Unit 1 - Foundations of Law Flashcards
This regulates our everyday lives, from birth to death. They also are constantly changing and evolving, and they reflect a societies morals and values in an attempt to ensure justice for all.
Law
This is the cornerstone of Canada’s Legal system, which states that no person is above the law.
Rule of Law
This concept originates from our morals, values, attitudes, and beliefs, all of which may change over time. It is also divided into four distinct characteristics. We call this concept…
Justice
Laws that are written down are known as this
Codified
This concept of law is based on vengeance and punishment.
Retribution
This concept is described as payment made by an offender to the victim of a crime. It is called
Restitution
The 10 Commandments belong to this category of law where intent of the crime matters more than just the punishment.
Mosaic Law
This type of trial was based on the belief that if a person passed a tough physical test, God had declared the person innocent.
Trial by Ordeal
This type of trial was based on determining guilt or innocence by having the parties pick representatives (knights) to fight in a duel.
Trial by Combat
This type of trial was based on the idea that an accused would require a friend to swear on the Bible that he or she was innocent.
Trial by Oath Helping
Tis law is the basis for the English legal system.
Common Law
The modern day form of common law which is used to classify all decisions made by judges in todays modern courts is called this.
Case Law
A system of land ownership in Britain where the King was at the top, and the noblemen acted as judges over the people in their specific area of land given to them by the monarchy.
The Feudal System
Modern day Lawyers stem from this feudal system of solving disputes with champions of justice. This trial system is called
The Adversarial System
The concept that kings and queens were given power from God and were answerable to no one is called this
Divine Right
In early British law, circuit judges participated in travelling courts called this
Assizes
This law outlines the rights, duties, and responsibilities of the people and included laws covering adoption, emigration, treason and secession. It was also the basis for Thomas Jefferson when designing the Declaration of Independence in 1776.
Great Binding Law
Indigenous peoples can use this concept or method of justice in order to be given a sentencing circle to face punishment than be given one by a judge in a criminal court.
Restorative Justice
Judges of travelling courts during the 13th century were called these.
Circuit Judges
This concept allowed judges to refer to previous decisions in count to base their own decision on a similar criminal case. It is called this
Rule of Precedent
This charter of political rights signed in England in 1215 states that no one is above the law or beyond prosecution. It is called this
The Magna Carta
A latin term that means for a judge to “stand by the decision”.
Stare Decisis
A latin term for lawyers meaning “you must have the body” for evidence.
Habeas Corpus
In the Canadian law making process, laws are created by this branch of government
Legislative Branch