Chapter 1 Vocab Flashcards

1
Q

Adversarial System

A

Judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury

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2
Q

Assizes

A

Travelling courts (King Henry)

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3
Q

Case Law / Common Law

A

method of deciding cases based on recorded decisions of similar previous cases

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4
Q

Circuit Judges

A

judges of travelling courts (assizes)

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5
Q

Code of Hammurabi

A

First codified laws. Of babylon. Did not recognize the distinction between accidental and deliberate crime

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6
Q

Code of Li K’vei

A

Set of Chinese laws written 350 BC

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7
Q

Codified

A

arranged and recorded systematically

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8
Q

Divine Right

A

the idea that monarchs got their power to rule from God and they are therefore only accountable to God

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9
Q

Great laws of Manu

A

laws compiled in India- previously transferred orally

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10
Q

Habeas Corpus

A

court order designed to prevent unlawful arrest by ensuring anyone detained is brought before a court in a reasonable amount of time
“you must have the body”
Introduced in the Magna Carta

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11
Q

Justinian’s Code

A

clarification and organization of Roman Law commissioned by the Byzantine Emperor Justinian

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12
Q

Magna Carta

A

charter designed by King John of England recognized individual basic rights for people of England
Habeas Corpus
Rule of Law
He accepts limited power- no more divine right

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13
Q

Mosaic Law

A

Biblical or Hebrew law found in the Old Testament

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14
Q

Napoleonic Law

A

code of law in France commissioned by Napoleon

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15
Q

Quebec Civil Code

A

Based on French Civil Code

system of laws used in Quebec

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16
Q

Restitution

A

Punishment, requires offenders to pay back for harm or loss

17
Q

Retribution

A

Punishment, by revenge.

18
Q

Rule of Law

A

the part principle of justice stating that:

  • Law is necessary
  • Law is equal to Everyone
  • No arbitrary power

Introduced in Magna Carta

19
Q

Rule of Precedent

A

applying a previous decision to a case that has similar circumstances
Applies to Common Law

20
Q

Stare Decisis

A

judges must abide by the decisions previous made

“Stand by the decision”

21
Q

The Great Binding Law

A

constitution of the Iroquois Confederacy outlined laws for daily life

22
Q

Trail by combat

A

determining guilt or innocence by having the parties involved fight a duel

23
Q

Trail by Oath Helping

A

Having friends swear on the Bible of the accused innocence

24
Q

Trail by Ordeal

A

requiring the accused to undergo torture to determine guilt or innocence