Chapters 1 and 2 Flashcards
Law that developed in English courts, relies on case law, and is common to all people
Common law
Requiring a person to undergo torture to determine guilt or innocence
Trial by ordeal
Requiring friends of the accused to swear on the Bible that they are innocent
Trial by oath helping
A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time
Habeas corpus (- Quote by Trish from Austin and Ally)
The judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury
Adversarial system
A principle of justice stating that the law is necessary to regulate society, that law applies equally to everyone, and that people are not governed by arbitrary power
Rule of Law
A method of deciding cases based on recorded decisions of similar cases
Case law
The concept that monarchs and their successors derived their power to rule from God and were accountable only to God
Divine right
Travelling courts
Assizes
Laws given to Moses to guide the Hebrew people, and recorded in the Bible
Mosaic law
One of the earliest-known sets of recorded laws, written by King Hammurabi of Babylon
Code of Hammurabi
Payment made by the offender to the victim of a crime
Restitution
A Latin phrase meaning “to stand by the decision”
Stare decisis
A charter of political and civil rights signed in 1215 at Runnymede in England
Magna Carta (…Holy Grail, album by Jay-Z)
Applying a previous decision to a case that has similar circumstances
Precedent