Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Law > Guillaume & Tom > Flashcards

Guillaume & Tom Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Adversarial Systems

A

The adversarial system is a legal system used in common law countries where two groups represent their parties’ positions before an impartial person or group of people, usually a jury or judge, attempt to determine the truth of the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Assizes

A

Travel judges and courts in medieval England used to enforce law areas the king cant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Case law / Common Law

A

Common-law courts base their decisions on prior judicial pronouncements rather than on legislative enactments.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Circuit Judges

A

Circuit judges are senior judges in England and Wales who sit in the Crown Court, county courts and certain specialized sub-divisions of the High Court of Justice, such as the Technology and Construction Court.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Code of Hammurabi

A

Hammurabi’s code included more that two hundred and thirty-two laws, most resulting in a punishment of death or loss of limb if a law was broken. The Code of Hammurabi, (or Codex Hammurabi) is a set of 282 laws and penalties devised by the Babylonian King, Hammurabi, in approximately 1700 BC.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Code of Li K’vei

A

Chinese laws that dealt with theft, robbery, prison and arrest.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Codified

A

The arrangement of laws into a systematic code, like the dictionary.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Divine Right

A

The doctrine that kings and queens have a God-given right to rule.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Great laws of Manu

A

Was a hybrid moral-religious-law code and one of the first written law codes of Asia. In spite of its age, it has sustained paramountcy in the Hindu culture. It was also the code of conduct for inter-caste relationships in India.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Habeas Corpus

A

A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Justininans Code

A

The works did not constitute a new legal code. Rather, Justinian’s committees of jurists provided basically two reference works containing collections of past laws and extracts of the opinions of the great Roman jurists.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Magna Carta

A

Magna Carta was the first document imposed upon a King of England by a group of his subjects, the feudal barons, in an attempt to limit his powers by law and protect their rights.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Mosaic Law

A

The law that, according to the Old Testament, God gave to the Israelites through Moses. The Mosaic law begins with the Ten Commandments and includes the many rules of religious observance given in the first five books of the Old Testament. In Judaism, these books are called the Torah, or “the Law.”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Napoleonic Code

A

Is the French civil code established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs should go to the most qualified.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Quebec Civil Code

A

The Civil Code of Quebec is the civil code in force in the province of Quebec, Canada, which came into effect on January 1, 1994.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Restitution

A

The restoration of something lost or stolen to its proper owner.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Retrubution

A

Punishment inflicted on someone as vengeance for a wrong or criminal act

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Rule Of Law

A
  1. Law is necessary to govern a society
  2. Law applies to everyone
  3. No one has the authority to practice unrestricted power except in accordance to the law
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Rule of Precedent

A

In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Stare Decisis

A

Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

The Great Binding Law (Gaynashagowa)

A

Is the oral constitution whereby the Iroquois Confederacy was bound together.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

Trial by combat

A

Where the two parties engage in 1 on 1 combat and the victor is considered to be on the side of god and wins the case.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Trial by Oath Helping

A

Friends of the accused would swear on the Bible that he or she was innocent.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Trial by Ordeal

A

Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused was determined by subjecting them to an unpleasant, usually dangerous experience. Classically, the test was one of life or death and the proof of innocence was survival.

25
Q

Amending formula

A

Procedure for changing the constitution

26
Q

Bill

A

Proposed legislation

27
Q

Canadian Charter of Rights and Freedoms

A

A section of the Constitution Act, 1982, which sets out constitutionally protected rights and freedoms

28
Q

Civil liberties

A

Basic individual rights protected by law, such as freedom of speech

29
Q

Executive branch

A

The administrative branch of government responsible for carrying out the government’s plans and policies

30
Q

Federal system

A

a two-level system of governing

31
Q

Government or public bill

A

Legislation proposed by a Cabinet minister

32
Q

Intra vires

A

Within the power of government to pass laws

33
Q

Ultra vires

A

Beyond the power of the government to pass laws

34
Q

Judiciary

A

The branch of government responsible for presiding over Canada’s court system

35
Q

Legislative Branch

A

The branch of government that has the power to make, change, and repeal laws

36
Q

Lobby groups

A

People who try to influence legislators in favour of their cause

37
Q

Patriate

A

To bring legislative power under the authority of the country to which it applies

38
Q

Principle of Equalization

A

Section 36 of the Constitution Act, 1982, which provides for equal access to essential services for all Canadians

39
Q

Private member’s bill

A

Legislation proposed by an MP who is not in the Cabinet

40
Q

Residual powers

A

Federal responsibility to make laws in legislative areas not assigned to the provinces

41
Q

Shared cost agreements

A

Arrangement between the two levels of government to share the cost for programs in areas not identified in the BNA Act

42
Q

Statue of westminster

A

Legislation passed in Britain that extended Canada’s law-making powers

43
Q

Unitary system

A

A one-level systhem of governing

44
Q

Administrative Law

A

The body of law that regulates the operation and procedures of government agencies

45
Q

ByLaws

A

A regulation made by a local authority

46
Q

Civil or Private Law

A

The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs

47
Q

Constitutional Law

A

Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary.

48
Q

Contract Law

A

Body of law that governs oral and written agreements associated with exchange of goods and services, money, and properties

49
Q

Criminal Law

A

A system of law concerned with the punishment of those who commit crimes.

50
Q

Distinguishing a case

A

In law, to distinguish a case means a court decides the holding or legal reasoning of a precedent case will not apply due to materially different facts between the two cases.

51
Q

Domestic Law

A

Municipal law is the national, domestic, or internal law of a sovereign state defined in opposition to international law

52
Q

International law

A

A body of rules established by custom or treaty and recognized by nations as binding in their relations with one another.

53
Q

Jurisdiction

A

Is a area where a certain set of laws subside

54
Q

Procedural law

A

Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings.

55
Q

Property law

A

Property law is the area of law that governs the various forms of ownership and tenancy in real property

56
Q

Public law

A

The law of relationships between individuals and the government.

57
Q

Statue Law

A

The body of principles and rules of law laid down in statutes.

58
Q

Substantive Law

A

Substantive law is the statutory, or written law, that defines rights and duties, such as crimes and punishments

59
Q

Tort Laws

A

Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others.

Law (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions