Chapter One

Question 1

Adversarial System

Answer 1

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

Question 2

Assizes

Answer 2

traveling courts

Question 3

Case Law/Common Law

Answer 3

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

Question 4

Circuit Judges

Answer 4

adjudicators in traveling courts

Question 5

Code of Hammurabi

Answer 5

Babylonian Law; Based on retribution (mainly) and restitution

Question 6

Code of Li K’vei

Answer 6

Chinese Law; criminal - theft robbery, prison, arrest

Question 7

Codified

Answer 7

documented and assembled (written down)

Question 8

Divine Right

Answer 8

kings get their rule/power directly from god

Question 9

Great Laws of Manu

Answer 9

Indian Laws

Question 10

Justinian’s Code

Answer 10

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

Question 11

Magna Carta

Answer 11

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

Question 12

Mosaic Law/10 Commandments

Answer 12

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

Question 13

Napoleonic Code

Answer 13

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

Question 14

Quebec Civil Code

Answer 14

Napoleonic Code

Question 15

Restitution

Answer 15

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

Question 16

Retribution

Answer 16

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

Question 17

Rule of Law

Answer 17

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

Question 18

Rule of precedent

Answer 18

use what has previously been done in order to make decision

Question 19

Stare Decisis

Answer 19

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

Question 20

The Great Binding Law (Gaynashagowa)

Answer 20

Aboriginal Law; property passed down through female bloodline

Question 21

Trial by Combat

Answer 21

Fight to the death

Question 22

Trial by Oath Helping

Answer 22

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

Question 23

Trial by Ordeal

Answer 23

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

Question 24

Habeas corpus

Answer 24

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