Chapter 1

Question 1

Adversarial System

Answer 1

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

Question 2

Assizes

Answer 2

Established by King Henry II

Essentially portable courts that travelled to various villages consisting of circuit judges.

Question 3

Case Law/Common Law

Answer 3

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

Question 4

Circuit Judges

Answer 4

Travelling judges in assizes

Created by King Henry II

Question 5

Code of Hammurabi

Answer 5

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

Question 6

Code of Li K’vei

Answer 6

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

Question 7

Codified

Answer 7

Arranged and recorded systematically

Question 8

Divine Right

Answer 8

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

Question 9

Great Laws of Manu

Answer 9

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

Question 10

Habeas Corpus

Answer 10

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

Question 11

Justinian’s Code

Answer 11

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

Question 12

Magna Carta

Answer 12

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

Question 13

Mosaic Law/10 Commandments

Answer 13

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

Question 14

Napoleonic Code

Answer 14

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

Question 15

Quebec Civil Code

Answer 15

Based on the French Civil Code

Question 16

Restitution

Answer 16

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

Question 17

Rule of Law

Answer 17

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

Question 18

Stare Decisis

Answer 18

Stand by the decision

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

Question 19

Rule of Precedent

Answer 19

Modern Stare Decisis

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

Question 20

Retribution

Answer 20

The method of punishing the criminal for their crime

Often draconian

Question 21

The Great Binding Law (Gaynashagowa)

Answer 21

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

Question 22

Trial by Combat

Answer 22

The process of resolving disputes through combat

A person could be hired to fight in ones stead

Question 23

Trial by Oath Helping

Answer 23

Ones friends could swear on the bible ones innocence

Used for less serious charges

Question 24

Trial by Ordeal

Answer 24

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