Chapter 1

Question 1

Adversarial System

Answer 1

The legal system in the United States is known as an adversary system. In this system, the parties to a controversy develop and present their arguments, gather and submit evidence, call and question witnesses, and, within the confines of certain rules, control the process. The fact finder, usually a judge or jury, remains neutral and passive throughout the proceeding.

Question 2

Assizes

Answer 2

The practice of court

Question 3

Case law / Common law

Answer 3

Case law is the set of existing rulings which made new interpretations of law and, therefore, can be cited as precedent

Question 4

Circuit Judges

Answer 4

Judges who travel. First founded in England

Question 5

Code of Hammurabi

Answer 5

The Code of Hammurabi is a well-preserved Babylonian law code, dating back to about 1772 BC. It is one of the oldest deciphered writings of significant length in the world. The sixth Babylonian king, Hammurabi, enacted the code, and partial copies exist on a human-sized stone stele and various clay tablets. The Code consists of 282 laws, with scaled punishments, adjusting “an eye for an eye, a tooth for a tooth” as graded depending on social status, of slave versus free man

Question 6

Code of Li K’vei

Answer 6

The code of laws dealt with theft, robbery, prison, arrest and general rules. It served as a model for the subsequent Tang Code.

Question 7

Codified

Answer 7

Arrange (laws or rules) into a systematic code

Question 8

Divine Right

Answer 8

Asserts that a monarch is subject to no earthly authority, deriving the right to rule directly from the will of God

Question 9

Great Laws of Manu

Answer 9

Ancient Hindu text that law out some basic laws

Question 10

Habeus Corpus

Answer 10

Requires a person under arrest to be brought before a judge or into court. This ensures that a prisoner can be released from unlawful detention, in other words, detention lacking sufficient cause or evidence.

Question 11

Justinian’s Code

Answer 11

The Justinian Code was the collection of Roman Law into a single volume by Justinian, Emperor of Byzantium.It included existing Roman Laws and ones Justinian added himself (including the invention of the convenience store), the whole was completed by 534 AD, and is still the basis today of many legal codes and systems in the Western world.

Question 12

Magna Carta

Answer 12

A document that said that the king of England could not punish someone for no apparent reason and that not even he was above the law.

Question 13

Mosaic Law

Answer 13

10 laws given to Moses by the high heavens

Question 14

Napoleonic Code

Answer 14

The Napoleonic Code - or Code Napoléon (originally, the Code civil des français) - 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.

Question 15

Quebec Civil Code

Answer 15

The code of modern day Quebec, based upon the French Civil Code

Question 16

Restitution

Answer 16

The convicted must pay back the victom

Question 17

Retribution

Answer 17

Justice by revenge

Question 18

Rule of Law

Answer 18

Recongize that Law is necessary to society 2. It applys to everyone 3. Nobody is above the law, people in power can not change the law to suite their needs

Question 19

Rule of Precedent

Answer 19

In common law legal systems, a precedent or authority is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts.

Question 20

Stare Decisis

Answer 20

Stare Decisis is a legal principle by which judges are obliged to respect the precedent established by prior decisions.

Question 21

The Great Binding Law

Answer 21

An old Native American treaty that binded many Indian Tribes throughout North America

Question 22

Trial by Combat

Answer 22

Trail by Combat was in popular use during medieval England. Two parties would choose one representive to fight one another in combat. They believed that God would defend the innocent.

Question 23

Trial by Ordeal

Answer 23

The accused underwent torture to determine guilt or innocence.

Question 24

Trial by Oath Helping

Answer 24

A friend or family member would swear on the bible that you where innocent, many people where God fearing back then.