Law 12 Test #1

Question 1

What is an adversarial system?

Answer 1

The judicial process where evidence is presented by two opposing parties to an impartial judge or jury.

Question 2

What are assizes?

Answer 2

Travelling courts.

Question 3

What is case law?

Answer 3

A method of deciding cases based on decisions of similar cases.

Question 4

What are circuit judges?

Answer 4

Judges of travelling courts.

Question 5

What does codified mean?

Answer 5

Arranged and recorded systematically.

Question 6

What is common law?

Answer 6

Law that developed in English courts; relies on case law and is common to all people.

Question 7

What is the Code of Hammurabi?

Answer 7

One of the earliest known sets of recorded laws, written by King Hammurabi.

Question 8

What is mosaic law?

Answer 8

Biblical or Hebrew law found in the Book of Exodus (Bible).

Question 9

What are the Ten Commandments?

Answer 9

Laws given to Moses to guide the Hebrew people.

Question 10

What is divine right?

Answer 10

The concept that monarchs and their successors derived their power to rule from God and were accountable only to God.

Question 11

What is Habeus Corpus?

Answer 11

A court order designed to prevent unlawful arrest by ensuring that anyone who is detained is charged before a court in a reasonable amount of time.

Question 12

What is retribution?

Answer 12

Justice based on vengeance and punishment (eye for an eye).

Question 13

What is restitution?

Answer 13

Payment made by the offender to the victim of a crime (victim compensation).

Question 14

What is rule of law?

Answer 14

A principle of justice stating that the law is necessary to regulate society, that law applies equally to everyone, and that people are not governed by arbitrary power.

Question 15

What is rule of precedent?

Answer 15

Applying a previous decision to a case that has similar circumstances.

Question 16

What is stare decisis?

Answer 16

A Latin phrase meaning “to stand by the decision”.

Question 17

What does trial by combat mean?

Answer 17

Determining guilt or innocence by having the parties fight a duel.

Question 18

What does trial by ordeal mean?

Answer 18

Requiring a person to undergo torture to determine guilt or innocence.

Question 19

What does trial by oath helping mean?

Answer 19

Requiring friends of the accused to swear on the Bible that he or she was innocent.

Question 20

What is the Magna Carta?

Answer 20

A charter of political and civil rights signed in 1215.

Question 21

What are the three things that laws reflect?

Answer 21

Values, beliefs, ever-changing society.

Question 22

What are the three aspects of Rule of Law?

Answer 22

• Citizens must recognize and obey the law
• The law applies equally to everyone
• No one has unrestricted power

Question 23

What is the history of the Code of Hammurabi?

Answer 23

• Written by King Hammurabi of Babylon 3800 years ago
• One of the earliest known sets of written laws
• Feature many laws based on retribution (revenge)

Question 24

What is the history of Mosaic Law?

Answer 24

• Also known as Biblical or Hebrew Law, found in the book of Exodus (bible)
• Laws called the 10 Commandments were given to Moses to help guide the Hebrew people
• 500 years after the death of Hammurabi
• Laws were based on the idea of restitution (victim compensation)

Question 25

What is the history of Greek Law?

Answer 25

- Two basic principles: ~ Must be recorded ~ Justice could not be left in the hands of judges alone - Codified (arranged and recorded systematically) - Public prosecution - Victim compensation - Lawyers protected the lower class from the upper class

Question 26

What type of case citation is this? Why? - R. v. Dudley and Stevens (1884), 14 Q.B.D. 273

Answer 26

Criminal because it has the R. for the crown and the accused's name.

Question 27

What type of case citation is this? Why? - Roncarelli v. Duplessis [1959] S.C.R. 121

Answer 27

Civil because of the two proper names, the first being the plaintiff and the other being the defendant.

Question 28

What type of case citation is this? Why? - Youth Criminal Justice Act, S.C. 2002, c.1 s. 110

Answer 28

Statute because duh

Question 29

In what order does the pillar of law go?

Answer 29

Charter, statute law, case law.

Question 30

How do rules differ from laws?

Answer 30

Only governments make laws, anyone can make a rule.

Question 31

Describe the importance of the Magna Carta.

Answer 31

The Magna Carta

Question 32

Explain the difference between retribution and restitution. Use an example from the Code of Hammurabi and Mosaic Law to help your explanation.

Answer 32

Retribution is essentially eye-for-an-eye while restitution is compensating the victim. For instance in Mosaic Law, people were expected to pay the victims for their damages, while in the Code of Hammurabi they used a more eye-for-an-eye technique and would often kill people for things like robberies and theft.

Question 33

What is precedent? What is the relationship between Case Law and precedent?

Answer 33

Precedent is the concept of staying consistent and abiding by your previous rulings. Since Case Law saves every case, these prior cases create precedents for future judges to follow. Additionally, sometimes with unique cases judges have to create precedents for future judges to follow.

Question 34

Describe the three stages in the development of law.

Answer 34

English common law, case law (all saved cases), precedent (stare decisis).

Question 35

Respond to this prompt: The more numerous the laws, the more corrupt the state.

Answer 35

you can do it.