Chapter 1 Flashcards
adversarial system
The adversarial system is a legal system where two advocates represent their parties’ positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case
assizes
a court which formerly sat at intervals in each county of England and Wales to administer the civil and criminal law. In 1972 the civil jurisdiction of assizes was transferred to the High Court, and the criminal jurisdiction to the Crown Court.
case law/ common law
the law as established by the outcome of former cases. the part of English law that is derived from custom and judicial precedent rather than statutes.
Circuit Judge
Circuit judges are senior judges in England and Wales who sit in the Crown Court, county courts and certain specialized sub-divisions of the High Court of Justice
code of hammurabi
babylonian code from 1772 bc 282 laws with punishments (eye for an eye)
code of li k’vei
Chinese laws written around 350 BC. These laws dealt
with theft, robbery, prison and arrest.
codified
systematic organization of methods, rules, etc.
divine right
the right that the kings of England had to say they got there power from god
great laws of manu
Indian laws compiled between 1280 and 880 BC.
Previously they had been passed by word of mouth.
habeas corpus
a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.
justinian code
Roman law: the legal code of ancient Rome; codified under Justinian; the basis for many modern systems of civil law
magna carta
the royal charter of political rights given to rebellious English barons by King John in 1215
mosaic law
The ancient law of the Hebrews, attributed to Moses and contained in the Pentateuch. bible law
napoleonic code
The Napoleonic Code ‒ or Code Napoléon ‒ is the French civil code established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs should go to the most qualified
Quebec civil code
the civil code in force in the province of Quebec, Canada, which came into effect on January 1, 1994. It replaced the Civil Code of Lower Canada
restitution
the restoration of something lost or stolen to its proper owner.
retribution
punishment inflicted on someone as vengeance for a wrong or criminal act.
rule of law
law is necessary, law applies to everyone, no arbitrary use of power
rule of precedent
A court decision that is cited as an example or analogy to resolve similar
stare decisis
The policy of courts to abide by or adhere to principles established by decisions in earlier cases.
the great binding law
Great Law of Peace of the Six Nations (Oneida, Mohawk, Cayuga, Onondaga, the Seneca and Tuscarora)
trial by combat
Trial by combat was a method of Germanic law to settle accusations in the absence of witnesses or a confession in which two parties in dispute fought in single combat; the winner of the fight was proclaimed to be right. In essence, it was a judicially sanctioned duel.
trial by oath helping
were someone would wold vow that the accused was guilty or not guilty.
trial by ordeal
ordeal: a primitive method of determining a person’s guilt or innocence by subjecting the accused person to dangerous or painful tests believed to be under divine control; escape was usually taken as a sign of innocence
