Influences on Canadian Law Flashcards
What were the 3 trials of Early British Law?
- Trial by Ordeal
- Trial by Oath Helping
- Trial by Combat
What was Trial by Ordeal?
It was only used if the sentence for guilt was the death penalty. (ordeal meaning, a painful or horrific experience). If the wound caused by the ordeal heals, they are presumed innocent.
What was Trial by Oath Helping?
Used for less serious charges.
This method required people who knew the accused to swear an oath on the bible that he or she was innocent. If they complied, the accused was freed.
What was Trial by Combat?
Trial by combat was introduced to determine guilt or innocence.
The two people involved in a dispute engaged in a duel.
It was presumed God was on the side of the innocent
Some physically weaker men, would hire stronger individuals to fight on their behalf
What was the present day Adversarial system based on?
Trial by Combat
What is the Adversarial System?
The judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury.
What was Divine right?
The belief that monarchs got their power from God, putting them above the law and only accountable only to God.
What was the Feudal System?
A system of land ownership.
Who reduced the power of the Monarchy?
Henry II
What were Assizes?
Traveling Courts
What were the judges of traveling courts called? What did they have to use?
- Circuit judges
- Common sense and principles of justice
What is Case law?
A method deciding cases based on recorded decisions of similar cases
What is Common law?
Law that developed in English courts, relies on case law, and is common to all people.
What does Stare Decisis mean?
To stand by the decision
What does Rule of Precedent mean?
Applying a previous decision to a case that has similar circumstances
What is Magna Carta?
A charter of political and civil rights signed in 1215 at Runnymede in England.
What is Habeas Corpus (You must have the body)?
A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time.
How were the rules governing Aboriginal groups passed down?
Oral tradition, storytelling, and myths
Who were involved in the Iroquois (or Haudenosaunee) Confederacy?
- The Mohawk
- Onondaga
- Seneca
- Oneida
- Cayuga
Who was the extra party who joined the Iroquois Confederacy to make the Six Nations?
The Tuscarora
Where was the constitution of the Iroquois Confederacy eventually recorded?
In the Great Binding Law
What is the Great Binding Law?
Outlines the rights, duties, and responsibilities of the people and includes laws covering adoption, emigration, treason, and secession.
What is the Québec Civil Code?
The system of law used in Quebec for resolving private matters. (formed with the basis of the Napoleonic and French Civil Code.)
