Chapter 1 Vocabulary Flashcards
(24 cards)
Adversarial System
A system where the guilt of the accused is determined by a battle between two parties. In it’s current form, this consists of lawyers having an intellectual battle. Previous forms have included trial by combat.
Assizes
Traveling courts created by King Henry II to roam England and Wales, in order to bring some consistency to English law. Before this, local nobles determined laws and punishments.
Canadian Charter of Rights and Freedoms
Enacted in 1982, this charter is what gives Canadian citizens our inalienable rights. It is the outline for the rights and freedoms we are all entitled to.
Case Law
The law that is established by the outcome of previous cases.
Common Law
Law developed by judges using precedents set by past decisions. Similar to Case Law.
Circuit Judges
Judges who traveled the country in England and Wales starting in the eleventh century, in order to bring some consistency to the laws.
Code of Hammurabi
One of the first codified set of laws. Established in mesopotamia around 4000 years ago.
Codified
Refers to a set of laws that has been written down and organized.
Divine Right
Refers to the medieval belief that Rulers were ordained by God and given the right to rule by him.
Habeas Corpus
This refers to the idea that detainees have the right to seek relief from unlawful imprisonment. Basically means that governments cannot jail people unlawfully.
Justinian’s Code
One of the first civil codes, created by emperor Justinian of the Byzantine Empire from 529 to 565 AD. The word “Justice” comes from Justinian’s name because of this code.
Magna Carta
The first charter of rights ever written. The king of England was blackmailed into signing it by his Barons. It limited the kings power, and gave rights to the english people.
Mosaic Law/Ten Commandments
The law written in the Bible/Torah, supposedly given to moses by God. The Ten Commandments is the most famous part of this set of laws.
Napoleonic Code
The civil code established under the reign of Emperor Napoleon.
Quebec Civil Code
The civil code of Quebec, based on the Napoleonic Code.
Restitution
A practice of compensating someone for crimes committed against them.
Retribution
A practice of punishing someone for committing a crime, and thereby achieve justice.
Rule of Law
The principle that says that law should govern a nation. It has 3 main principles:
- Recognize that law is necessary to govern society
- All people are equal under the law
- No one has the authority to take away the rights of other people, except within the bounds of the law
Rule of Precedent
The rule that says that judges should respect rulings made by previous judges on similar cases in the past.
Stare Decisis
Stare Decisis means to respect the decisions made by judges in the past, and the precedents set by said decisions.
The Great Binding Law
The law established by the Iroquois Confederation during its founding. It is unique because, under this law, wealth is passed on through women, rather than through men.
Trial By Combat
The idea of trying someone by a battle between 2 people. It was thought that god would intervene and decide the winner, based upon his or her innocence.
Trial by Oath Helping
Trial by Oath Helping was where, if someone was accused of a lesser crime, someone who knew them could be brought in to give an oath and vouch for the innocence of the accused. This person was then responsible for it if the accused was, in fact, guilty.
Trial by Ordeal
This was the idea of putting someone through an ordeal to determine their innocence. This ordeal varied from seeing if someone sank in a pond (if they did they were innocent, if not, they were a witch). Ordeals also included torture, and even the eating of a piece of cake (If you choked on it, then you were guilty).
