Chapter 1 Flashcards
Adversial System
Judicial process where the evidence is presented by two opposing parties before and impartial judge and/or jury.
Common system used today.
Justice-based principles.
Lawyers argue cases.
Assizes
Travelling courts.
Introduced by King Henry II: bring some consistency and fairness into the law.
Circuit judges traveled from town to town to resolve local disputes.
No written/codified law, judges had to rely on their own common sense and principles of justice.
Caw Law/Common Law
Case Law: method of deciding cases based on previous similar cases.
Rule of precedent applied.
Stare Decisis
Common Law: law developed in English courts; relies on case law and is common to all people.
Based on local customs, traditions, and morals.
Differs from place to place.
Circuit Judges
Judges that were a part of the traveling courts.
Judged in assizes.
Used common law and case law to make decisions on local disputes.
Code of Hammurabi
One of the earliest known forms of recorded (codified) laws.
Created by King Hammurabi of Babylon (1792-1750 BCE).
Based largely upon retribution.
Reflected a patriarchal (male-dominated) society.
The law gave the wealthy more protection from punishment.
Code of Li K’vei
Set of ancient Chinese laws (around 350 BCE).
Codified
Laws dealing with theft, robbery, prison, and arrest.
Codified
Arranged and recorded systematically.
Written law.
Divine Right
The belief that monarchs and their successors derived their power to rule from God and were accountable for their only by only God.
Magna Carta restrained this exercise of power.
King William
Were above the law (essentially WERE the law).
Great Laws of Manu
Indian laws compiled between 1280-880 BCE.
Previously transferred from generation to generation through speech; not codified.
Habeas Corpus
Court order designed to prevent unjust/unlawful arrest.
Ensured that anyone detained is charged before a court within a reasonable amount of time.
“You must have the body” (Latin)
A component of the Magna Carta.
Part of the Canadian Charter of Rights and Freedoms.
Everyone is entitled to a court appearance.
Justinian’s Code
Codified Roman law.
Commissioned by Byzantine Emperor Justinian I (527-565 CE).
Route word and basis of Justice.
Compilation of 1600 books of Roman law by 10 men.
Completed in 529 BCE.
Formed the basis of Civil Law.
Magna Carta
Charter of political and civil rights.
Signed in June 1215 at Runnymede England by King John.
Also called the Great Charter.
Began the fall of monarchy, undermined thing kings abuse of power.
Mosaic Law/10 Commandments
Biblical or Hebrew law found in the Book of Exodus.
Laws given to Moses to guide the Hebrew people.
Laws received from God at the top of Mount Sinai by Moses.
Forbidden to to commit murder, adultery, and theft, and to worship other gods.
Napoleonic Code
Civil law of France.
Completed and put into effect in 1804.
Also called the French Civil Code.
Created by Napoleon Bonaparte after the revolution was over; gained political control of the government of France.
Spread into much of Europe as Napoleon conquered other countries.
Quebec Civil Code
System of law used in Quebec for resolving private matters.
Much of it derived from the Napoleonic Code (French Civil Code).
Restitution
Payment made by the offender to the victim of the crime.
Common in the event of damage to property or theft.
Retribution
Justice based on vengeance and punishment.
Eye for an eye.
No excuses, for example: if a physician kills a patient (even by accident), his hands shall be cut off. -Code of Hammurabi
Death penalty.
Rule of Law
- Everyone must accept that law is necessary to regulate society.
- Law applies equally to everyone including those in places of power and/or authority.
- No one in our society has the power to exercise unrestricted power unless in accordance with the law.
Rule of Precedent
Judges applying a previous decision to a case with similar circumstances.
“Treat like cases alike and different cases different”
Could go against this rule in the event of new technology being involved since the last case and/or laws and beliefs have changed.
Stare decisis.
Stare Decisis
“To stand by the decision” (Latin)
Basis of the rule of precedent.
To stand by previous decisions already made in similar cases.
Ten Commandments
Laws given to Moses (given from God) to guide the Hebrew people.
Based largely upon retribution.
Formed Mosaic law.
Written about 500 years after the death of Hammurabi.
The Great Binding Law
The Constitution of the Iroquois Confederacy.
Aboriginal nations involved: the Mohawk, Onondaga, Seneca, Oneida, and Cayuga.
Created around 1450.
1720 the Tuscarora joined the Iroquois League of Nations.
Also called Gayanashagowa.
Outlined the rights, duties, and responsibilities of the people.
Included laws involving adoption, emigration, treason, and secession.
Trial by Combat
Determining guilt or innocence by having the parties fight a duel.
Both persons would have the same weapon equipped.
Created after the Norman invasion of England in 1066.
Presumed that God would be on the side of the innocent, the guilty would be killed.
Trial by Oath Helping
Requiring friends of the accused to swear on the Bible that he or she was innocent.
Would be easy to lie but feared the retribution of God if they did.
Also called compurgation, from Latin meaning “to purify with.”
If friends complied, the innocent would be freed.
Trial by Ordeal
Convicted individual would undergo torture to determine guilt or innocence.
God was to be the judge in such situations (good overpowered evil).
Convicted would only undergo this trial if sentence was the death penalty.
“Trial by hot iron,” “trial by hot water,” and “trial by cold water (“swimming a witch”).”
