Law Vocab Chapter 1 (Ryan Cordingley, 2-2) Flashcards
Adversarial System
“Adversarial System” is a legal system where two people from each party go to represent there party in front of a impartial person (judge/jury). In Canada we have an Adversarial System. It is only used in countries that have common law and it is opposite to an inquisitorial system.
Assizes
“Assizes” are essentially courts which only deal with the most serious of crimes.
Common Law
“Common Law” Is law developed by judges through decisions of courts and similar tribunals. Its principle is that it is unfair to treat similar cases differently so all similar cases must result in similar judges decisions.
Circuit judges
King Henry II decided to implement “circuit judges” to ride around on horses and hear peoples cases, rather than having the people travel to London.
Code of Hammurabi
One of the earliest-known sets of recorded laws is “The Code of Hammurabi”. The code was based of the principles of Restitution and Retribution.
Code of Li k’vei
The “Code of Li k’vei” was a set of Chinese laws written around 350 BC. These laws dealt with things such as theft, robbery, prison, and arrest.
Codified
“Codified” means to arrange or record something systematically.
Divine Right
The “Divine Right” is the concept that monarchs and their successors derived their power from god and were accountable only to god.
Great Laws of Manu
The “Great Laws of Manu” were indian laws compiled between 1280 and 880 BCE. There were not written down but rather transferred through oral communication.
Habeus Corpus
“Habeus Corpus” translates to “the corpse must be present”. It means that everyone has the right to be brought before a judge and have a fair trial.
Justinian’s Code
“Justinian’s Code” was the clarification and organization of roman law commissioned by Justinian I.
Magna Carta
The “Magna Carta” was a charter of political and civil rights signed in 1215 at Runnymede in England.
Mosaic Law
“Mosaic Law” is also known as “Hebrew Law” and is found in the bible. The famous “Ten commandments” are also part of these laws.
Napoleonic Code
The “Napoleonic Code” is the civil law of France compiled in 1804. It is also known as the french civil code and is the basis for the Quebec civil code. Napoleon Bonaparte was the man commissioned the making of this code.
Quebec Civil Code
The “Quebec Civil Code” is the system of law used in Quebec for resolving private matters.
Restitution
“Restitution” was first found in the Code of Hammurabi and is the principle that the offender must pay back the victims loss.
Retribution
“Retribution” was also first found in the code of Hammurabi and is the principle of revenge against the offender (eye for an eye).
Ex. A man kills another man, the murderer shall be put to death.
Rule of Law
- Everyone must recognize law is necessary to govern society.
- Everyone is equal, and therefore law applies to everyone equally.
- No one can remove the rights of another person except within accordance of the law.
Stare Decisis
“Stare Decisis” is a latin phrase which means “stand by the decision. We know this concept now as “the rule of precedent”.
Rule of Precedent
The “Rule of Precedent” is the concept of treating like cases alike and different cases differently. It was previously referred to as “Stare Decisis”
The Great Binding Law
The “Great Binding Law” was the constitution of the Iroquois confederacy.
Trial by Combat
“Trial by Combat” was a form of trial which to accused people would sword fight until there was a clear victor. The loser would be convicted guilty and the victor would be deemed innocent.
Trial by Oath
“Trial by Oath” was a form of trial where if the accused had a person who swore to god they were innocent. The accused would then be deemed innocent.
Trial by Ordeal
“Trial by Ordeal” was a form of a trial where the accused would be sent through one of various ordeals. If the accused had been successful through the ordeal he would be deemed innocent.
