Unit 1 Law test

Only apply to participants in a given activity

Apply to all members of society at all times

All laws list the rights and obligations of each person in society

The steps involved in protecting the rights given under substantive law

Property law: expel trespassers, sell property, pay property tax

A property owner discovers people trudging on her property, she can take steps to stop trespassers or get compensation

law dealing with the relationship between government and individuals

law that is involved between private individuals or groups

criminal act

Capability of committing a crime

both must be present for a crime to be committed

Parties come to an agreement before a trial date is set

Beyond a reasonable doubt- criminal, responsibility- civil

common law is based on precedent, civil law is focused on relationships between people

loved ones would swear on oath on behalf of the accused

two parties involve engage in a duel

the accused would have to endure an ordeal to determine their innocence or guilt

you have 5 minutes to find you way out of a maze

the accused would retrieve an object from a pot of boiling water, 3 days later if it was infected, the accused was found guilty

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

both parties were required to walk across 3 metres of red hot plowshares, whoever healed after 3 days was found innocent

the accused is given bread and cheese, if they choke, they are guilty

the accuser and accused stand on either sides of the cross with their arms stretched horizontally, whoever lowered them first, lost

Created retribution and codification

a repayment; a deserved punishment

the process of preparing a code

created restitiution

Offender required to repay victim for stolen goods

created lawyers and more complexed laws, everyone was equal under the law

law made by judges through their decisions, not through specific statutes

something that has been done that can later serve as an example or rule of how things should be done

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

a legal system in which two sides, represented by lawyers, present arguments to a third uninvolved party

both parties get to present arguments and evidence, decision reached is binded on both sides, legal professionals, specialized knowledge.

expensive, time consuming, fairness is questioned, system can be abused, drives parties further apart

Both parties reach an agreement

Where both parties appoint a mediator to help them reach a settlement

Where both parties submit a dispute to one or more arbitrators who make the decision