Law Vocab Chapter 1 (Ryan Cordingley, 2-2)

Question 1

Adversarial System

Answer 1

“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.

Question 2

Assizes

Answer 2

“Assizes” are essentially courts which only deal with the most serious of crimes.

Question 3

Common Law

Answer 3

“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.

Question 4

Circuit judges

Answer 4

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.

Question 5

Code of Hammurabi

Answer 5

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.

Question 6

Code of Li k’vei

Answer 6

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.

Question 7

Codified

Answer 7

“Codified” means to arrange or record something systematically.

Question 8

Divine Right

Answer 8

The “Divine Right” is the concept that monarchs and their successors derived their power from god and were accountable only to god.

Question 9

Great Laws of Manu

Answer 9

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.

Question 10

Habeus Corpus

Answer 10

“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.

Question 11

Justinian’s Code

Answer 11

“Justinian’s Code” was the clarification and organization of roman law commissioned by Justinian I.

Question 12

Magna Carta

Answer 12

The “Magna Carta” was a charter of political and civil rights signed in 1215 at Runnymede in England.

Question 13

Mosaic Law

Answer 13

“Mosaic Law” is also known as “Hebrew Law” and is found in the bible. The famous “Ten commandments” are also part of these laws.

Question 14

Napoleonic Code

Answer 14

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.

Question 15

Quebec Civil Code

Answer 15

The “Quebec Civil Code” is the system of law used in Quebec for resolving private matters.

Question 16

Restitution

Answer 16

“Restitution” was first found in the Code of Hammurabi and is the principle that the offender must pay back the victims loss.

Question 17

Retribution

Answer 17

“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.

Question 18

Rule of Law

Answer 18

1. Everyone must recognize law is necessary to govern society.
2. Everyone is equal, and therefore law applies to everyone equally.
3. No one can remove the rights of another person except within accordance of the law.

Question 19

Stare Decisis

Answer 19

“Stare Decisis” is a latin phrase which means “stand by the decision. We know this concept now as “the rule of precedent”.

Question 20

Rule of Precedent

Answer 20

The “Rule of Precedent” is the concept of treating like cases alike and different cases differently. It was previously referred to as “Stare Decisis”

Question 21

The Great Binding Law

Answer 21

The “Great Binding Law” was the constitution of the Iroquois confederacy.

Question 22

Trial by Combat

Answer 22

“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.

Question 23

Trial by Oath

Answer 23

“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.

Question 24

Trial by Ordeal

Answer 24

“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.