1. Review for Unit 1 Test
Created by Educational Technology Network

2. Welcome to
Jeopardy!

3. Historical Perspectives of Law
Vocabulary
Historical Perspectives of Law
Categories of Law
Philosophies of law
Philosophers of law
100
200
300
400
500

4. Vocabulary- 100
The political or legal authority to pass and enforce laws, or the judicial authority to decide a case

5. Answer 1 – 100
Jurisdiction

6. The science and philosophy of law; study of our legal system
Vocabulary - 200
The science and philosophy of law; study of our legal system

7. Answer 1 – 200
Jurisprudence

8. Vocabulary- 300
The concept that true justice is concerned with more than simply the punishment of offenders strives to meet victims needs.
Hint: Emerged with Indigenous legal system.

9. Answer 1 – 300
Restorative Justice

10. Vocabulary - 400
A Latin term “reason for the decision”; the part of the judges decision that provides the legal reasoning for the judgement.

11. Answer 1 – 400
Ratio Decidendi

12. Vocabulary - 500
Identify and Describe the differences between primary and secondary sources of law and provide 3 examples of each.

13. Answer 1 – 500
Secondary: Laws that have been written down and are legally binding. (statute, constitutions, judicial decisions – case law)
Primary: original sources of law that have been influential in shaping substantive law. (Customs, religion, social and political influences)

14. Historical Perspectives of law- 100
Earliest known set of codified laws; based on restitution and retribution

15. Answer 2 – 100
Code of Hammurabi

16. Historical Perspectives of Law- 200
Set of 10 laws based on the word of god. Given to Moses on Mount Sinai

17. Answer 2 – 200
The 10 Commandments

18. Historical Perspectives of Law- 300
List and describe the 3 main trial systems used in the early British society.

19. Answer 2 – 300
Trial by Ordeal – only used if the sentence for guilt was the death penalty (accused must undergo an ordeal)
Trial by Combat – used to determine guilt or innocence (2 parties duel)
Trial by Oath Helping – required people who knew the accused to swear an oath on the Bible

20. Historical Perspectives of Law- 400
Describe the key similarities and differences between the adversarial and inquisitorial trial systems.

21. Answer 2 – 400
Adv: used in Canada, seeks truth by having 2 opposing parties, rep by lawyers, argue a case in front of an impartial judge who weighs the evidence
Inq: used in Europe, seeks the truth via questioning witness, judges play greater role + picking witnesses

22. Historical Perspectives of Law- 500
Define the term common law and outline how it developed under the reign of King Henry II

23. Answer 2 – 500
Law that relies on case law and is common to all people. Based on recorded decisions or similar cases
Assizes + circuit judges

24. Categories of Law - 100
Identify and Describe the main difference between public and private (civil) law.

25. Answer 3 – 100 Public: relationships between people and the state
Private: relationships between private individuals and individuals and organizations

26. Categories of law - 200
Law that prescribes the methods and steps of enforcing the rights and obligations of substantive law

27. Answer 3 – 200
Procedural law

28. Categories of law - 300
Law that defines the rights, duties and obligations of citizens and government

29. Answer 3 – 300
Substantive law

30. Categories of law - 400
List and describe the 3 types of public law

31. Answer 3 – 400 Criminal: identifies crimes and prescribes punishments
Administrative: relationship between people and government agencies and departments
Constitutional

32. Categories of law - 500
Identify and describe the 7 main types of private law

33. Answer 3 – 500 Tort Contract Family Wills and estates Property
Employment
Consumer

34. Philosophies of law -100
Philosophy based on moral principles that are ascribed to God and cannot be changed or overruled

35. Answer 4 – 100
Divine law

36. Philosophies of law- 200
Philosophy that believes the discipline of economics offers best explanation of functions of law.

37. Answer 4 – 200
Law based on economics

38. Describe the philosophy of critical legal studies
Philosophies of law- 300
Describe the philosophy of critical legal studies

39. Answer 4 – 300
Law is not neutral or value free. At times supports interests of those in power. Law should be a tool for social justice. Judges should use own discretion to insure law achieves justice.

40. Vocabulary Part
Identify and describe the theory of feminist jurisprudence, and list 3 specific amendments it has helped to make into law

41. Answer 4 – 400
Legal system upholds s/p/e inequality for women. Language creates and reinforces male values.
Employment / sexual harassment
Divorce
Domestic violence – bws
Political rights – person’s case

42. Vocabulary Part
Identify and describe the key difference between legal formalism and legal realism

43. Answer 4 – 500
Legal formalism: philosophy that recognizes law as a science + believes judges should merely apply the law. Law is enacted by a legislature derived from state.
Legal realism: philosophy that recognizes that law is vague; judges are real authors of law; judgements can be based on moods of judges. Judges shape precedents to reach own conclusions

44. Philosophers of law - 100
Believed that the ideal ruler of a society was a philosopher king + recognized inequalities in society.

45. Answer 5 – 100
Plato

46. Philosophers of law- 200
Believed that laws exist to preserve the social contract and benefit society as a whole. Thought that because ppl act out of self interest, which conflict with laws, they commit crimes

47. Answer 5 – 200
Beccaria

48. Philosophers of law- 300 Had 2 main ideas:
1) the great evils of human history follow from political injustice
2) once political injustice is eliminated, evils will disappear

49. Answer 5 – 300
John Rawls

50. Philosophers of law- 400
A philosopher that thought human law was more important than natural law. He thought that citizens make a social contract; surrender themselves to be governed

51. Answer 5 – 400
Hobbes

52. Question
Can be quoted as saying/ who is he and what was his philosophy
“It should be noted that different ways of knowing (ratio cognoscibilis) give us different sciences. The astronomer and the natural philosopher both conclude that the earth is round, but the astronomer does this through a mathematical middle that is abstracted from matter, whereas the natural philosopher considers a middle lodged in matter. Thus there is nothing to prevent another science from treating in the light of divine revelation what the philosophical disciplines treat as knowable in the light of human reason.”

53. Answer 5 – 500
Aquinas

54. Final Jeopardy Question
Scores

55. FINAL JEOPARDY
Select 5 philosophers and state whether they have a natural or positive law perspective. What would be their position on:
Euthanasia
Abortion
Capital punishment