (the state) seeks to punish a criminal offender, civil justice deals with resolving conflicts or disputes between natural and legal persons concerning their private interests. Such proceedings are initiated by the claimant and generally do not involve the public interest.

Translation Resolving a case in court is subject to strict and detailed procedural rules. It usually entails considerable costs of litigation (court and lawyer’s fees), and tends to be time-consuming. As an alternative to litigation, where a court adjudicates and enforces a solution, a number of alternative dispute resolution formats (ADR) have developed in order to achieve dispute resolution in a more collaborative way.