Chapter 1 Vocab

Question 1

Adversarial System

Answer 1

A legal system that allows people to be represented by another individual in front of a judge or court room, as well as to determine the appropriate response to the situation regarding the original person’s fate.

Question 2

Assizes

Answer 2

A traveling court in Britain and Whales to assist in criminal or civil law cases. These judges eventually lead to the diminishment of the monarchy because of the impactful decisions that they were making without the king’s consent.

Question 3

Case Law / Common Law

Answer 3

Laws that are based on previous decisions by courts or judges in order to establish a precedent. These laws differed from statue law as they weren’t made my the representative government. On a scale however, Statue and Constitutional law would override these types of laws.

Question 4

Circuit Judges

Answer 4

Someone who travels around to different parts of Britain in order to provide court rulings to often very unique cases. They ultimately took power away from King Henry, therefore demolishing the Divine Right, as well as establishing new precedents.

Question 5

Code of Hammurabi

Answer 5

The first known codified law in Babylonian times. This code often relied more on retribution instead of restitution. A side note to add was that intention didn’t make a difference in this code and it was innocence or death. Known to be written in the time between 1792-1750 BC.

Question 6

Code of Li K’vei

Answer 6

Known laws that were codified in the time around 350 BC. Originating from a Chinese background, these laws often dealt with theft, robbery, and criminal sentencing.

Question 7

Divine Right

Answer 7

King Henry believed that he was a communicator with god, and that lead him to obtaining maximum power over civilians. The monarchy was at it’s strongest in Great Britain and this was simply because of this one idea. Slowly, King Henry lessened this concept by creating circuit judges and courts.

Question 8

Great Laws of Manu

Answer 8

Originating from India, these laws were made between 1280-880 BC. They were not codified and therefore passed on by word of mouth. Often written in the form of poetry or to music, these laws reflected the dogs and ultimately written in Sutras later on.

Question 9

Habeas Corpus

Answer 9

A writ that protects a detained person from being withheld the opportunity to appear before a judge or court room. It also requires the person of authority to present clear indication for the arrest as well as a court order.

Question 10

Justinian’s Code

Answer 10

When the Roman Empire split and became a Byzantine Empire, a new form of laws were put in place. They were usually in regards to personal dealing and are now known as civil laws.

We derive the world justice from this code of laws.

Question 11

Magna Carta

Answer 11

After King John (Henry II’s son) took over Great Britain this type of charter of political rights and freedoms was signed. This also established the Rule of Law

Question 12

Mosaic Law / 10 Commandments

Answer 12

Originating from a Hebrew culture, these laws are often reflected in our modern society. With having clear evidence of christian influence, such as the calendar setup or the majorities religious choice, this particular belief system is still very strong in Canada. To add, these laws payed more attention to the intention of the crime, which was lacking in previous codified laws.

Question 13

Codified

Answer 13

Laws that are written and recorded for civilians in a methodical or sequential order.

Question 14

Napoleonic Code

Answer 14

After the french revolution, these laws took over France and became known as the French Civil Code. They were a compromise between Justinian’s code and the Germanic Law which addressed divorce and property law to name a few. No one could write these laws or they could be secret and brought up later. They even allowed the new laws to address previous cases that had been dismissed due to the enhancement of the legal system.

Question 15

Quebec Civil Code

Answer 15

A code that was established by the Napoleonic Code and modernized to fit Quebec. Over years it was accepted more as the legal system developed.

Question 16

Restitution

Answer 16

Justice that relies more heavily on compensation made to the people affected

Question 17

Retribution

Answer 17

Justice that relies more heavily on revenge or violence

Question 18

Rule of Law

Answer 18

1. Laws is recognized as a need for society
2. Law applies to everyone
3. No one is allowed to exercise arbitrary power on another individual

Question 19

Rule of Precedent

Answer 19

Based on like cases are treated alike and different cases differently. Often a judge must rely on the rule of precedent when making a ruling due to past decisions that have dealt with similar situations. If there is a massive improvement in technology or change in societal belief, than perhaps the judge can choose to distinguish a case and establish a new precedent.

Question 20

Stare Decisis

Answer 20

Latin for “stand by decision”. Often refers to rule of precedent.

Question 21

The Great Binding Laws

Answer 21

As people from Great Britain established Canada, and basically moved among the Aboriginals. They had created their own legal system after the iroquois confederacy and League of Nations had passed. These laws regulated everything from adoption to property use and ownership.

Question 22

Trial By Combat

Answer 22

When two opposing parties took part in a duel to discover innocence or guilt. Ultimately it was up to god to save protect a person if they were innocent. If a person felt as though they were weaker than the other party, they could hire someone in their place. Often people were seriously injured or killed, even though the intention was never that.

Question 23

Trial by Oath Helping

Answer 23

When a loved one or family member would swear on a bible of their beloved’s innocence. If the accused agreed than they were granted their freedom. The most peaceful out of all the “trials”.

Question 24

Trial By Ordeal

Answer 24

In order to prove a persons innocence or guilt, they were often tortured to see if god was on their side. A few example include trial by hot coal where they would have to walk on hot coals to see if their wounds would heal. Or another example is trial by cake, if they could eat a dry pastry without choking their were proved innocent and allowed to walk. They varied in severity, and seemed very erratical.