Chapter 1 Flashcards
Adversarial System
The judicial process whereby evidence is presented by two opposing parties to judge or jury
Assizes
Travelling courts
Case Law
Deciding cases based on recorded decisions of similar cases
Common Law
Developed in English court. relies on case law. Common to all
Circuit Judges
Judges of travelling courts
Code of Hammurabi
One of the earliest sets of recordelond law, written by King Hammurabi of Baby
Code of Li K’vei
Chinese laws written approx. 350 B.C.
Codified
Arranged and recorded systematically
Divine Right
Monarchs are given power to rule by God and were accountable only to God
Great Laws of Manu
Indian laws compiled between 1280 and 880 B.C. Before, they were spread by word of mouth
Habeas Corpus
“You must have the body” in Latin. A court order to prevent unlawful arrest, ensuring anyone detained is brought before a judge or court in a reasonable amount of time
Justinians’ Code
Clarification and organization of Roman law by Justinian I
Manga Carta
Charter of political and civil rights signed by King John in England in 1215 A.D.
Mosaic Law
(aka Hebrew Law, Biblical Law) found in Book of Exodus
Napoleonic Code
Civil law of France completed in 1804
Quebec Civil Code
System of law used in for resolving private matters
Restitution
Payment made by offender to victim of crime
Retribution
Justice based on vengeance a punishment
Rule of Law
- Law is necessary to regulate society
- Law applies to everyone equally
- People are not governed by arbitrary power
Rule of Precident
Applying a previous decision to a case of similar circumstances
Stare Decisis
“To stand by the decision”
The Great Binding Law (Gaynashagowa)
Constitution of Iroquois Confederacy
Trial by Combat
Determining guilt or innocence by having the partied fight a duel
Trial by Oath Helping
Having someone close to the accused swear on the bible they were innocent
Trial by Ordeal
A person undergoing torture to determine guilt or innocence
Ten Commandments
Laws given to Moses to guide Hebrew people