Chapter One Flashcards Preview

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Flashcards in Chapter One Deck (24):
1

Adversarial System

a legal system where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case.
CAME FROM TRIAL OF COMBAT - SOME ONE REPRESENTING DEFENDANT

2

Assizes

traveling courts

3

Case Law/Common Law

Using old similar cases to determine the outcome of a new one

4

Circuit Judges

adjudicators in traveling courts

5

Code of Hammurabi

Babylonian Law; Based on retribution (mainly) and restitution

6

Code of Li K'vei

Chinese Law; criminal - theft robbery, prison, arrest

7

Codified

documented and assembled (written down)

8

Divine Right

kings get their rule/power directly from god

9

Great Laws of Manu

Indian Laws

10

Justinian's Code

Byzantine Law; emperor Justinian had roman law refinde and clarified (civil law)

11

Magna Carta

British Law; first step to individual rights (habeas corpus - An arrested person had to be presented before the court to determine the legitimacy of the arrest) Established Rule of Law

12

Mosaic Law/10 Commandments

Moses receives laws from god - directed at deliberate actions instead of unintentional

13

Napoleonic Code

French Law; german Law and Justinian's Code - ccivil matters

14

Quebec Civil Code

Napoleonic Code

15

Restitution

to be given something to make up for the loss of something

16

Retribution

to be punished for something done in order to make things even - an eye for an eye

17

Rule of Law

1. Law is necessary 2. law applies to everyone 3. No unlimited power

18

Rule of precedent

use what has previously been done in order to make decision

19

Stare Decisis

Rule of precedent (The policy of courts to abide by or adhere to principles established by decisions in earlier cases.)

20

The Great Binding Law (Gaynashagowa)

Aboriginal Law; property passed down through female bloodline

21

Trial by Combat

Fight to the death

22

Trial by Oath Helping

friends of the accused would swear on the Bible that he or she was innocent

23

Trial by Ordeal

Had to go through 'ordeals' (dangerous or painful tests believed to be under divine control; escape was usually taken as a sign of innocence) to prove innocent

24

Habeas corpus

have to have a trial to find out if arrest is legit