Vocabulary, Chapter 1 Flashcards
Adversarial System
Definition: the process where evidence is present by two opposing parties to an impartial judge or jury
- Canada’s current adversarial system is based on the idea of having someone physical fight in one’s place in a trial by combat
- The battle being in a court room and lawyers are there to fight in the place of the accuser and/or accused
Assizes
Definition: traveling courts
- King Henry II, to bring fairness and consistency in England, authorized judges to travel to villages and towns to resolve disputes and wrong doings in accesable courts
- Judges were called circuit judges
- Judges had to rely on common sense and principles of justice, as well as considered local customs and traditions
- Beginning of Case/Common Law, as judges saw similarities in cases
Case Law/ Common Law
Definition: a method of deciding cases based on recorded decisions of similar cases
- “Common to all”
- A result of similarities in assizes
- A precedent is created to be the basis of what is followed in future, similar cases
- Stare Thesis, a term used meaning “to stand by the decision”, today called the Rule of Precedent
Codified
Definition: arranged and recorded systematically
- Greek law was codified by Draco in 621 BC
- Roman law, documented and assembled in a methodical manner
Great Laws of Manu
- India
- 1280-880 BC
- Previously had been passes by word of mouth
Code of Li K’vei
- China
- 350 BC
- Dealt with theft, robbery, arrest
Circuit Judges
Definition: judges that travelled in the rule of King Henry II to villages and towns to settle disputes amounts the people
- Part of assizes, travelling courts
Justinian’s Code (Byzantine Law)
- After 395 AD Roman Empire split, one half was the Byzantine Empire
- In attempt to strengthen the empire, Emperor Justinian had the Roman law (1600 books) refined, creating the code
- Formed basis of Civil law, rights of citizens
Mosaics Law/10 Commandments
Laws to guide Hebrew people in the book of exodus in the bible; had more concern over punishment of deliberate actions
Napoleonic Code
Created after French Revolution in 1804, Napoleon refined French legal system now french civil code, compromise of German law and justinians code, dealt with civil matters and created distrust in judges
Quebec civil code
Napoleonic code forms it’s basis and created because they wanted to be different
Restitution
Justice
Retribution
Vengeance or revenge
Rule of law
1) law is necessary to govern society
2) law applies equally to everyone
3) nobody has the right to arbitrary power
Rule of Precedent
The ability to apply past case decisions and knowledge to judge current situations with similar circumstances
Stare decisis
To stand by the decision/ Abide by decisions already made; came about when cases became available to the public
Great Bindinng Law (Gaynashagowa)
Constitution of the Iroquois confederacy; 5 nations in 1450, 6 in 1720 formed League of Nations, first form of First Nations leadership and self government
Trial by combat
Used after 1066, a duel with god on side of the innocent, no witchcraft oath and could call on someone to fight in your place, opposing parties presented evidence to judge, basis of current adversarial system
Trial by oath helping
Someone who knew the accused could swear an oath on the bible for their innocence and the accused was freed
Trial by Ordeal
Accused endured torture to determine guilt or innocence with god as the judge when regular judge couldn’t reach a verdict; fire, hot and cold water, sacrament(eating), or the bier (walking past dead body)
Code of Hammurabi
- Susa, Iran
- 1792-1750 BC
- earliest known written laws
- written by King Hammurabi of Babylon
- discovered by a French archeologist in 1901
- made to guide the loves of his citizens
- laws said to be credit of the goods (to make fear and to have power over the people)
- Patriarchal
- an accident was non-existent
- slavery was legal
- retribution and restitution (eye for an eye)
Divine Right
Definition: the idea that monarchs and their successors derived their power to rule from God and that they were accountable only to God
Habeas Corpus
- a protection against unlawful imprisonment
- an arrested person had to be presented to the courts to prove legitimacy of arrest
- “you must have the body”
- a component of the Magna Carta
- in Canada’s Charter of Rights and Freedoms
Magna Carta (Great Charter)
- a charter of political and civil rights in England
- June of 1215 King John signed it
- established the individual rights of people
- established the rule of law
