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American Legal History Quiz #1

Terms in this set (55)

"give to Caesar" (Jesus's speech)
Insinuates the separation of Church and state
"give back to caesar what is caesar's, and give to God what is God's"
Romans 13
The authorities that exist have been established by God
- Whoever rebels against authority rebels against God
- Rulers are God's agents, agents of wrath to bring punishment to wrongdoers
golden rule
"So in everything, do to others what you would have them do to you, for this sums up the Law and the Prophets" (Matthew 7:12; cf. Luke 6:31)
cicero
-Tried, but failed, to defend the republic from dictators like Julius Caesar
- Cicero is noted for having reshaped and transmitted the Greek Stoics' tradition of Natural Law
natural law
- God is everywhere, rational processes in nature shows that there is a divine rule
- Justice is inherent in nature
Includes: principle of human equality (there is no difference in kind within the species), government by consent (a commonwealth is the property of the people), tyranny is frowned upon because the commonwealth belongs to everyone, established property rights, mixed constitution is the best - a mix of monarchy, oligarchy and democracy
capital crimes
- Capital crimes entail the penalties of death, the loss of civil rights, or servitude. For capital crimes, the most extreme penalty is death by hanging, or burning alive
republic
- government by consent
- government belongs to the people
- res publica - thing of the public
mixed constitution
Cicero's ideal arrangement is a mix of three elements: monarchy, oligarchy, and democracy
public law vs private law
Public Law: Constitution law, administrative law and criminal law.

Private Law: Property law, contract law, and tort law, family law
Body of civil law (Romans)
Consists of
- Justice
- burden of proof
- criminal intent
- confessions
- legal penalties
- torture
- law of persons
- slavery & equality
- the origin of slavery
common law vs civil law
civil law was based on legal codes, which left judges with less discretion
common law was judge made law, in a time when courts preceded Parliament
sui juris
- Some persons are legally independent (sui juris), while some are subject to the power of others. Slaves are subject to the power of a master... Our children, born from a lawful marriage, are in our power" (Institutes, 1.8-9).
torture (Roman Law)
- Judges should not begin the investigation by resorting to torture, but should first examine all the evidence. If, after having done so, they think that torture should be applied to ascertain the truth, they should resort to it only where the rank of the persons involved justifies such a course
- When a gladiator or some person of this kind must serve as a witness, his evidence is not to be believed, unless he is subjected to torture
due process
- Part of Roman Common law
presumption of innocence
Part of Roman common law, the burden of proof
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