Chapter 1 Vocab

Question 1

Administrative Law

Answer 1

• Judicial provess whereby evidence is presented by two opposing parties to an impartial judge or jury.
• Modern day form of Trial by combat, where you have people fight for you.

Question 2

Assizes

Answer 2

• Travelling Courts

- King Henry the 2nd authorized judges to travel and resolve local disputes

Question 3

Case Law

Answer 3

-Method of deciding cases based on recorded decisions of similar cases

Question 4

Common Law

Answer 4

• Developed in English courts

- Relies on case law and is common to all people

Question 5

Circuit judges

Answer 5

-Judges of travelling courts

Question 6

Code of Hammurabi

Answer 6

• One of the earliest known written legal codes
• Mostly retribution
• From King Hammurabi on how to guide the Babylonian people
• Claimed these laws were from god, this is why people complied with them.

Question 7

Code of Li K’vei

Answer 7

-An early code of law from China

Question 8

Codified

Answer 8

-Arranged and recorded systematically

Question 9

Divine Right

Answer 9

-Concept that the monarchs derived power from God and were only accountable to God

Question 10

Great laws of Manu

Answer 10

• set of Indian laws

- passed down orally from generation to generation

Question 11

Habeas Corpus

Answer 11

• Latin for, “You must have the body”
• Concept that anyone charged for a crime had the right to be brought before a court within a certain amount of time of his charge.

Question 12

Justinian’s Code

Answer 12

• Formed the basis of what is now civil law
• Law dealing with personal matters
• The clarification and organization of Roman Law commissioned by Justinian 1

Question 13

Magna Carta

Answer 13

• Charter of political and civil rights
• Signed by King John in Runnymede, England in 1215
• Recognized the rule of law- no one is above the law, not even the king or nobles
• Also recognized Habeas Corpus- “you must have the body.”

Question 14

Mosaic Law/ 10 Commandements

Answer 14

-Law Codified: Mosaic Law (1250 BC)
-Type of Law: Criminal/Civil
-Outlined no theft, murder, adultery etc.
-Laws given to Moses by god on top of Mount Sinai as a way to guide Hebrew people.
-Laws were codified in the book of exodus in the old testament
Basis- Restitution

Question 15

Napoleonic Code

Answer 15

• After the French revolution (1789-1799) Napoleon gained control over the government of France
• Brought France under a new set of laws called the Napoleonic code (1804) or the French Civil Code
• Laws a mix of Germanic Law and Justinian’s Code
• Dealt with cicil matters

Question 16

Quebec Civil Code

Answer 16

• Based on Napoleonic Code

- the system of law in Quebec used for resolving private matters.

Question 17

Restitution

Answer 17

-Payment made by the offender to the victim of a crime

Question 18

Retribution

Answer 18

-Justice based on vengeance and punishment

Question 19

Rule of Law

Answer 19

1. Recognize law is necessary to govern society.
2. Law applies equally to everyone
3. No arbitrary power

Question 20

Rule of Precedent

Answer 20

• applying a previous decision to a case that has similar circumstances.
• process of applying stare decisis developed into rule of precedent.

Question 21

stare decisis

Answer 21

• a lastin phrase meaning “to stand by the decision.”

- abide by decisions already made.

Question 22

The Great Binding Law (Gaynashagowa)

Answer 22

• The constitution of the Iroquois Confederacy
• At it’s height, consisted of six nations extending from Quebec to far out west of Illinois in the U.S.
• things passed down to females

Question 23

Trial by Combat

Answer 23

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

Question 24

Trial by Oath Helping

Answer 24

• requiring friends of the accused to swear on the Bible that he or she was innocent.
• effective back then since most people feared retribution by God

Question 25

Trial by Ordeal

Answer 25

-requiring a person to undergo torture to determine guilt or innocence

Question 26

Distinguishing a case

Answer 26

-Identifying a case as being sufficiently different from previous cases as to warrant a different decision