Term
| Who set the standard for all subsequent Western Philosophy ?When did he live? |
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Definition
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|
Term
| What did Socrates investigate? |
|
Definition
| Development of the moral character |
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|
Term
| What was one of Socrates main theories? |
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Definition
| Individuals must always obey the law |
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Term
| What kind of method did socrates apply ? |
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Definition
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Term
| What is Plato's main theoretical concept for association?When did he live? |
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Definition
Primitive man's inability to defend himself from wild nature, thus must from groups.
427BC - 347 BC |
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Term
| What are Plato's three classes? |
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Definition
| Warriors(sense of justice) , Rulers(highest, philosopher king), all others or workers |
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Term
| What are Plato's five steps for a government( 5 forms of government)? |
|
Definition
1.Timocracy - many well educated families rule the state, love of honor is the ruling principle.
2. Oligarchy - ruled by a few strong families, who seek their own advantage (money)
3.Democracy - worst form of government, leads to dissolution of classes and total equalization. Someone can use peoples desires for their own benefit
4. Tyranny- The absolute ruler essentially is seeking only to increase his own personal power and wealth; can transform into the perfect state of government :
5. Monarchy - One ruler, Philosopher King |
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Term
| Plato's social theory has three points : |
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Definition
1. People associate because they cannot survive and satisfy their needs alone
2. After that they need to satisfy and protect their needs thus classes emerge
3. In the perfect form of gov. or society the naturally superior class or individual should govern other classes |
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Term
| Who tutored Alexander the conqueror ? When did he live? |
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Definition
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Term
| What did Aristotle think about the best form of government? |
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Definition
| That different races are suited for different races of government. |
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Term
| What did Aristotle say about the best state under existing circumstances? |
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Definition
| The best state will enable anyone to act in the best and live in the happiest manner, be self sufficient, support for religious worship, secure morality through educational influences of law and early training. |
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Term
| How would you explain the view that Aristotle had of the society and government? |
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Definition
| It's balanced and practical taking into account the differing needs and characteristics of different societies. |
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Term
| What is law for Aristotle ? |
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Definition
| Law is the outward expression of the moral ideal without the bias of human feeling |
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Term
| What did the christian philosophers preach? |
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Definition
| Philosophy of love and forgiveness, espoused the Golden Rule, do onto others as you would have them do unto you, love thy neighbor as yourself. |
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Term
| What did the Christian philosophers consider as the creator of the State? |
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Definition
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Term
| Did the Christian philosophers develop their own ideas ? If not then whose were they? |
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Definition
| No, they just added the concept of church as the organ of political power to Greek philosophy. |
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Term
| Who was the most influential christian philosopher ?When did he live? |
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Definition
| St. Augustine of Hippo 354-430 AD |
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Term
| What did St Augustine frame and emphasize ? |
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Definition
| Emphasized the importance of church in politics. Framed the concepts of original sin and just war. |
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Term
| What did Thomas Aquinas develop? |
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Definition
| A synthesis of Christianity and Aristotelian philosophy that became the official doctrine of Roman Catholic theology. |
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Term
| What did Aquinas think was the best form of government, why? When did he live ? |
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Definition
| Monarchy because it is more efficient and energetic. 1224- 1274 |
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Term
| What was the bold claim Aquinas made ? |
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Definition
| That temporal power and rulers are subject to the spiritual sovereign (The Pope) |
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Term
| Who presented the theory of social contract? Lived when? |
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Definition
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|
Term
| Who developed the social contract theory first ? |
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Definition
Socrates by staying in Athens to obey the law and accept the death penalty.
Plato talked about it as well in Republic |
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Term
| Definition of Social Contract Theory ? |
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Definition
| An agreement(can be hypothetical), entered into by individuals, that results in the formation of the state or of organized society, the prime motive being the desire for protection, which entails the surrender of some or all personal liberties |
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Term
| What is Hobbes Concerned about? |
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Definition
| The problem of social and political order : how humans can live together in peace and avoid the danger and fear of civil conflict |
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Term
| How did Hobbs's background influence his work? |
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Definition
| He lived during the English Civil war thus he was concerned with order and safety. |
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Term
| According to Hobbes what do all men share ? |
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Definition
| They are free and equal and share the same motivation : to attain happiness(felicity). Felicity is a continual progress of the desire from one object to another. No desire is good or bad. |
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Term
| According to Hobbes what do mens desires do to him ? |
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Definition
| Puts him in a conflict with his fellow men or at a state of war. |
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|
Term
| Hobbs's idea of a fundamental law of nature ? |
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Definition
| Man ought to desire peace and do whatever reasonable to attain it. |
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Term
| How do men according to Hobbs enter into the social contract ? |
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Definition
| Man is endowed with reason to recognize his predicament and find a solution which leads to civil peace, so the solution involves him entering into a social contract with other men. |
|
|
Term
| Hobbs's fundamental concept ? |
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Definition
| In order to survive people must band together in society to avoid a war of each against all. |
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Term
|
Definition
| Hobbs's explanation. Where politcal power is lacking, our fundamental right seems to be to save our skins, by whatever means we think fit. Where political authority exists, our duty seems to be: to obey those in power. |
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Term
| Whose theories are at the heart of our legal systems |
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Definition
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|
Term
| What kind of government did Hobbs support ? |
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Definition
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|
Term
| What is the philosophical principle of Christianity? |
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Definition
|
|
Term
| Whose ideas did the founding fathers use for their bases ? He lived ? |
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Definition
| John Locke. 1632-1704 England |
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|
Term
| Why was John Locke so radical in his thinking? |
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Definition
| He believed the people can govern themselves and look after the well being of society. Thus can be the government |
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Term
| Who believed in the natural rights, where it's used and what is the definition to it? |
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Definition
| Locke, U.S constitution, men in the state of nature are both free and equal. He believed mens state of nature is reason. Being all equal and independent, no one ought to harm one another in his life, liberty and possessions. Men have both rights and responsibilities. |
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Term
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Definition
| Devine right. Government should only operate with the consent of the people the are governing. |
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Term
| What kind of government did Locke support ? |
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Definition
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|
Term
| Why did Locke say, government are formed ? |
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Definition
| To protect the right to life, freedom and property. These right are absolute. |
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Term
| How did Locke say governments should be formed and what did he support ? |
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Definition
| Supported the separation of powers. Governments should divided equally into three branches, so that politicians will not grasp absolute power. If the government abused these rights then people had the right to rebel and form a new government. |
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|
Term
| Who had the biggest impact on American Revolution? He lived when? |
|
Definition
|
|
Term
| How did Rousseau see man? |
|
Definition
| Saw a fundamental divide between society and human nature. Man was good by nature but corrupted by society |
|
|
Term
| Who wrote the Social contract ?What is it about ? |
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Definition
| Rousseau. Expresses that we are corrupted by society. Government and authority is in a mutual contract with the governed. It implies that governed agree to be ruled only so that their rights property and happiness be protected. Once rulers cease to protect the ruled the social contract is broken and the governed are free to choose another set of governors - declaration of independence. |
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|
Term
| Who did Rousseau believe should be the sovereign ? |
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Definition
| The people his central concept was liberty |
|
|
Term
| Who articulated the idea of separation of powers? When did he live ? |
|
Definition
|
|
Term
| The difference in definitions for Hobbs and Rousseau for "Civil Society"? |
|
Definition
Hobbs- Essential for peace
Rousseau - to increase mans understanding to govern better or be an "intelligent being of a man" |
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|
Term
| Who is best known for his advocacy of utilitarianism ? When did he live? |
|
Definition
|
|
Term
| What was Bentham Oppose to ? |
|
Definition
|
|
Term
| What rights does Bentham claim exist and why? |
|
Definition
| Legal Rights- to give people protection of life, liberty, freedom of speech etc |
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Term
| Who propounded the formal concept of utilitarianism? Define it |
|
Definition
| Mill. Is the idea that the moral worth of an action is solely determined by its contribution to overall utility, that is, its contribution to happiness or pleasure as summed among all persons. Thus, moral worth of an action is determined by its outcome- the ends justify the means. Reflects the Golden Rule |
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|
Term
| Other ways to describe utilitarianism? |
|
Definition
| The golden rule or the greatest happiness principle |
|
|
Term
| What is the issue with the greatest happiness principle ? |
|
Definition
| You have to predict the future |
|
|
Term
| Who proposed the idea of categorical imperative? |
|
Definition
|
|
Term
| What is categorical imperative ? |
|
Definition
| Act accordingly to that law which you would wish to become the Universal law(so it applied against you as well). |
|
|
Term
| According to Kant what are is more important than the "good" |
|
Definition
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|
Term
| What idea opposes the Greatest Happiness Principle ? |
|
Definition
| The categorical imperative, the ends don't justify the means. |
|
|
Term
| What did Civil law derive from and what it is based on? |
|
Definition
|
|
Term
| What is Common law based off of? |
|
Definition
| Case law, the idea of precedent |
|
|
Term
| With what event did the common law system start to develop and when? |
|
Definition
| Norman Invasion of England in 1066 |
|
|
Term
|
Definition
| Former cases are used to help in decided current ones |
|
|
Term
| What is the first written code? |
|
Definition
|
|
Term
| What did the Greeks give us? |
|
Definition
|
|
Term
|
Definition
| Receiving the Roman law back into the legal system |
|
|
Term
| What two parts did the democracy consist of what are their purposes? |
|
Definition
Assembly and Council
Assembly- votes
Council- Researched and prepared the laws to vote on |
|
|
Term
| What did the Romans give us? |
|
Definition
|
|
Term
| What is Principle of Legality? |
|
Definition
| There is no crime without preexisting law and no punishment without preexisting law. |
|
|
Term
| What legal system did the Romans have? |
|
Definition
|
|
Term
| Difference between democracy and republic? |
|
Definition
Democracy - people vote
Republic - you elect people to vote for you |
|
|
Term
| Two most important offices of the Roman Republic? |
|
Definition
Senate and consul.
Senate - law making body
Consul- Two men to head the government |
|
|
Term
| Who was the first emperor of Rome after the Republic? |
|
Definition
|
|
Term
| What reforms did Caesar introduce? |
|
Definition
| Reduced corruption, gave more power to Roman families, reduced taxes, gave back land to small farmers. |
|
|
Term
| What was the fundamental problem with the republic? |
|
Definition
| No checks and balances. All power resided in the Senate |
|
|
Term
| Whats the significance of Justinian's code and when was it written? |
|
Definition
| 529 compiled all the writing of Roman law into ordered legal system |
|
|
Term
| What did Alfred the Great do significant? |
|
Definition
| Established his kingdom based on codes. No man is above or outside the law |
|
|
Term
| What is Statutory interpretation ? |
|
Definition
| The way the court interprets and applies the law (are pigs cattle?) |
|
|
Term
| What is Magna Carta? When was it written? Give examples |
|
Definition
Document of individual rights 1215.
1. Time and place for court
2.Punishment in proportion to the wrong(Principle of proportionality)
3. Cannot sell or deny justice - due process of law |
|
|
Term
| What is Habeas Corpus ?When was it written |
|
Definition
| 1679 - Bring us the body, people cannot be thrown is prison without a trial |
|
|
Term
| Where is the greatest happiness principle mentioned? |
|
Definition
| The United States Constitution |
|
|
Term
| Declaration of independence, when was it written and what does it say? |
|
Definition
| 1776. All men are created equal with certain rights unalienable rights that among these are Life, Liberty and the Pursuit of Happiness. |
|
|
Term
| When was the Constituion of the united states written? |
|
Definition
|
|
Term
| What is the bill of rights and what are some of the amendments? |
|
Definition
Rights for people.
I - freedom of religion, speech, press
II- Right to bear arms
IV- Against unreasonable seizures or searches
V- Double jeopardy , right to remain silent, magna carta (cannot be deprived of liberty life or property without due process of law)
VI - Speedy and public trial, informed with the nature and cause of the accusation, confronted with the witnesses, compulsory process have a lawyer
VIII - No excessive Bail, nor excessive fines, nor cruel or unussual punishments |
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|
Term
| 3 Basic Branches of the United States government are ? |
|
Definition
| Judicial, Legislative, Executive |
|
|
Term
| Examples for separation of Powers(checks and balances)? |
|
Definition
1. Judicial Review- courts can announce a law unconstitutional and void
2. Executive is the head of the army but legislative pays for the army
3. Legislative branch has the power to impeach public officials
4. Executive branch can veto a bill
5. Executive branch can negotiate treaties but the senate has to approve
6. Executive is the commender in chief but legislative can declare wars |
|
|
Term
| Definition for judicial review and where it came from? |
|
Definition
Came from the case Marbury vs Madison- where judge Marshall declared a law unconstitutional
Says that the courts must decide wether a statue is within constitutional limits if not then it should be declared unconstitutional and void |
|
|
Term
| When did the French adopt their civil code and by who? |
|
Definition
|
|
Term
| How is the french code written? |
|
Definition
| Plain and direct language, can be read by an average person. Took a few months to write. Did not list crimes created by superstition. Can get compensation for any injury. Secondary victims can get compensation. Protects the rights of the nation |
|
|
Term
| When was the German BGB written? |
|
Definition
|
|
Term
|
Definition
| Written over a period of 100 years.Can only be understood by persons with legal training. Only rights a person has are numerated and named you could get compensation for.Restrictive. |
|
|
Term
| How is English common law written? |
|
Definition
| It's restrictive. Tort has to have a name for one to go to court and get compensation. |
|
|
Term
| The role of the judge in common law vs civil law |
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Definition
Common law - Judge is a referee, does not ask questions, if there is no jury then the judge gives a judgment
Civil law- judge guides and directs the trial, asks questions decides on the evidence and witnesses, gives the judgment |
|
|
Term
| How the courts function in civil law countries vs common law countries ? |
|
Definition
Civil law- All parties work together to find the truth. Not so many rules of evidence, judgments are short
Common law - Combat trial, rules of evidence is long, truth will emerge if the parties act with utmost diligence |
|
|
Term
| What is the difference between a trial and appeal court? |
|
Definition
Trial - Parties call witnesses and show their evidence
Appeal- no witnesses or evidence, judges hear only the lawyers, do not question the findings, appeal court can reverse the decision or return the case |
|
|
Term
| What kind of evidence do courts want? |
|
Definition
| Relevant, non- prejudicial, legally obtained |
|
|
Term
| What is a burden of proof? |
|
Definition
| Refers to the level or extent of evidence which a party to a lawsuit must present in order to have a judgment given to their favor. |
|
|
Term
| Burden of proof in a civil law country? |
|
Definition
| One standard for both criminal and civil cases. State has the burden of proof. Has to be "Proved as True". |
|
|
Term
| Burden of proof in common law? |
|
Definition
In a money damages case- preponderance of evidence- meaning one party put just a little more evidence forward.
Criminal case - proved beyond reasonable doubt. |
|
|
Term
| Jurisdiction can be determined by the following criteria : |
|
Definition
| Territory, Victim origin, State interest, person who committed the crime, Universal Principle |
|
|
Term
| What is Ex Post Facto law? |
|
Definition
| A law that is adapted after the crime was committed cannot be punished for. |
|
|
Term
| How many elements of a crime must the prosecutor prove? |
|
Definition
|
|
Term
| What does the defendant have to prove? |
|
Definition
|
|
Term
| Purposes of criminal law are? |
|
Definition
| Restraint, rehabilitation, retribution, deterrence |
|
|
Term
| What do you have to prove in order to get a criminal found guilty? |
|
Definition
| Concurrence of the act and intent. Intent can be substituted with careless, intentional, negligence, recless. |
|
|
Term
| What are strict liability offenses? |
|
Definition
| State only has to prove the act. Taking a weapon on a plane, drunk driving, speeding etc |
|
|
Term
| What can be sentencing alternatives ? |
|
Definition
1. Prison
2. Probation
3. Community Service
4. Capital Punishment
5. Deferred imposition - if you prove to be "good" for an x amount of time the charges are dropped
6. Suspended sentence- you are getting a sentence after an x amount of time if you "play by the rules of the judge" but it still goes on your record |
|
|
Term
| Two important choices for the lawyers when making a contract are? |
|
Definition
1. Form selection- what court to use if there is a dispute
2. Choice of law |
|
|
Term
| Do contracts have to be written? |
|
Definition
| It depends, normally no, but some do. |
|
|
Term
| What kind of contracts have to be written? |
|
Definition
| Marriage, real estate, employment. |
|
|
Term
| Elements that have to be present to form a contract are? |
|
Definition
Civil law - Offer, acceptance and intent.
Common law adds consideration- something of value given i.e. giving a promise or money etc. |
|
|
Term
| What do courts need to consider when looking a a contract? |
|
Definition
| The context. The implied terms of the parties |
|
|
Term
| What are the duties of the parties of the contract? |
|
Definition
| Good faith and fair dealing. Communication. Mitigate (make your damages smaller when a contract is broken) |
|
|
Term
| Does civil law apply subjective or objective intent? |
|
Definition
| Subjective- LANDO rule objective- reasonable man standard |
|
|
Term
| Does common law apply subjective or objective intent? |
|
Definition
|
|
Term
| What is a 3rd party beneficiary ? |
|
Definition
| Party one and two make a contract in the benefit of a third. Life or car insurance. |
|
|
Term
|
Definition
Material - property, money, loss of income, exspenses
Non-material - mental-distress, honor, health, loss of life style, pain and suffering |
|
|
Term
| What is a summary judgment? |
|
Definition
| Don't have to go through a trial if the facts are agreed upon. |
|
|
Term
| What kind of promises courts do not enforce? |
|
Definition
| Illegal, Family matters, too vague, gift promise |
|
|
Term
| What are consequential damages requirement? |
|
Definition
1. Foreseeable to the breaching party
2. Directly related to the breach |
|
|
Term
| What is a specific performance ? Is it always available ? |
|
Definition
To ask the court to make the other party, who broke the contract, to perform it.
It is in civil law.
Common law only under specific circumstances, good are unique |
|
|
Term
|
Definition
| Wrongful injury where the wrongdoer must pay compensation for the injured party. |
|
|
Term
| What criteria has a person have to meet to be able to take a tort into court? |
|
Definition
| A person's life, body, health, freedom, property or other right bust be damaged or injured. |
|
|
Term
| What is a common law system for torts ? |
|
Definition
| Nominate system, where each tort has a name which you could file a law suit against if injured. |
|
|
Term
| What are the primary business form? |
|
Definition
Proprietorship- single owner
Partnership- Multiple owners
Corporation- is a legal person |
|
|
Term
| Pros and cons for proprietorship : |
|
Definition
Pros - Can make all the decision, get all the profits
Cons- One is personally liable , can lose one's own property, money etc -unlimited personal liability |
|
|
Term
| Pros and cons for partnership? |
|
Definition
Worst form business.
Pros: more capita than single owner
Cons: personally liable for your own and partners actions. |
|
|
Term
| Describe the corporate structure |
|
Definition
Corporate is a legal person. Can gather large amount of capital, easy transfer of ownership, limited liability to just your shares, lives forever. Can be established for capital for commerce.
Can get money by:
1. selling shares- owned by share holders who have voting rights but share the income
2.Profits
3.Loans- give out bonds for a certain period of time, people don't own the company but give a loan to the corporation and get interest, after the period is done they receive the amount loaned from the corporate. |
|
|
Term
| What kind of court case can one take to International Court of Justice? |
|
Definition
1. Party has to be a member of UN
2. Reciprocal jurisdiction- party has to agree to submit the case |
|
|
Term
| How to determine the nationality of a corporation ? |
|
Definition
Civil Law- Siege Social-ownership or operations
Common Law- Where the offices are; place of incorporation |
|
|
Term
| What do we learn from Keeler v Supreme Court? |
|
Definition
| Everyone is entitled to due process of law. Principle of legality. Judicial Review- the court cannot extend its powers to name a fetus a human being. |
|
|
Term
| What do we learn from J'aire v Gregory ? |
|
Definition
| Tort case, foreseeability and liability |
|
|
Term
| What did we learn from Wood V Lucy |
|
Definition
| Implied terms of the contract and the context |
|
|
Term
| What did we learn from Billman's INC V Oild Field |
|
Definition
All promises are not enforceable- consideration(there was none), promise was too vague.
Dissent: Reliance Liability |
|
|
Term
| What are the common elements in tort ? |
|
Definition
Value judgment(should)
Reasonable man standard
Proximity
Injury |
|
|
Term
|
Definition
| Justinian's code was written |
|
|
Term
|
Definition
| Norman invasion of England, Common law starting place |
|
|
Term
|
Definition
| Hebeas Corpus was written |
|
|
Term
|
Definition
|
|
Term
|
Definition
| American Revolution- Declaration of Independence |
|
|
Term
|
Definition
| French Code was Written and adapted |
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Term
|
Definition
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