Chapter 1 Flashcards

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1
Q

Adversarial System

A

Judicial process where evidence is presented by two opposing parties to an impartial judge/jury

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2
Q

Assizes

A

Travelling courts

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3
Q

Case Law

A

A method of deciding on cases based on previous decisions of similar cases

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4
Q

Circuit Judges

A

Judges of travelling courts/assizes

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5
Q

Code of Hammurabi

A

Earliest known set of written laws based on retribution and restitution

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6
Q

Code of Li k’vei

A

A set of Chinese laws written around 350 BCE

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7
Q

Codified

A

To be arranged and recorded systematically

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8
Q

Divine right

A

Concept where monarchs felt that their power to rule was from God and that they were accountable to only God

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9
Q

Great laws of Manu

A

Indian laws compiled between 1280 and 880 BCE, previously transferred through oral tradition

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10
Q

Habeas Corpus

A

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

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11
Q

Justinian’s Code

A

Formed the basis of civil law. It was the clarification and organization of Roman Law commissioned by Justinian I

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12
Q

Magna Carta

A

Established the rule of law and was the first step towards human rights. Charter of political and civil rights signed in 1215 in England

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13
Q

Mosaic Law

A

Biblical or Hebrew law found in the book of exodus. Also known as the ten commandments. More concern over punishment of deliberate actions

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14
Q

Napoleonic Code

A

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

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15
Q

Quebec Civil Code

A

The system of law used in Quebec for resolving private matters. Formed as a result of the Napoleonic Code

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16
Q

Restitution

A

Payment made by the offender to the victim of a crime

17
Q

Retribution

A

Justice based on vengeance and punishment

18
Q

Rule of Law

A

Principle of Justice. 1. Law is necessary to regulate society 2. Law applies equally to everyone 3. No arbitrary power

19
Q

Rule of Precedent

A

To apply a previous decision to a case that is similar

20
Q

Stare decisis

A

A latin phrase meaning “to stand by the decision”

21
Q

The Great Binding Law (Gaynashagowa)

A

The Constitution of the Iroquois Confederacy

22
Q

Trial by combat

A

Determining guilt or innocence by having both parties fight a duel

23
Q

Trail by oath helping

A

To have friends of the accused swear on the Bible that he or she was innocent

24
Q

Trail by ordeal

A

To have a person undergo torture to determine guilt or innocence