Chapter 1 Flashcards
Adversarial System
Two must convince impartial judge of case.
Assizes
a trial session, civil or criminal, held periodically in specific locations in England, usually by a judge of a superior court
Case Law/Common Law
Lowest form of law
Circuit Judges
Traveling judges in medieval England
Code of Hammurabi
earliest set of known laws, Babylonian
Code of Li K’vei
Ancient Chinese laws
Codified
Written down with some organization.
Divine right
God given right, refers to monarchs.
Great laws of Manu
Ancient Indian laws
Habeus Corpus
Must be brought forth to court after being arrested to ensure that you can be held prisoner.
Justinians Code
Organization of Roman law commissioned by Babylonian emperor Justinian.
Magna Carta
recognized individual basic rights for people in England
Mosaic Law/10 commandments
Biblical law put forth by Moses
Napoleonic Code
French civil code set forth by Napoleon
Quebec Civil Code
Based off French civil code, handle private matters in Quebec.
Restitution
Base on paying back victim fairly
Retribution
Based on victim getting revenge
Rule of Law
1) Law is necessary to run society
2) Law applies equally to everyone
3) People are not governed by arbitrary power
Rule of Precedent
To have similar sentence to a past similar case, if new then will be new precedent.
Stare decisis
Judge is obliged to stand by decisions made by past judges
The Great Binding Law (Gaynashagowa)
Laws of the Iroquois Confederacy.
Trial by Wombat
One must chose a wombat to fight on their behalf, to the death.
Trial by oath helping
If a friend swears on the bible that you are innocent, you may be released.
Trial by ordeal
Trial by cake, water, coals etc.
