Justice Test 1

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codex justinian

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compiled all of the laws since the time of Hadrian

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digest

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issued in 533; compiled the writings of the great Roman justists; constituted both the current law of time and a turning point in roman law; most influential work

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institutes

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was intended as a sort of legal textbook for law shcools and included extract from the codex justinian and the digest

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novels

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other laws that justinian issued later; helped united empire and avoid chaos

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books of justinian

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of persons, of things, interstate succession, obligations arising from delicta

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when was hammurabi's code created

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1700 bc

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what is hammurabi's code

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laws were carved into a large column of rock for public viewing; based on the principle of "an eye for an eye; 282 clauses; punishment were barbaric

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what are the twelve tables

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ten roman men were given the power to write laws to govern rome; developed 12 laws surviving almost 1000 years

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justinian's code

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developed in 529AD; corpus juris civilis was inspired by the principle of the logic based greek law; modern justice was derived from his work

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first law school

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opened in 1100AD in Bologna Italy; the students spread roman law throughout europe

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blackstone's commentaries on the law of england

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1765AD; documents english law in a four volume set; made law available to common mad; was the law for the first century in the american colonies

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napoleonic code

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1804AD; france adopted a comprehensive code of laws that incorporates parts of roman law; available to public

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public law

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government laws or administrative law; how regulations are enforced

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private law

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laws for individuals; natural law, civil law, and law of nations

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law of nations

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equity between countries

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development of common law tradition

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feudal practices, custom, equity

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development of civil law tradition

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roman law, canon law, codification, justinians codification

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development of socialist law tradition

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russian law, law as artificial, marxism-leninism (newest)

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islamic tradition development

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quraan and sunna, ijma and qiyas, schools of law

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stare decisis

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courts are expected to abide by decided cases (presedent)

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united states civil law

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deals with matters such as contacts, ownership of property, and payment for personal injury

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canon law

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governs the church and rights and obligations of its followers

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who are all crimes in islam committed against?

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god/islam

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ijma

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consensus by jurists

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qiyas

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analogical reasoning

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qur'an

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holy book of islam; contains rules for the religious, personal, social, economic, and all other aspects of Muslims' lives

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shari'a

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"the path to follow"

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sunna

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the statement and deeds of Muhammad the Prophet; how he lived his life; helps to clarify, explain and amplify the qur'an

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sunnis

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believe the true successor of Muhammad can be elected from the people

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shiites

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believe the successor of Muhammad was his son-in-law and later his relatives

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synthetic groups

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categories of artificial groups

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authentic groups

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categories of natural groups; based on extensive groups

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aztec laws

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had judicial courts, attornies, judges; no trials for "supernatural" ideals-secular; tributes (taxes) to support govt and public and religious institutions

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aztec tributes

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taxes for govt and public/religious institutions

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figh

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developing body of laws that is derived from past traditions; figures out what the qur'an does not say; considered to be deepest possible understanding of Muhammad; implementable laws

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Hawla

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early effot system to transfer value; like an agency in authorized to act on behalf of someone else; courts based on this idea

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quad

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"limited liability" ideas that the owner is seperate from the company; court based on this idea

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qujas

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precendent; ruling by analogy; has own courts

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latif

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idea of 12 member jury of peers; idea of witness and defedents sworn to tell truth; unanimous verdict; jurors decision is binding on judge

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madrasas

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inns of the court; specialized training for judges and scholars

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waki

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defedents attorny

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islam separated into 4 groups

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secularists
traditionalists: religious law
reformers: new legal theory for contemporary times
salafis: more orthodox, follow Muhammad exactly

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qazi

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judges by appointment by religious leaders

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hadd crimes

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crimes against god; felonies

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tazir crimes

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crimes against society; misdemeanors

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qesar crimes

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revenge crimes; victims have right to seek vengence by can be tried for a hadd crime then

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categories of qesar punishments

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duja: "blood money" or "restitution" to victims
public execution: in past

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mazalin courts

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family law, civil law, religious law

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substantive law

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creates, defines, regulates rights; defines criminal behavior

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criminal law characteristics

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politicality: law comes from those who have authority to make it
specificity: specific and exact
uniformity: law impacts all in same way
penal sanction: notion of punishment

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major priniples of criminal law

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mens rea: guilty intent
actus reus: the act of the crime
concurrence: causal linkage to the harm done
harm: there has to be damage
causation: crime caused damage
punishment: consquence
legality: has to be illegal to charge someone