Vocab 1 Flashcards

1
Q

Adversarial system

A

The adversarial system of law is the system of law that relies on the contest between each advocate representing his or her party’s positions and involves an impartial person or group of people, usually a jury or judge, trying to determine the truth of the case.

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2
Q

Assizes

A

periodic criminal courts held around England and Wales until 1972

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3
Q

Case Law / Common law

A

the law as established by the outcome of former cases.

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4
Q

circuit judges

A

Judges that move around a lot

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5
Q

code of Li K’ vei

A
  • Chinese laws

- They delt with robbery, theft, prison and arrest

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6
Q

Codified

A

arrange (laws or rules) into a systematic code

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7
Q

Divine right

A

the doctrine that kings derive their right to rule directly from God and are not accountable to their subjects; rebellion is the worst of political crimes; “the doctrine of the divine right of kings was enunciated by the Stuarts in Britain in the 16th century”

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8
Q

Great laws of Manu

A

This ‘revealed scripture’ comprises 2684 verses, divided into twelve chapters presenting the norms of domestic, social, and religious life in India (circa 500 BC) under the Brahmin influence, and is fundamental to the understanding of ancient Indian society.

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9
Q

Habeas Corpus

A

a writ requiring a person under arrest to be brought before a judge or into court, esp. to secure the person’s release unless lawful grounds are shown for their detention.
•the legal right to

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10
Q

Justinian’s Code

A

(Law) a compilation of Roman imperial law made by order of Justinian I, forming part of the Corpus Juris Civilis.

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11
Q

Magna Carta

A

the royal charter of political rights given to rebellious English barons by King John in 1215

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12
Q

Mosaic Law / 10 Commandments

A

The ancient law of the Hebrews, attributed to Moses and contained in the Pentateuch. Also called Law of Moses.

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13
Q

Napoeonic Code

A

The Napoleonic Code ‒ or Code Napoléon (the official name being the Code civil des français) ‒ is the French civil code established under Napoléon I in 1804

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14
Q

Qubec civil code

A

The Civil Code of Quebec (CCQ, Code civil du Québec) is the civil code in force in the province of Quebec, Canada, which came into effect on January 1, 1994

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15
Q

Restitution

A

the restoration of something lost or stolen to its proper owner.

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16
Q

Retribution

A

punishment that is considered to be morally right and fully deserved.

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17
Q

Rule of law

A

Law is necasary, no arbertrairy power, law equaly applies to everyone.

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18
Q

Rule of precedent

A

The principle of stare decisis can be divided into two components

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19
Q

Stare decisis

A

the legal principle of determining points in litigation according to precedent.

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20
Q

The Great Binding Law

A

The Great Binding Law or Gayanashagowa is the oral constitution whereby the Iroquois Confederacy was bound together.

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21
Q

Trial by combat

A

Trial by combat (also wager of battle, trial by battle or judicial duel) was a method of Germanic law to settle accusations in the absence of witnesses or a confession in which two parties in dispute fought in single combat; the winner of the fight was proclaimed to be right

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22
Q

trial by ordeal

A

a primitive method of determining a person’s guilt or innocence by subjecting the accused person to dangerous or painful tests believed to be under divine control; escape was usually taken as a sign of innocence

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23
Q

Administrative law

A

the body of law that regulates the operation and procedures of government agencies

24
Q

ByLaw

A

a rule made by a company or society to control the actions of its members.

25
Civil/ Private law
the system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs
26
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary.
27
Contract law
that branch of jurisprudence that studies the rights and obligations of parties entering into contracts
28
Criminal law
a system of law concerned with the punishment of those who commit crimes.
29
Distinguishing a case
identifying a case
30
Domestic law
Municipal law is the national, domestic, or internal law of a sovereign state defined in opposition to international law. Municipal law includes not only law at the national level, but law at the state, provincial, territorial, regional or local levels
31
International law
a body of rules established by custom or treaty and recognized by nations as binding in their relations with one another.
32
Jurisdiction
the official power to make legal decisions and judgments.
33
Procedral law
of or relating to procedure; "a procedural violation"
34
Property law
Property law is the area of law that governs the various forms of ownership and tenancy in real property and in personal property, within the common law legal system. In the civil law system, there is a division between movable and immovable property.
35
Public law
the law of relationships between individuals and the government.
36
Statue law
the body of principles and rules of law laid down in statutes
37
Substantive law
Substantive law is the statutory or written law that defines rights and duties, such as crimes and punishments, civil rights and responsibilities in civil law. It is codified in legislated statutes or can be enacted through the initiative process.
38
Tort law
A tort, in common law jurisdictions, is a civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the tortious act
39
Amending formula
Amendments to the Constitution of Canada are changes to the Constitution of Canada initiated by the government. Only since 1982 has there been an official protocol to amend the Constitution
40
Bill
a draft of a proposed law presented to parliament for discussion.
41
Canadian charter of rights and freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act. It outlines our free rights.
42
Civil liberties
the state of being subject only to laws established for the good of the community, esp. with regard to freedom of action and speech.
43
Executive Branch
the branch of the United States government that is responsible for carrying out the laws
44
Federal system
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head
45
Government or public bill
a bill dealing with public policy
46
Intra Vires
within the legal power or authority or a person or official or body etc
47
Ultra Vires
beyond one's legal power or authority.
48
Judiciary
the judicial authorities of a country; judges collectively.
49
Legislative Branch
the branch of the United States government that has the power of legislating
50
Lobby groups
Advocacy groups use various forms of advocacy to influence public opinion and/or policy; they have played and continue to play an important part in the development of political and social systems.
51
Patriate
transfer control over (a constitution) from a mother country to its former dependency.
52
Principle of Equalization
That everyone is equal
53
Private members bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature who is not acting on behalf of the executive government.
54
Residual powers
In comparative federalism and comparative constitutionalism reserved powers or residual powers are those powers which are not "enumerated".
55
Shared cost Agreements
When the cost is split between two
56
Statute of westminster
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom and identical but separate versions of it are now domestic law within each of the other Commonwealth realms, to the extent that they have not been implicitly repealed by subsequent laws.