Chapter 1 Vocab

Question 1

Adversarial System

Answer 1

The judicial process using evidence presented by two opposing parties to an impartial judge or jury.

Question 2

Assizes

Answer 2

Travelling courts (King Henry II)

Question 3

Case/Common Law

Answer 3

Method of deciding cases based on recorded decisions of similar cases. Common law is common to all people.

Question 4

Circuit Judges

Answer 4

Judges of travelling courts, originally from England (King Henry II)

Question 5

Code of Hammurabi

Answer 5

One of the earliest-known sets of recorded laws, written by King Hammurabi of Babylon.

Question 6

Code of Li’Kvei

Answer 6

A set of Chinese laws written around 350 BCE

Question 7

Codified

Answer 7

Arranged and recorded systematically.

Question 8

Divine Right

Answer 8

The idea that monarchs derived their power to rule from God, and that they were only accountable to God

Question 9

Great Laws of Manu

Answer 9

Laws compiled in India between 1280 and 880 BCE, previously transferred orally.

Question 10

Habeas Corpus

Answer 10

Latin for “you must have the body”, it is a court order designed to prevent unlawful arrest by ensuring anyone detained is brought before a court within reasonable amount of time.

Question 11

Justinian’s Code

Answer 11

Clarification and organization of Roman Law commissioned by the Byzantine Emperor Justinian I. It was basic civil law which dealt with personal issues, and inspired the modern concept of justice.

Question 12

Magna Carta

Answer 12

A charter signed by King John of England in 1215 that recognized individual basic rights for people in England. It essentially removed divine right from the king. Habeas Corpus is established.

Question 13

Mosaic Law/10 Commandments

Answer 13

Biblical/Hebrew Law found in the Old Testament. From the Book of Exodus, was focused more on deliberate actions and was less aggressive than Hammurabi.

Question 14

Napoleonic Code

Answer 14

A code of law in France commissioned by Napoleon in 1804. It was made easy to read and dealt with more civil matters like family law, property, and wills. This code spread throughout much of Europe as Napoleon conquered more countries.

Question 15

Quebec Civil Code

Answer 15

System of law used in Quebec for resolving private matters, based on the French Civil Code (Napoleonic Code).

Question 16

Restitution

Answer 16

Punishment that requires the offender to pay the victim or society back for the harm or loss caused by crime.

Question 17

Retribution

Answer 17

Punishing an offender for revenge or to satisfy the public that the that the offender has paid for their crime.

Question 18

Rule of Law

Answer 18

1. Law is necessary to govern society
2. Law applies to everyone equally
3. Person are not/cannot be governed by arbitrary power.

Question 19

Rule of Precedent

Answer 19

Applying a previous decision to a case with similar circumstances.

Question 20

Stare Decisis

Answer 20

Latin for “stand by the decision”, meaning abide by the decision already made.

Question 21

The Great Binding Law (Gayanashagowa)

Answer 21

Constitution of Iroquois Confederacy that outlined many principles of justice and fairness found in modern civil rights documents. Was more matriarchal, as land was passed down via the female gender.

Question 22

Trial by Combat

Answer 22

Determining guilt or innocence by having the parties involved fight in a duel (the winner clearly had the favor of God)

Question 23

Trial by Oath Helping

Answer 23

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

Question 24

Trial by Ordeal

Answer 24

Requiring the accused to undergo torture to determine guilt or innocence.