chapter 1 Flashcards
Adversarial System
The judicial process wherby evidence is presented by two opposing parties to an impartial judge
Assizes
Traveling courts
Case/Common Law
A method of deciding cases based on recorded decisions of simmilar cases
Circut Judges
Judges of travelling courts
Code of Hammurabi
One of the earliest known sets of recorded laws, written by king hammurabi of babylon
code of Li K’vei
a set of chinese laws written around 350 BCE
Codified
arranged and reccorded systematically
Divine right
The concept that monarchs and their successors derived their power to rule from god and were accountable only to god
Great laws of manu
Indian laws compiled between 1280 and 880 BCE, previously transfered through oral translation
Habeas Corpus
A court order desinged to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time
Justinian’s code
The clarification and organization of Roman law commisioned by justinian 1
Magna Carta
A charer of political and civil rights singed in 1215 at Runnymede in England
Mosaic Law / 10 Commandments
Biblical or hebrew law found in the book of Exodus / laws given to Moses to guide the Hebrew people
Napoleonic Code
the civil law of France completed in 1804 (also called the French Civil Code)
Quebec Civil Code
The system of law used in Quebec for resolving private matters
Restitution
Payment made by the offender to the victim of a crime
Retribution
Justice based on vengance and punishment
Rule of Law
A principle of justice stating that the law is necessary to regulate society, that law applies equallt to everyone, and that people are not governed by arbitrary power
Rule of precedent
Applying a previous decision to a case that has similar circumstances
Stare Decisis
A Latin phrase meaning “to stand by the decision”
The Great Binding law (Gaynashagowa)
The Constitution of the Iroquois Confederacy
Trial by combat
Determining guilt or innocence by having the parties fight a duel
Trail by Oath Helping
requiring friends of the accused to swear on the bible that he or she was innocent
Trial by ordeal
Requiring a person to undergo torture to determine guilt or innocence
