Key Terms
Two core questions law tries to answer
1. Who is responsible, and what is their liability?
Rule of Law
A system in which laws are public knowledge, clear in meaning, and apply equally to everyone.
Origin
Developed in Europe; based on Roman and Napoleonic law.
Core concept
All legal rules are contained in one or more comprehensive legislative codes. During Napoleon's reign, France developed
Precedent
A judicial opinion considered legal authority for future cases involving the same or similar questions of law.
Adversarial system
Parties bring cases to court; judge or jury hears evidence and arguments; parties bear the burden of investigating facts
Jury system
In both civil and criminal matters, parties typically have the right to a jury of peers. The judge acts as "gatekeeper"
Where used
Europe, Central and South America, Asia, Africa. Spread through French, German, Dutch, Spanish, and Portuguese colonial
Also called
Code systems.
Inquisitorial system
Judges actively investigate cases. Judges may request documents and testimony; they shape the parties' legal claims.
No jury
Cases are decided by judges without a jury.
Source
Sacred texts of religious traditions. Apply to all aspects of life, including social and business relations.
Challenge
The ruler is often seen as "above the law" because the laws do not apply equally to the ruler and subjects.
Definition
A combination of two or more legal systems within a single nation.
Social norms
Informal rules governing behavior in groups and societies. Violating them brings social or professional consequences onl