Chapter 1 Flashcards
Adversarial System
The legal system in which an advocates is chosen to represent a party in front of an impartial judge.
Assizes
Established by King Henry II
Essentially portable courts that travelled to various villages consisting of circuit judges.
Case Law/Common Law
Law based on past cases Cases can become statutes Common to all people Developed in English Courts Stare Decisis Rule of Precedent
Circuit Judges
Travelling judges in assizes
Created by King Henry II
Code of Hammurabi
Made by the King of Babylon (1792-1759 BC)
Patriarchal
Earliest knows set of written lawsRetribution & some restitution
Code of Li K’vei
Approximately 350 BC
Chinese
Dealt with theft, robbery, prison, and arrest
Codified
Arranged and recorded systematically
Divine Right
The principle that Kings possessed the wisdom of god and that they had the right to create laws.
Great Laws of Manu
Written in many different languages
Passed through oral tradition
Writted in India in 1280-800 BC
Habeas Corpus
Must have the body
Anyone charged with a crime must be brought before a judge within a reasonable time to determine the legitimacy of their arrest
Justinian’s Code
Byzantine Emperor Justinian commissioned 10 men to clarify and study the 1600 books of Roman lawCompleted in 529 AD
Modern Concept of Justice
Basis of civil law
Magna Carta
Restricted the powers of the king
Established by nobles
Defined rights and freedoms of citizens
Mosaic Law/10 Commandments
Believed to be received by Moses from God
Found in the Book of Exodus
Restitution
Equality
Napoleonic Code
Created by Napoleon to unify French law
Went into effect in 1804
Accessible to the public
Civil matters
Quebec Civil Code
Based on the French Civil Code
Restitution
The method of attempting to compensate the victim for any damage and attempting to integrate the criminal back into society
Rule of Law
A principle of justice
Law is necessary to regulate society
Law applies equally to everyone
People can’t exercise arbitrary power except in accordance with the law
Stare Decisis
Stand by the decision
In court judges must stand by the decisions made in past cases
Rule of Precedent
Modern Stare Decisis
In court judges must stand by the decisions made in past cases
Retribution
The method of punishing the criminal for their crime
Often draconian
The Great Binding Law (Gaynashagowa)
The Constitution of the Iroquois Confederacy1720 five Aboriginal nations, the Mohawk, the Onodaga, the Seneca, the Oneida, the Cayuga, and the Tuscarora established the Iroquois Confederacy
Heavy focus on females to pass down the lineage
Trial by Combat
The process of resolving disputes through combat
A person could be hired to fight in ones stead
Trial by Oath Helping
Ones friends could swear on the bible ones innocence
Used for less serious charges
Trial by Ordeal
The accused had to undergo torture, and the outcome would be determine their guilt or innocence
