Law Chapter 1

Question 1

Adversarial system

Answer 1

The process where both sides present their evidence to the judge and who will decide who’s innocent and who’s guilty

Question 2

Assizes

Answer 2

There were courts needed everywhere so King Henry II came up with the idea that they would travel from village to village to settle the cases.

Question 3

Common Law

Answer 3

If the cases were similar to the ones in the past the same fate would be bestowed upon the new case.

Question 4

Circuit judges

Answer 4

the judges that were also traveling to villages to solve local disputes.

Question 5

Code of Hammurabi

Answer 5

Was an ancient code that stated laws about the Babylonians life during King Hammurabi’s reign. It contained very strict laws and it was the first codified law.

Question 6

Codified

Answer 6

Recorded and organized into laws according to certain rules

Question 7

Divine Rights

Answer 7

Right is granted or given from god

Question 8

Justinian Code

Answer 8

Was a roman code to unify roman law and in order to strengthen the falling empire. This is the base for many law codes

Question 9

Habeas Corpus

Answer 9

Part of the Manga Carta- (which states that you must have the body) this means that whoever has someone in custody you have to bring him/her to court and they must physically present. The reason for this rule was to make sure unlawfully accused people could be released

Question 10

Magna Carta

Answer 10

Signed by King Henry II to state that Kings/Rulers would lose their “Divine” power

Question 11

Mosaic Law

Answer 11

Hebrew law or Biblical law. Under this law it was forbidden to commit adultery, to steal, to commit murder and to worship other gods instead of just the Hebrew ones. ( Ten Commandments)

Question 12

Napoleonic Code/ French Civil Code

Answer 12

This law spread to many countries since the way it was written it was very simple and easy to understand. Stated property, wills, family law.

Question 13

Quebec Civil Code

Answer 13

It is based on the french civil code and it is used for resolving private matters.

Question 14

Restitution

Answer 14

Paying back for the damage you caused.

Question 15

Retribution

Answer 15

RefersHammurabi law “eye for an eye” means that even if something happens by accident you still are responsible and will be punished equally to what you did.

Question 16

Rule of Law

Answer 16

1. We need to have the law to regulate whats happening in our society
2. Law applies equally to everyone
3. Our society is not governed by an arbitrary power or law and no one may change our law

Question 17

Rule of precedent

Answer 17

Taking one of the cases from the past and using as a rule for future cases.

Question 18

Stare decisis

Answer 18

Once you make a decision you do not change your mind . The judge from one court will have to follow the decision made by another judge.

Question 19

The Great Binding Law (Gaynashagowa)

Answer 19

This is an aboriginal law that states the rights and responsibilities of aboriginal people and include roles regarding adoption and treason.

Question 20

Trial by Combat

Answer 20

Two individuals would fight and whoever won would have had god on their side and was innocent

Question 21

Trial by Oath Helping

Answer 21

The court would bring in a friend/relative who would swear under oath that the accused was innocent

Question 22

Trial by Ordeal

Answer 22

This meant when the judge couldn’t decide if the person was innocent or guilty he made the accused go through torture.

Question 23

Charter of Rights and Freedom

Answer 23

The bill of rights created by Pierre Trudeau, giving Canadians a list of freedoms that can be practiced. (ie:Religious Freedom)

Question 24

Case Law

Answer 24

Cases are all written down.