Chapter 1 Flashcards
Adversarial System
Judicial process where evidence is presented by two opposing parties to an impartial judge/jury
Assizes
Travelling courts
Case Law
A method of deciding on cases based on previous decisions of similar cases
Circuit Judges
Judges of travelling courts/assizes
Code of Hammurabi
Earliest known set of written laws based on retribution and restitution
Code of Li k’vei
A set of Chinese laws written around 350 BCE
Codified
To be arranged and recorded systematically
Divine right
Concept where monarchs felt that their power to rule was from God and that they were accountable to only God
Great laws of Manu
Indian laws compiled between 1280 and 880 BCE, previously transferred through oral tradition
Habeas Corpus
A part of the Magna Carta to determine legitimacy of people arrested and that anyone detained is charged before a court within a reasonable amount of time
Justinian’s Code
Formed the basis of civil law. It was the clarification and organization of Roman Law commissioned by Justinian I
Magna Carta
Established the rule of law and was the first step towards human rights. Charter of political and civil rights signed in 1215 in England
Mosaic Law
Biblical or Hebrew law found in the book of exodus. Also known as the ten commandments. More concern over punishment of deliberate actions
Napoleonic Code
Civil law of France completed in 1804 (also called the French Civil Code). People known knew their rights. Formed the basis of the Quebec Civil Code
Quebec Civil Code
The system of law used in Quebec for resolving private matters. Formed as a result of the Napoleonic Code
Restitution
Payment made by the offender to the victim of a crime
Retribution
Justice based on vengeance and punishment
Rule of Law
Principle of Justice. 1. Law is necessary to regulate society 2. Law applies equally to everyone 3. No arbitrary power
Rule of Precedent
To apply a previous decision to a case that is similar
Stare decisis
A latin phrase meaning “to stand by the decision”
The Great Binding Law (Gaynashagowa)
The Constitution of the Iroquois Confederacy
Trial by combat
Determining guilt or innocence by having both parties fight a duel
Trail by oath helping
To have friends of the accused swear on the Bible that he or she was innocent
Trail by ordeal
To have a person undergo torture to determine guilt or innocence
