Guillaume & Tom Flashcards
(59 cards)
Adversarial Systems
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
Assizes
Travel judges and courts in medieval England used to enforce law areas the king cant
Case law / Common Law
Common-law courts base their decisions on prior judicial pronouncements rather than on legislative enactments.
Circuit Judges
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.
Code of Hammurabi
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.
Code of Li K’vei
Chinese laws that dealt with theft, robbery, prison and arrest.
Codified
The arrangement of laws into a systematic code, like the dictionary.
Divine Right
The doctrine that kings and queens have a God-given right to rule.
Great laws of Manu
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.
Habeas Corpus
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.
Justininans Code
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.
Magna Carta
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.
Mosaic Law
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.”
Napoleonic Code
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.
Quebec Civil Code
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.
Restitution
The restoration of something lost or stolen to its proper owner.
Retrubution
Punishment inflicted on someone as vengeance for a wrong or criminal act
Rule Of Law
- Law is necessary to govern a society
- Law applies to everyone
- No one has the authority to practice unrestricted power except in accordance to the law
Rule of Precedent
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
Stare Decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions.
The Great Binding Law (Gaynashagowa)
Is the oral constitution whereby the Iroquois Confederacy was bound together.
Trial by combat
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.
Trial by Oath Helping
Friends of the accused would swear on the Bible that he or she was innocent.
Trial by Ordeal
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.
