Our Legal Heritage Flashcards
A law that developed in English courts establishing the law is the same for all people:
Common law
If a person were found guilty both the accused and accuser would suggest a penalty, the Jury then voted on an appropriate sentence:
Greek Law
Laws that are passed by the government:
Statute Law
Methods of deciding outcomes based on the recorded decisions of similar situations:
Case Law
Constitution of the Iriquois confederacy that outline many of the same principles of justice and fairness found in many modern civil right documents:
The Great Binding Law
The Hebrews law outlined from God in the book of exodus in the Jewish-Christian bible:
Mosaic Law
The area of law that deals with legal relationships between individuals and organizations also known as private law:
Civil Law
Body of public law in Canada that deals with the distribution and exercise of powers of the government establishes the paramount legal principles and standards:
Constitutional Law
Mosaic Law is important because it’s the root of which 3 main religions:
Judaism, Islam, Christianity
The system that has the most influence on Canadian Law:
British Law
Popular because it’s non-technical style made the law accessible to the public and made men and women more or less equal:
French Law
How are rules not like laws?
- Rules aren’t enforced by government
- Laws apply to everyone whereas rules do not
- Ex of rule: don’t wear hats in classroom or at dinner table
- Ex of law: stop at the stop signs and wear seat belts
3 parts to Rule of Law:
- individuals most accept that law is necessary to regulate society and function properly
- law applies to everyone equally: to Mrs Wagner or Justin Trudeau
- nobody can take our rights away
Hammurabi’s Hierarchy of power:
- Gods
- Kings
- Men/Males
- Woman/Wives
- Children
- Poor/Peasants
- Slaves
What is the difference between how women were esteemed in Hammurabi:
Women had no rights, they were regarded as husbands property, a possession.
What is the difference between how women were esteemed in France after the French Revolution:
More or less equal to men, but not totally. Ex, Affairs- if a woman had an affair her husband could divorce her whereas if a man had an affair the woman could only demand a divorce if the mistress moved in with them.
What is the difference between how women were esteemed in Iriquois before the 1900’s:
Women ran the show: Matriarchal were in charge.
What is the difference between the adversarial system and inquisitorial system:
Adversarial: 2 lawyers in a court room, a verbal dual use their wit to battle: in North America to an impartial judge or jury. Similar to trial by combat but with skill and mental ability. Brains rather than bronze than brons. Lawyers find evidence.
Inquisitorial: exist today in lots of parts of Europe. Judges are actively involved in finding witnesses and evidence.
Why are artists hired for courtrooms?
To sketch the courtroom because cameras/pictures are not allowed in the courtrooms. Flashes from cameras are too distracting.
3 good reasons to study law:
- Know your rights and responsibilities as a Canadian citizen
- If you want to get into an occupation such as police, lawyer, etc.
- understand how the system works
- to live together peacefully
Trial by Oath Helping:
Where people swore on Oath on the Holy Bible to help out a friend or family member that was in trouble with the law. It worked because people believed in God, cored, and feared Gods punishment if they lied.
I am the Iroq sun-God. Who am I?
Shamash
I am the most famous Greek philosopher that taught by asking questions. Who am I?
Socrates
We are poor folk with no rights in Greece. Who are we?
Plebeians
Special Greek citizens with all the rights and privileges. Who are they?
Athenians
We are the ruling class in Rome, Italy. Who are we?
Patricians
I am a foreigner, not a natural citizen where am I living. Who am i?
Aliens
The Hebrew leader that received laws from God on tablets of stone. Who was he?
Moses
I am the famous Egyptian mountain where the 10 commandments were given out. What am I called?
Sanai
My name is synonymous with justice. Byzantine Emperor that commissioned 1600 books of Roman Law which formed the basis of civil law. Who am I?
Justinian
I taught the first law school in Bologna, Italy. Who am I?
Irnerius
I commissioned a new code of laws to unify French Law.
Napoleon
Ancient city in Iraq, famous for confused language and rebellion against God.
Babylon
I am the second book of the Old Testament in the Bible recording a dyastfer from Egypt
Exodus
We are the Israel people that descended from Abraham, Isaac and Jacob
Hebrews
I compiled ancient laws in India previously transferred by oral tradition
Manu
Ancient Chinese man with a hand written set of rules
Li K’vei
I am the current Canadian Head of State
Queen Elizabeth the second.
I agreed with the people to reduce the power of the monarchy. First British King.
King Henry the second
I invaded England in 1066 in the famous battle of Hastings, that forever changed European history, made myself King under God
William the Conqueror
I fight in a modern day trial by combat in a court room
Lawyers
We established a confederacy where women ran the show
Iriquois
I am a Roman Citizen that believes it was the duty of the church to impose a sense of morality on the government of state
St. Augustine
I am the capital city of Italy
Rome
I signed the Magna Carta in England 1215 to guarantee basic rights to the British
King John of England
I am the original place in Iraq where the 4 rivers converged
Garden of Eden
I am the Queen
Regina
I am the King
Rex
Specific amounts of money payed to the court as penalties for offences
Fines
Information that tends to prove or disprove the elements of an offense
Evidence
The right to receive equal treatment, to be free from prohibited discrimination and harassment, to have access to places, services, and opportunities
Human Rights
An act or omission of an act that is prohibited and punishable by federal statutes
Crime
Perceived opinion based on a stereotype or inadequate information
Prejudice
Punishment that requires the offender to pay the victim or society back for the harm, loss caused by the crime.
Restitution
Having an over simplified standardized or fixed judgement of a group of people
Stereotyping
Laws that are passed by a government are also called whites especially in South Africa
Apartheid
A government proclamation that guarantees the rights of all Canadians, regardless of age, race, gender, etc.
Canadian Charter of Rights & Freedoms
A legal document that protects people from prohibited discrimination
Human Rights Code
Lowest level of hierarchy in the Canadian court system
Provincial court
Highest criminal and civil court in a province, consisting of a trial, an appeal division. Ex, Queen’s Bench
Superior Court of the Province
Highest court of Appeal in Canada that deals with constitutional questions
Supreme Court of Canada
Justice based on vengeance and punishment. “An eye for an eye”
Retribution
A feudal practice where people engaged in a dual
Trial by combat
The idea that the ruling monarchy is above the law and is accountable only to God
Divine Rights
Travelling courts throughout Britain
Assize
The 5 books that comprise the Hebrew law
Torah
Reference heading or title of a legal case
Citation
A book in both Jewish and Christian bibles full of laws
Exodus
Everyone is equal before the law
Rule of Law
Evidence given by a witness based on information from a third party
Heresay Evidence
“You must have a body”
Habeus Corpus
To stand by the decision
Stare decises
To set an example to be followed in similar situations
Rule of precedent
Society ruled by women
Matriarchy
Society ruled by men
Patriarchy
Stereotyping
Perceived opinion based on a stereotype or inadequate information