Vocabulary, Chapter 1

Question 1

Adversarial System

Answer 1

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

Question 2

Assizes

Answer 2

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

Question 3

Case Law/ Common Law

Answer 3

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

Question 4

Codified

Answer 4

Definition: arranged and recorded systematically

• Greek law was codified by Draco in 621 BC
• Roman law, documented and assembled in a methodical manner

Question 5

Great Laws of Manu

Answer 5

• India
• 1280-880 BC
• Previously had been passes by word of mouth

Question 6

Code of Li K’vei

Answer 6

• China
• 350 BC
• Dealt with theft, robbery, arrest

Question 7

Circuit Judges

Answer 7

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

Question 8

Justinian’s Code (Byzantine Law)

Answer 8

• 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

Question 9

Mosaics Law/10 Commandments

Answer 9

Laws to guide Hebrew people in the book of exodus in the bible; had more concern over punishment of deliberate actions

Question 10

Napoleonic Code

Answer 10

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

Question 11

Quebec civil code

Answer 11

Napoleonic code forms it’s basis and created because they wanted to be different

Question 12

Restitution

Answer 12

Justice

Question 13

Retribution

Answer 13

Vengeance or revenge

Question 14

Rule of law

Answer 14

1) law is necessary to govern society
2) law applies equally to everyone
3) nobody has the right to arbitrary power

Question 15

Rule of Precedent

Answer 15

The ability to apply past case decisions and knowledge to judge current situations with similar circumstances

Question 16

Stare decisis

Answer 16

To stand by the decision/ Abide by decisions already made; came about when cases became available to the public

Question 17

Great Bindinng Law (Gaynashagowa)

Answer 17

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

Question 18

Trial by combat

Answer 18

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

Question 19

Trial by oath helping

Answer 19

Someone who knew the accused could swear an oath on the bible for their innocence and the accused was freed

Question 20

Trial by Ordeal

Answer 20

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)

Question 21

Code of Hammurabi

Answer 21

• 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)

Question 22

Divine Right

Answer 22

Definition: the idea that monarchs and their successors derived their power to rule from God and that they were accountable only to God

Question 23

Habeas Corpus

Answer 23

• 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

Question 24

Magna Carta (Great Charter)

Answer 24

• 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