Vocab Chapter 1 Flashcards
Adversarial System
- Modern day trial by combat
- 2 sides, represented by lawyers ‘battle’ in court to find guilt/innocence
- Based on mental strength
Assizes
- Traveling courts
- Introduced by common law by King Henry 2
Case Law
-Deciding a case decision based on previous similar cases
Common Law
- Law developed in English court
- Relies on case law
- Common to all and applies to all
Circuit Judges
-The judges of the assizes (traveling courts)
Code of Hammurabi
- Earliest known set of laws
- Credit to gods
- Did not separate deliberate from accident
Code of Lik’vei
- Chinese laws
- Dealt with theft
Great Laws of Manu
- Indian laws
- Previously passed by word of mouth
Habeas Corpus
- “You Must Have the Body”
- The accused and accuser must be present in order to tell the legitimacy of their arrest
Justinian’s Code
- Byzantine
- Emperor Justinian had 1,600 Roman books clarified
- Formed basis for civil law
Magna Carta
- British Great Charter
- Charter of political and civil rights
- Established rule of law
Devine Right
-Belief that kings got their power from god
Mosaic Law
- Moses received laws from god on Mnt. Sinai to guide hebrews
- 10 commandments
- From book of exodus
- More concern over punishment of deliberate
Napoleonic Code
- A compromise of German Laws & Justinians code
- Dealt with civil matters
- No rule of law
Restitution
-The restoration of something lost or stolen to its proper owner
Retribution
- Put back into place
- Punishment inflicted on someone as vengeance for a wrong or criminal act
Rule of Law
- Recognize law is necessary to govern society
- Law applies equally to everyone
- No one in society has the authority to exercise unrestricted power to remove the rights of others except in accordance with the law.
The Great Binding Law
- Aboriginal Law
- Created by Iroquois confederation
- Outlined the laws of their people
Trial by Combat
- 2 parties engage in a duel
- God will choose the innocent side, the guilty dies
- Hired others to take your place
Trial by Ordeal
- Accused underwent torture to determine guilt/innocence
- God is the judge
- Used when judge could not find verdict
Trial by Oath Helping
- Accused would swear an oath on the bible that they were innocent
- They were then freed
Stare Decisis
- “Let the decision stand”
- Policy of courts to follow courts past decisions
Rule of Precedent
- Modern Stare Decisis
- A court decision that is used as an example to resolve similar cases and questions of law
Codified
-Arrange laws in systematic code
