Unit 1 Definitions Flashcards
The part of English law that is derived from custom and judicial precedent rather than statutes.
Common Law
Requiring a person to undergo torture to determine guilt of innocence
Trial by Ordeal
Requiring friends of the accused to swear on the bible that he or she is innocent
Trial by oath helping
A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time
Habeas Corpus
The judicial process where by evidence is presented by two opposing parties to an impartial judge or jury
Adversarial system
The authority and influence of law in society, especially when viewed as a constraint on individual and institutional behaviour; the principle whereby all members of a society are considered equally subject to publicly disclosed legal codes and processes
Rule of law
A method of deciding cases based on recorded decisions of similar cases
Case law
The concept that monarchs and their successors derived their power to rule from god and were accountable only to god
Divine right
Travelling courts
Assizes
Laws given to Moses to guide the Hebrew people and recorded in the bible
Mosaic Law
One of the earliest known sets of recorded laws, written by King Hammurabi of Babylon
Code of Hammurabi
Payment made by the offender to the victim of a crime
Restitution
A Latin phrase meaning “to stand by the decision”
Stare decision
A charter of political and civil rights signed 1215 at Runnymede I’m England
Magna Carta
An earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances
Precedent
