Chapter 1

Question 1

Adversial System

Answer 1

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.

Question 2

Assizes

Answer 2

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.

Question 3

Caw Law/Common Law

Answer 3

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.

Question 4

Circuit Judges

Answer 4

Judges that were a part of the traveling courts.

Judged in assizes.

Used common law and case law to make decisions on local disputes.

Question 5

Code of Hammurabi

Answer 5

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.

Question 6

Code of Li K’vei

Answer 6

Set of ancient Chinese laws (around 350 BCE).

Codified

Laws dealing with theft, robbery, prison, and arrest.

Question 7

Codified

Answer 7

Arranged and recorded systematically.

Written law.

Question 8

Divine Right

Answer 8

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).

Question 9

Great Laws of Manu

Answer 9

Indian laws compiled between 1280-880 BCE.

Previously transferred from generation to generation through speech; not codified.

Question 10

Habeas Corpus

Answer 10

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.

Question 11

Justinian’s Code

Answer 11

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.

Question 12

Magna Carta

Answer 12

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.

Question 13

Mosaic Law/10 Commandments

Answer 13

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.

Question 14

Napoleonic Code

Answer 14

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.

Question 15

Quebec Civil Code

Answer 15

System of law used in Quebec for resolving private matters.

Much of it derived from the Napoleonic Code (French Civil Code).

Question 16

Restitution

Answer 16

Payment made by the offender to the victim of the crime.

Common in the event of damage to property or theft.

Question 17

Retribution

Answer 17

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.

Question 18

Rule of Law

Answer 18

1. Everyone must accept that law is necessary to regulate society.
2. Law applies equally to everyone including those in places of power and/or authority.
3. No one in our society has the power to exercise unrestricted power unless in accordance with the law.

Question 19

Rule of Precedent

Answer 19

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.

Question 20

Stare Decisis

Answer 20

“To stand by the decision” (Latin)

Basis of the rule of precedent.

To stand by previous decisions already made in similar cases.

Question 21

Ten Commandments

Answer 21

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.

Question 22

The Great Binding Law

Answer 22

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.

Question 23

Trial by Combat

Answer 23

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.

Question 24

Trial by Oath Helping

Answer 24

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.

Question 25

Trial by Ordeal

Answer 25

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”).”