Vocab Chapter 1

Question 1

Adversarial System

Answer 1

• Modern day trial by combat
• 2 sides, represented by lawyers ‘battle’ in court to find guilt/innocence
• Based on mental strength

Question 2

Assizes

Answer 2

• Traveling courts

- Introduced by common law by King Henry 2

Question 3

Case Law

Answer 3

-Deciding a case decision based on previous similar cases

Question 4

Common Law

Answer 4

• Law developed in English court
• Relies on case law
• Common to all and applies to all

Question 5

Circuit Judges

Answer 5

-The judges of the assizes (traveling courts)

Question 6

Code of Hammurabi

Answer 6

• Earliest known set of laws
• Credit to gods
• Did not separate deliberate from accident

Question 7

Code of Lik’vei

Answer 7

• Chinese laws

- Dealt with theft

Question 8

Great Laws of Manu

Answer 8

• Indian laws

- Previously passed by word of mouth

Question 9

Habeas Corpus

Answer 9

• “You Must Have the Body”

- The accused and accuser must be present in order to tell the legitimacy of their arrest

Question 10

Justinian’s Code

Answer 10

• Byzantine
• Emperor Justinian had 1,600 Roman books clarified
• Formed basis for civil law

Question 11

Magna Carta

Answer 11

• British Great Charter
• Charter of political and civil rights
• Established rule of law

Question 12

Devine Right

Answer 12

-Belief that kings got their power from god

Question 13

Mosaic Law

Answer 13

• Moses received laws from god on Mnt. Sinai to guide hebrews
• 10 commandments
• From book of exodus
• More concern over punishment of deliberate

Question 14

Napoleonic Code

Answer 14

• A compromise of German Laws & Justinians code
• Dealt with civil matters
• No rule of law

Question 15

Restitution

Answer 15

-The restoration of something lost or stolen to its proper owner

Question 16

Retribution

Answer 16

• Put back into place

- Punishment inflicted on someone as vengeance for a wrong or criminal act

Question 17

Rule of Law

Answer 17

1. Recognize law is necessary to govern society
2. Law applies equally to everyone
3. No one in society has the authority to exercise unrestricted power to remove the rights of others except in accordance with the law.

Question 18

The Great Binding Law

Answer 18

• Aboriginal Law
• Created by Iroquois confederation
• Outlined the laws of their people

Question 19

Trial by Combat

Answer 19

• 2 parties engage in a duel
• God will choose the innocent side, the guilty dies
• Hired others to take your place

Question 20

Trial by Ordeal

Answer 20

• Accused underwent torture to determine guilt/innocence
• God is the judge
• Used when judge could not find verdict

Question 21

Trial by Oath Helping

Answer 21

• Accused would swear an oath on the bible that they were innocent
• They were then freed

Question 22

Stare Decisis

Answer 22

• “Let the decision stand”

- Policy of courts to follow courts past decisions

Question 23

Rule of Precedent

Answer 23

• Modern Stare Decisis

- A court decision that is used as an example to resolve similar cases and questions of law

Question 24

Codified

Answer 24

-Arrange laws in systematic code