law 12 vocabulary chapter 1 Flashcards
Adversarial System
judicial process where evidence must be provided to an impartial judge
assizes
travelling courts made by king henry 2
case law / common law
case law: method of deciding cases based on previous, similar cases. Common law: this is law that is common (familiar) to all people (relies on case law.
Circuit Judges
Judges of travelling courts
Code Of Hammurabi
one of the earliest sets of written laws, written by kind Hamurabi of babylon
Code Of Li k’vei
Set of Chinese laws written around 350 BCE
Codified
Arranged and recorded systematically
Divine Right
Concept that monarchs had power given to them by god, and were only guilty and prosecuted by god. (unlimited power with exception of god)
Great Laws Of Manu
Indian laws compiled between 1280 and 880 BCE, before that they were transferred through speak (orally)
Habeas Corpus
“you must have the body” someone who is arrested has to be brought before a court so that they can determine the legitimacy of the arrest.
Justinian’s Code
The clarification and organisation of Roman law commissioned by Justinian 1.
Magna Carta
A charter of political and civil rights, It established the rule of law. was signed by kind henry 2 in 1215.
Mosaic Law / Ten Commandments
Biblical or Hebrew law found in book of exodus/ Laws given to moses to guide the hebrew people
Napoleonic Code
also known as french civil code. civil law of france, completed in 1804
Quebec Civil Code
system of law used in quebec for private matters that do not concern government (it deals with conflict between people)
Restitution
Payment made by guy who commited crime (offender) to the victim.
Retribution
Justice based on vengeance and punishment as a source of repayment
Rule Of Law
- Law is necessary
- Law applies to everyone
- law is not governed by arbitrary power
Rule Of Precedent
Applying a previous decision to a case with similar circumstances
Stare Decisis
“to stand by the decision” basically same as rule of precedent, judges must stand by decision
The Great Binding Law
The constitution of the Iroquois confederacy. all women owned everything including land, it was passed down through females not males.
Trail By Combat
determining guilt or innocence by having the 2 parties involved have a duel
Trail By Oath Helping
making friends / family of the accused swear on the bible that he/she was innocent
Trial By Ordeal
Requiring a person to undergo torture to determine wether or not he was innocent. (god would decide)