Influences on Canadian Law

Question 1

What were the 3 trials of Early British Law?

Answer 1

• Trial by Ordeal
• Trial by Oath Helping
• Trial by Combat

Question 2

What was Trial by Ordeal?

Answer 2

It was only used if the sentence for guilt was the death penalty. (ordeal meaning, a painful or horrific experience). If the wound caused by the ordeal heals, they are presumed innocent.

Question 3

What was Trial by Oath Helping?

Answer 3

Used for less serious charges.
This method required people who knew the accused to swear an oath on the bible that he or she was innocent. If they complied, the accused was freed.

Question 4

What was Trial by Combat?

Answer 4

Trial by combat was introduced to determine guilt or innocence.
The two people involved in a dispute engaged in a duel.
It was presumed God was on the side of the innocent
Some physically weaker men, would hire stronger individuals to fight on their behalf

Question 5

What was the present day Adversarial system based on?

Answer 5

Trial by Combat

Question 6

What is the Adversarial System?

Answer 6

The judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury.

Question 7

What was Divine right?

Answer 7

The belief that monarchs got their power from God, putting them above the law and only accountable only to God.

Question 8

What was the Feudal System?

Answer 8

A system of land ownership.

Question 9

Who reduced the power of the Monarchy?

Answer 9

Henry II

Question 10

What were Assizes?

Answer 10

Traveling Courts

Question 11

What were the judges of traveling courts called? What did they have to use?

Answer 11

• Circuit judges
• Common sense and principles of justice

Question 12

What is Case law?

Answer 12

A method deciding cases based on recorded decisions of similar cases

Question 13

What is Common law?

Answer 13

Law that developed in English courts, relies on case law, and is common to all people.

Question 14

What does Stare Decisis mean?

Answer 14

To stand by the decision

Question 15

What does Rule of Precedent mean?

Answer 15

Applying a previous decision to a case that has similar circumstances

Question 16

What is Magna Carta?

Answer 16

A charter of political and civil rights signed in 1215 at Runnymede in England.

Question 17

What is Habeas Corpus (You must have the body)?

Answer 17

A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time.

Question 18

How were the rules governing Aboriginal groups passed down?

Answer 18

Oral tradition, storytelling, and myths

Question 19

Who were involved in the Iroquois (or Haudenosaunee) Confederacy?

Answer 19

• The Mohawk
• Onondaga
• Seneca
• Oneida
• Cayuga

Question 20

Who was the extra party who joined the Iroquois Confederacy to make the Six Nations?

Answer 20

The Tuscarora

Question 21

Where was the constitution of the Iroquois Confederacy eventually recorded?

Answer 21

In the Great Binding Law

Question 22

What is the Great Binding Law?

Answer 22

Outlines the rights, duties, and responsibilities of the people and includes laws covering adoption, emigration, treason, and secession.

Question 23

What is the Québec Civil Code?

Answer 23

The system of law used in Quebec for resolving private matters. (formed with the basis of the Napoleonic and French Civil Code.)