Which sources of law can be distinguished in the several periods of the Roman Empire and do they have much influence on the law today?
-Corpus iuris civilis – a new collection of old rules
-Twelve Tables – contains solutions to the social problems of the time and cannot be categorized as a real codification
-Twelve Tables – contains solutions to the social problems of the time and cannot be categorized as a real codification
Name two resemblances and two differences between Islamic and Hindu law.
- Both have religious writings at the base of their social and/or economic life
- Both are influenced by their colonial period
- Islamic = Koran, if customary law from the Arab peoples did not seem to go well with the belief in Allah, Muhammad would change or add to the customary law. Sunna, documents contain material of the successive stages of doctrinal development during the first centuries of Islam – only 1 god (Allah)
- Hindu – does not matter where you live, the law always applies to you.
- Both are influenced by their colonial period
- Islamic = Koran, if customary law from the Arab peoples did not seem to go well with the belief in Allah, Muhammad would change or add to the customary law. Sunna, documents contain material of the successive stages of doctrinal development during the first centuries of Islam – only 1 god (Allah)
- Hindu – does not matter where you live, the law always applies to you.
Explain in your own words: what is Common Law and what is Equity? Is there another source of law in this system?
Common Law – a complete body of law in which court decisions are regarded first, lawyers refer to cases rather than articles, and judges have more freedom
Equity – writs were regarded as “the law” until 1300
Common law is main rule
Equity is a specific performance (supplement/writs)
Equity – writs were regarded as “the law” until 1300
Common law is main rule
Equity is a specific performance (supplement/writs)
What is the legal resemblance between the Soviet regime in Russia, and the People’s Republic of China in the past? Can you also find a striking difference in the present?
Similarity: Communist system (socialist) – no difference between public/private law
Difference: Russia tried to introduce the Democratic idea/idea of ownership… led to chaos. Chinese still have centralized control, more power.
Difference: Russia tried to introduce the Democratic idea/idea of ownership… led to chaos. Chinese still have centralized control, more power.
Where do you come from and in which of the families of law can you put your country’s law? Which factors are decisive in putting your country’s law in the family of your choice?
I come from the USA. My country has a common law family. The fact that we depend heavily on court decisions (precedents) and our judges are allowed much freedom. Also, lawyers will refer to cases during a court session rather than articles.
Try to explain in your own words why it is important to make a distinction between private and public law
There needs to be a distinction in order to make sure people are tried fairly. Without distinction, laws can be interpreted very differently and many lines may be crossed without intention. By having the distinction, the law remains just.
True/False, why?
Because of the high density of rules in the NL, more litigation in formal courts takes place than in neighboring countries such as Germany and Belgium
Because of the high density of rules in the NL, more litigation in formal courts takes place than in neighboring countries such as Germany and Belgium
False – difference in how attorneys’; fees are calculated and paid AND the different numbers of alternative and pre-court conflict institutions
Flashcard set info:
Author: CoboCards-User
Main topic: Law
Topic: International Law
Published: 05.04.2011
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