CJL3038 EXAM 3 QUESTIONS AND
ANSWERS. VERIFIED 2025/2026.
Families of Law - ANS different legal families reflect different histories and traditions
-attitudes of how laws should be made and enforced
Families of law themes - ANS -most are a mix of legal traditions
ex of themes: trade, travel, colonialism, immigration
Family of Law:
Common Law - ANS -The Adversarial System
-began as way to create "common" and consistent law.
Themes:
-Aims to provide certainty and clarity to the justice system to assist in conflict resolution
-Judge-made law (key role of discretion and precedent)
-Adversarial nature
-Participation of average citizen
Present in:
US, England, Ireland, Canada (not Quebec), Etc.
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
,Family of Law:
Civil Law - ANS -Inquisitorial System
-Based on Roman Law (created written laws that would be used to guide decisions)
Themes:
-Focus on clear written codes (rather than precedent)
-Search for Truth
-Judges and lawyers work together to gather information
-Judges make final decision
Present in:
Brazil, Mexico, France, Germany, India, etc.
Socialist Law History - ANS -Identified w/ Communism
(can have socialist ideas w/ formal state and legal systems)
-Created by Marx & Engels
-Law used as a way to support political and economic domination (powerful classes take
advantage of working class)
-Working class taught that the law is objective and fair
-Predicted that tension b/w rich and poor would continue to build until there would be a
revolution
-Revolution -> lead to classless society
(workers would collectively work and produce goods and there would be no exploitation. no
need for laws. individuals regulated and controlled through social pressure and commitment to
society)
-Russian Revolution 1917, Soviet Union spread ideas internationally
-Today's communist views: China, Cuba, Laos, North Korea, Vietnam
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, Family of Law:
Socialist Law - ANS -Humans seen as imperfect and flawed (due to societies we are part of.
ex: slavery, feudalism, exploitation, etc.)
-Law is not neutral or objective
-Law used to advance socialist views
ex: Self defense - individuals expected to stand their ground, supports courage and wrongdoers
forfeit their right to life
Socialist Law Cont. - Themes - ANS -Property (economy should be publicly owned)
-Security (Limits on individual rights to safeguard the government from threats)
-Education (promotion of ideas and self-service and self-sacrifice for the welfare of society)
Socialist Law Cont. - in Court - ANS -Judges selected by the legislative branch. Subject to
removal and punishment if they fail to follow law
-"Comrades Court"
~Minor Disputes (vandalism, traffic issues)
~Established wherever is convenient (factories, apartment buildings, etc.)
~Defendants who are convicted can receive various punishments (ask to apologize, warning,
fine, etc.)
Family of Law:
Theocratic Law - ANS -Based on religion and religious values (ex: Islamic Law)
-Strong focus on Morals
-Combo of societal, legal and spiritual guidelines
-Look to religious texts to create law
-Law not just used to regulate society, but structure a divine life
Present in: Saudi Arabia, Iran
3 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
ANSWERS. VERIFIED 2025/2026.
Families of Law - ANS different legal families reflect different histories and traditions
-attitudes of how laws should be made and enforced
Families of law themes - ANS -most are a mix of legal traditions
ex of themes: trade, travel, colonialism, immigration
Family of Law:
Common Law - ANS -The Adversarial System
-began as way to create "common" and consistent law.
Themes:
-Aims to provide certainty and clarity to the justice system to assist in conflict resolution
-Judge-made law (key role of discretion and precedent)
-Adversarial nature
-Participation of average citizen
Present in:
US, England, Ireland, Canada (not Quebec), Etc.
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
,Family of Law:
Civil Law - ANS -Inquisitorial System
-Based on Roman Law (created written laws that would be used to guide decisions)
Themes:
-Focus on clear written codes (rather than precedent)
-Search for Truth
-Judges and lawyers work together to gather information
-Judges make final decision
Present in:
Brazil, Mexico, France, Germany, India, etc.
Socialist Law History - ANS -Identified w/ Communism
(can have socialist ideas w/ formal state and legal systems)
-Created by Marx & Engels
-Law used as a way to support political and economic domination (powerful classes take
advantage of working class)
-Working class taught that the law is objective and fair
-Predicted that tension b/w rich and poor would continue to build until there would be a
revolution
-Revolution -> lead to classless society
(workers would collectively work and produce goods and there would be no exploitation. no
need for laws. individuals regulated and controlled through social pressure and commitment to
society)
-Russian Revolution 1917, Soviet Union spread ideas internationally
-Today's communist views: China, Cuba, Laos, North Korea, Vietnam
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, Family of Law:
Socialist Law - ANS -Humans seen as imperfect and flawed (due to societies we are part of.
ex: slavery, feudalism, exploitation, etc.)
-Law is not neutral or objective
-Law used to advance socialist views
ex: Self defense - individuals expected to stand their ground, supports courage and wrongdoers
forfeit their right to life
Socialist Law Cont. - Themes - ANS -Property (economy should be publicly owned)
-Security (Limits on individual rights to safeguard the government from threats)
-Education (promotion of ideas and self-service and self-sacrifice for the welfare of society)
Socialist Law Cont. - in Court - ANS -Judges selected by the legislative branch. Subject to
removal and punishment if they fail to follow law
-"Comrades Court"
~Minor Disputes (vandalism, traffic issues)
~Established wherever is convenient (factories, apartment buildings, etc.)
~Defendants who are convicted can receive various punishments (ask to apologize, warning,
fine, etc.)
Family of Law:
Theocratic Law - ANS -Based on religion and religious values (ex: Islamic Law)
-Strong focus on Morals
-Combo of societal, legal and spiritual guidelines
-Look to religious texts to create law
-Law not just used to regulate society, but structure a divine life
Present in: Saudi Arabia, Iran
3 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
