Chapter 1 & 2 Flashcards
Common Law
Law that started in English courts relies on case and is common to all people
Trial by ordeal
Requiring a persons to undergo torture to determine guilt or innocence
Trial by oath of helping
Requiring friends of the accused to swear on the bible that he or she is innocent
Habeas corpus
A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time
Adversarial system
The judicial province whereby evidence is presented by 2 opposing parties an impartial judge or jury
Rule of law
the restriction of the arbitrary exercise of power by subordinating it to well-defined and established laws.
Case law
A method of deciding cases based on records of similar cases
Divine right
He concept that monarchs and their successors derived their power to rule from god and were accountable only to god
Assizes
Travelling courts
Mosaic law
Similar to the code of Hammurabi just a little less tight, started off with the Ten Commandments and continued with the first 5 books of the Old Testament.
Code of hammurabi
One of the oldest coded laws in existence
Restitution
Recompense for injury or loss
Stare decisis
A Latin phrase meaning to stand by decision
Magna Carta
A charter of political and civil rights signed in 1215 at runnymede in England
Precedent
an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.
Substantive law
A category of domestic law, which defines the rights duties and obligations of citizens and levels of government as an average citizen you are governed by substantive law
Administrative law
All the groups and departments of the government. They all play a role in regulating laws and relationship between the government of people
Constitutional law
Divides law into groups like federal provincial and municipal. It also limits the power to each category for example federal has the most power and municipal the least
Procedural law
Enforced laws differently so that everyone is treated fairly
Tort law
When someone is injured or harmed by someone else. This victim then seeks out compensation from the inflicted this is decided under the principles of tort law
All crimes are found in what document
Criminal code
“R” in a case citation stands for?
Regina which is Latin for queen and it means criminal case
