Law 12 Chapter 1 Vocabulary Flashcards

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1
Q

Adversarial System

A

common law countries where two advocates represent their parties’ positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case.

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2
Q

Assizes

A
King HenryII introduced
Part of travelling court
Criminal court
Used to settle disputes on land 
Began recording down informations
beginning of case/common law
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3
Q

Case Law/ Common Law

A

Civil issues
punishments consistent
based on Rule of Precedent

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4
Q

Circuit Judges

A

King Henry II
travelled around to deal with matters
senior judges who sit in crown

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5
Q

Code of Hammurabi

A
earliest known recorded
didn't differentiate between accidental and deliberate
From king to rule people
patriarchal society 
1792-1750 BC
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6
Q

Code of Li’Kvei

A

Chinese law
passed down through speech
dealt with theft,robbery,prison, and arrest
350 BC

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7
Q

Codified

A

arranged in systematic way
laws organized
written down

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8
Q

Divine Right

A

God was judge

Kings believed in all powerful judgement of god

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9
Q

Great Laws of Manu

A

Previously passed from word of mouth
earliest known of laws
between 1280 and 800 BC

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10
Q

Habeas Corpus

A

From Magna Carta
Person must be brought before judge in certain amount of time
Made it impossible for people to be held for long periods of time for no reason

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11
Q

Justinian’s Code

A

Byzantine Law
1600 books
formed basis of civil law
roman law refined

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12
Q

Magna Carta

A

King Henry II son signed Charter
Charter of political and civil rights
established rule of law

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13
Q

Mosaic Law

A

also 10 commandments
moses got laws from God on top Mount Sinai
to guide hebrew people
in exodus in Bible
more concern for punishments of deliberate actions

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14
Q

Napoleonic Code

A
Basis of French Civil code in Quebec
introduced divorce
did not apply to everyone
combined germanic and justinian's code
judges could no longer overstep boundaries
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15
Q

Quebec Civil code

A

From Napoleonic code

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16
Q

Restitution

A

compensation for injury or loss
something stolen or taken that is replaced
code of Hammurabi

17
Q

Retribution

A

punishment for criminal act
vengeance
code of Hammurabi based on this

18
Q

Rule of Law

A

Necessary to govern society
law applies equally to everyone
no one has arbitrary power to take away someones rights
all three work together

19
Q

Rule of Precedent

A

record cases to help ruling
using past cases to decide on current
case/common law

20
Q

Stare Decisis

A

Stand by decision
prior decisions on past facts used to decide ruling will be stood by and not altered
development of rule of precedent

21
Q

The Great Binding Law

A

Gaynashagowa
Six Nations
For first nations community

22
Q

Trial By Combat

A

Duel between two people
god would help winner
if weak you could have someone else fight for you

23
Q

Trial By Oath Helping

A

person who knows accused could swear the were not guilty
worked because many people were very religious
believed if they lied god would punish

24
Q

Trial by Ordeal

A
Accused underwent torture
water
fire
cake
combat
trial by oath helping
god was judge and would help who was not guilty