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Flashcards in Chapter 1 Deck (24):
1

Adversarial System

The legal system in which an advocates is chosen to represent a party in front of an impartial judge.

2

Assizes

Established by King Henry II
Essentially portable courts that travelled to various villages consisting of circuit judges.

3

Case Law/Common Law

Law based on past cases
Cases can become statutes
Common to all people
Developed in English Courts
Stare Decisis
Rule of Precedent

4

Circuit Judges

Travelling judges in assizes
Created by King Henry II

5

Code of Hammurabi

Made by the King of Babylon (1792-1759 BC)
Patriarchal
Earliest knows set of written laws
Retribution & some restitution

6

Code of Li K'vei

Approximately 350 BC
Chinese
Dealt with theft, robbery, prison, and arrest

7

Codified

Arranged and recorded systematically

8

Divine Right

The principle that Kings possessed the wisdom of god and that they had the right to create laws.

9

Great Laws of Manu

Written in many different languages
Passed through oral tradition
Writted in India in 1280-800 BC

10

Habeas Corpus

Must have the body
Anyone charged with a crime must be brought before a judge within a reasonable time to determine the legitimacy of their arrest

11

Justinian's Code

Byzantine Emperor Justinian commissioned 10 men to clarify and study the 1600 books of Roman law
Completed in 529 AD
Modern Concept of Justice
Basis of civil law

12

Magna Carta

Restricted the powers of the king
Established by nobles
Defined rights and freedoms of citizens

13

Mosaic Law/10 Commandments

Believed to be received by Moses from God
Found in the Bible
Restitution
Equality

14

Napoleonic Code

Created by Napoleon to unify French law
Went into effect in 1804
Accessible to the public
Civil matters

15

Quebec Civil Code

Based on the French Civil Code

16

Restitution

The method of attempting to compensate the victim for any damage and attempting to integrate the criminal back into society

17

Rule of Law

A principle of justice
Law is necessary to regulate society
Law applies equally to everyone
People can't exercise arbitrary power except in accordance with the law

18

Stare Decisis

Stand by the decision
In court judges must stand by the decisions made in past cases

19

Rule of Precedent

Modern Stare Decisis
In court judges must stand by the decisions made in past cases

20

Retribution

The method of punishing the criminal for their crime
Often draconian

21

The Great Binding Law (Gaynashagowa)

The Constitution of the Iroquois Confederacy
1720 five Aboriginal nations, the Mohawk, the Onodaga, the Seneca, the Oneida, the Cayuga, and the Tuscarora established the Iroquois Confederacy

22

Trial by Combat

The process of resolving disputes through combat
A person could be hired to fight in ones stead

23

Trial by Oath Helping

Ones friends could swear on the bible ones innocence
Used for less serious charges

24

Trial by Ordeal

The accused had to undergo torture, and the outcome would be determine their guilt or innocence