Chapter 1 Vocab Flashcards
Adversarial System
Judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury
Assizes
Travelling courts (King Henry)
Case Law / Common Law
method of deciding cases based on recorded decisions of similar previous cases
Circuit Judges
judges of travelling courts (assizes)
Code of Hammurabi
First codified laws. Of babylon. Did not recognize the distinction between accidental and deliberate crime
Code of Li K’vei
Set of Chinese laws written 350 BC
Codified
arranged and recorded systematically
Divine Right
the idea that monarchs got their power to rule from God and they are therefore only accountable to God
Great laws of Manu
laws compiled in India- previously transferred orally
Habeas Corpus
court order designed to prevent unlawful arrest by ensuring anyone detained is brought before a court in a reasonable amount of time
“you must have the body”
Introduced in the Magna Carta
Justinian’s Code
clarification and organization of Roman Law commissioned by the Byzantine Emperor Justinian
Magna Carta
charter designed by King John of England recognized individual basic rights for people of England
Habeas Corpus
Rule of Law
He accepts limited power- no more divine right
Mosaic Law
Biblical or Hebrew law found in the Old Testament
Napoleonic Law
code of law in France commissioned by Napoleon
Quebec Civil Code
Based on French Civil Code
system of laws used in Quebec
Restitution
Punishment, requires offenders to pay back for harm or loss
Retribution
Punishment, by revenge.
Rule of Law
the part principle of justice stating that:
- Law is necessary
- Law is equal to Everyone
- No arbitrary power
Introduced in Magna Carta
Rule of Precedent
applying a previous decision to a case that has similar circumstances
Applies to Common Law
Stare Decisis
judges must abide by the decisions previous made
“Stand by the decision”
The Great Binding Law
constitution of the Iroquois Confederacy outlined laws for daily life
Trail by combat
determining guilt or innocence by having the parties involved fight a duel
Trail by Oath Helping
Having friends swear on the Bible of the accused innocence
Trail by Ordeal
requiring the accused to undergo torture to determine guilt or innocence
