Chapter 1 - Our Legal Heritage

Question 1

Adversarial system

Answer 1

Judicial process by which evidence is presented by two opposing parties to an impartial judge or jury.

Question 2

Assizes

Answer 2

Travelling courts established by King Henry II.

See: circuit judges

Question 3

Case law/Common law

Answer 3

Method of deciding cases based on recorded decisions of similar cases.
Common law developed in England, relies on case law.

Question 4

Circuit judges

Answer 4

Judges of travelling courts established by King Henry II.

See: assizes

Question 5

Code of Hammurabi

Answer 5

One of the earliest sets of recorded laws, written by King Hammurabi of Babylon.
See: retribution, restitution

Question 6

Code of Li K’vei

Answer 6

Set of Chinese laws written around 350 BCE. Criminal code - laws dealt with theft, robbery, prison, arrest.

Question 7

Codified

Answer 7

Arranged and recorded systematically.

Question 8

Divine Right

Answer 8

Monarchs derived their power to rule from God and were only accountable to God. Henry II was the product of this belief system.

Question 9

Great Laws of Manu

Answer 9

Indian laws compiled between 1280 and 880 BCE, previously orally communicated.

Question 10

Habeas corpus

Answer 10

Court order with the purpose of determining that anyone detained is charged before a court within a reasonable amount of time. Designed to prevent unlawful arrest.
See: Magna Carta

Question 11

Justinian’s Code

Answer 11

Organization of Roman law commissioned by Justinian I. 10 men, 1600 books of Roman law. Code inspired modern concept of justice.

Question 12

Magna Carta

Answer 12

Charter of political and civil rights signed in 1215. One of history’s first constitutions.
See: Habeas Corpus, Rule of Law

Question 13

Mosaic Law

Answer 13

10 Commandments told to Moses by God. Biblical or Hebrew law found in the Book of Exodus.

Question 14

Napoleonic Code

Answer 14

Civil law of France completed in 1804. Also called French Civil Code. Compromise of Germanic law and Justinian Code. Non-technical style made it accessible to the people.
See: Justinian’s Code, civil law

Question 15

Quebec Civil Code

Answer 15

System of law used in Quebec for resolving private matters. Basis is French Civil Code.
See: French Civil Code

Question 16

Restitution

Answer 16

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

See: Code of Hammurabi

Question 17

Retribution

Answer 17

Justice based on vengeance and punishment.

See: Code of Hammurabi

Question 18

Rule of Law

Answer 18

1. Society is necessary to govern society.
2. Law applies equally to everyone.
3. No one has arbitrary power over the law.
   See: Magna Carta

Question 19

Rule of Precendent

Answer 19

Applying a previous decision to a case that has similar circumstances.
See: case law

Question 20

Stare decisis

Answer 20

“To stand by the decision.”

Question 21

Great Binding Law

Answer 21

Also Gayanashagowa, Constitution of the Iroquois Confederacy. Principles of justice similar to modern civil rights documents.

Question 22

Trial by Combat

Answer 22

Determining guilt or innocence by having the parties fight a duel.

Question 23

Trial by Oath Helping

Answer 23

Requiring friends of the accused to swear on the Bible that he or she was innocent.

Question 24

Trial by Ordeal

Answer 24

Torturing a person to determine guilt or innocence.