Law and Society (Chapter 1)

Question 1

Adversarial System

Answer 1

The judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury.

Question 2

Assizes

Answer 2

Travelling courts appointed by King Henry II, who sought to bring consistency and fairness to the law. These assizes would travel to the various towns and villages and hold court to resolve local disputes.

Question 3

Case Law/Common Law

Answer 3

Case Law is a method of deciding cases based on recorded decisions of similar cases. Common Law is a law developed in English courts; it relies upon case law, and is common to all people.

Question 4

Circuit Judges

Answer 4

Judges of travelling courts appointed by King Henry II, who sought to bring consistency and fairness to the law. These assizes would travel to the various towns and villages and hold court to resolve local disputes.

Question 5

Code of Hammurabi

Answer 5

One of the earliest known set of recorded laws, written by King Hammurabi of Babylon. Hammurabi encouraged compliance by attributing hi laws to the gods, whom the people feared and respected. Reflected a patriarchal society, and the wealthy were given more protection than the poor. Focused upon retribution and restitution, but especially retribution.

Question 6

Code of Li K’vei

Answer 6

A set of Chinese laws written around 350 BC, which included policies on theft, robbery, prison, and arrest.

Question 7

Codified

Answer 7

Arranged and recorded systematically (ex. King Hammurabi codified the rules and principles for every aspect of Babylonian life).

Question 8

Divine Right

Answer 8

The concept that monarchs and their successors derived their power to rule fro God, and were thus accountable only to God and “above the law” (ex. William the Conqueror ,the Duke of Normandy, was considered to be the ruler by “divine right”. This belief died out during the time of King Henry II, when the people realized that it was not exclusively up to the monarch to make laws.

Question 9

Great Laws of Manu

Answer 9

A set of Indian laws complied between 1280 and 880 BC, which had been previously transferred through oral tradition.

Question 10

Habeas Corpus

Answer 10

A court order that originated in England during the regal reforms. It was a component of the Magna Carta, and was designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time. In Latin, it translates to “you must have the body”. This concept is part of the Canadian Charter of RIghts and Freedoms.

Question 11

Justinian’s Code

Answer 11

A clarification and organization of Roman laws commissioned by Byzantine Emperor Justinian I. This body of laws is known as Justinian’s Code. This code formed the basis of civil law, and inspired the modern concept of justice.

Question 12

Magna Carta

Answer 12

A charter of political and civil rights signed in 1215 in Runnymede, England. This charter was in response to the legal reforms during the time of King Henry II. The Magna Carta recognized the principle known as the “Rule of Law”, and forced King John to be subject to the law, as under the principle of the Rule of Law, the law now applied to everybody, the monarch included.

Question 13

Mosaic Law/The Ten Commandments

Answer 13

Biblical of Hebrew law found in the Book of Exodus, in the Old Testament. These laws, which Moses was believed to have received from God on top of Mount Sinai, were also called the “Ten Commandments”, and were designed to guide the Hebrew people. Under Mosaic Law, it was forbidden to commit murder, adultery, theft, and to worship other gods (ex. Thou shalt not kill, thou shalt not steal, etc.).

Question 14

Napoleonic Code/French Civil Code

Answer 14

The civil law of France completed in 1804 by Napoleon Bonaparte, the state’s leader after the Revolution. Also known as “French Civil Code”. The laws represented a compromise between the influences of the Germanic law of Northern France and the Justinian Code of southern France. The Code regulated civil matters such as property, wills, contracts, and family law. It sought to eliminate patronage towards the higher classes, and banned judges from turning down cases.

Question 15

Quebec Civil Code

Answer 15

The system of laws used in Quebec for resolving private matters; formed on the basis of Napoleonic Code.

Question 16

Restitution

Answer 16

The concept of payment made by the offender to the victim of a crime. Attempts to set things back into order. Canadian law leans more towards restitution in its policies.

Question 17

Retribution

Answer 17

The concept of justice being obtained by vengeance and punishment. “Eye for an eye” philosophy.

Question 18

Rule of Law

Answer 18

A principle of justice stating that the law in necessary, the law applies to everyone, and that no one has arbitrary power over the law.

Question 19

Rule of Precedent

Answer 19

The practice of applying a previous decision to a case that has similar circumstances. This derives from the principle of “stare decisis”, which was invented during the English legal reforms.

Question 20

Stare Decisis

Answer 20

During the English legal reforms, each time a new decision was made, it created a precedent, which could be followed in future, similar cases. Judges could follow these precedents when new cases arose. This led to the practice known as “stare decisis”, which, in Latin, translates to “to stand by the decision”, or to abide by decisions already made.

Question 21

The Great Binding Law (Gaynashagowa)

Answer 21

Native laws set in the Constitution of the Iroquois Confederacy. Also known by Native name, Gaynashagowa. The Great Binding Law outlined the rights, duties, and responsibilities of the people. Lineal descent ran in the female line of families, and a person’s social status was determined by that of their mother.

Question 22

Trial by Combat

Answer 22

The practice of determining the guilt or innocence of a person by having the two parties engage in a duel. Introduced in 1066. Presumed that God would favour the innocent man and make him win. Many people recognized that they did not possess the skills to fight in a duel, and therefore hire another to fight in their place. This was a precursor to the modern day adversarial system, where both side, represented by lawyers, battle in the court to determine culpability.

Question 23

Trial by Oath Helping

Answer 23

Requiring friends of the accused to swear an oath on the Bible that he or she was innocent. If they complied, the accused was freed. People at this time would rarely lied, as the feared retribution from God if they bore false witness (lied under oath).

Question 24

Trial by Ordeal

Answer 24

The method for determining the culpability of the accused through torture. Guilt or innocence was determined by the outcome of the torture;