vocabulary 1 Flashcards
adversarial system
A judicial process whereby evidence is presented to a judge by two opposing parties to an impartial judge and jury
assizes
these where courts that traveled around and heard the local disputes of small towns, the assizes realized they where dealing with alot of the same laws and decided to make a set of laws for every one. Also known as common law.
Common law
A method of deciding cases based on the decision of previous similar cases
Circuit judges
These where the judges of the travelling courts (assizes)
Code of hammurabi
One of the oldest sets of laws known
created in 18th century BCE
Many of theses laws are based on an eye-for-an-eye viewpoint.
made by king hammurabi or Babylon.
Code of Li K’vei
A set of Chinese laws written around 350 BCE
Dealt with basic stuff such as theft, property rights and treatment of women.
Codified
Something that is arranged or recorded systematically.
Divine Right
Kings and Monarchs believed that they got their powers from god and only had to answer to god.
Great Laws of Manu
Indian laws made between 1280-880 BCE
they where transferred through oral tradition
Habeas Corpus
Latin for “you must have the body”
part of the magna carta.
It is a court order that commands the custodial authority to present an arresed person before a judge or court to determine the validity of the arrest. This concept is still part of our legal system today.
Justinians code
A clarification and organization of Roman law ordered by Justinian.
Magna Carta
This specifies that every one has equality before the law, no one is above the law.
Mosaic Law/ 10 Commandments
This a big part of biblical law. Mosaic law can be found in the book of exodus. The ten commandment where believed to be give by god to Moses to guid the hebrew people.
Napoleonic Code
Also known as the French civivl Code. It was made in 1804 and spread throughout much of europe. It became popluar because if was non technical and easy for the public to understand.
Quebec Civil Code
Formed from the French Civil code, it is a system of law used in quebec for resolving Private matters.
Restitution
the concept of making a paymen to the victim of the crime, was common in property damage and theft. it also recognized that people should not lie, even at trial. and that the strong should protect the weak.
retribution
Justice based on revenge and punishment. An eye for an eye type of justice. And there is no distinction between accident and diliberate action.
Rule of Law
A three part principle of justice stating that the law is necessary to regulate society, the law applies to everyone equally and people are not governed by arbitrary law.
Stare Decisis
A latin Phrase that means “to stand by the decision”. to abide by the decisons that where already made.
The Great Binding Law (Gaynashagowa)
It is the Constitution of the Iroquois Confereacy. It outlines right, duties and responsibilities of the people.
Trial By Combat
The two parties engaged in a duel and it was thought that god was on the side of the innocent and that man would win.
Trial by Oath Helping
This was used in less serious cases. This required someone who knew the accused to swear on the Bible that he or she was innocent.
Trial by Ordeal
The accused would undergo torture and guilt or innocence was determined by the outcome of the ordeal
Rule of Presidence
derived from Stare decisis, used to day.
