Law 12 Chapter 1 Vocabulary Flashcards
Adversarial System
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.
Assizes
King HenryII introduced Part of travelling court Criminal court Used to settle disputes on land Began recording down informations beginning of case/common law
Case Law/ Common Law
Civil issues
punishments consistent
based on Rule of Precedent
Circuit Judges
King Henry II
travelled around to deal with matters
senior judges who sit in crown
Code of Hammurabi
earliest known recorded didn't differentiate between accidental and deliberate From king to rule people patriarchal society 1792-1750 BC
Code of Li’Kvei
Chinese law
passed down through speech
dealt with theft,robbery,prison, and arrest
350 BC
Codified
arranged in systematic way
laws organized
written down
Divine Right
God was judge
Kings believed in all powerful judgement of god
Great Laws of Manu
Previously passed from word of mouth
earliest known of laws
between 1280 and 800 BC
Habeas Corpus
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
Justinian’s Code
Byzantine Law
1600 books
formed basis of civil law
roman law refined
Magna Carta
King Henry II son signed Charter
Charter of political and civil rights
established rule of law
Mosaic Law
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
Napoleonic Code
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
Quebec Civil code
From Napoleonic code
Restitution
compensation for injury or loss
something stolen or taken that is replaced
code of Hammurabi
Retribution
punishment for criminal act
vengeance
code of Hammurabi based on this
Rule of Law
Necessary to govern society
law applies equally to everyone
no one has arbitrary power to take away someones rights
all three work together
Rule of Precedent
record cases to help ruling
using past cases to decide on current
case/common law
Stare Decisis
Stand by decision
prior decisions on past facts used to decide ruling will be stood by and not altered
development of rule of precedent
The Great Binding Law
Gaynashagowa
Six Nations
For first nations community
Trial By Combat
Duel between two people
god would help winner
if weak you could have someone else fight for you
Trial By Oath Helping
person who knows accused could swear the were not guilty
worked because many people were very religious
believed if they lied god would punish
Trial by Ordeal
Accused underwent torture water fire cake combat trial by oath helping god was judge and would help who was not guilty
