Law Chapter 1 Flashcards
(24 cards)
Adversarial system
The process where both sides present their evidence to the judge and who will decide who’s innocent and who’s guilty
Assizes
There were courts needed everywhere so King Henry II came up with the idea that they would travel from village to village to settle the cases.
Common Law
If the cases were similar to the ones in the past the same fate would be bestowed upon the new case.
Circuit judges
the judges that were also traveling to villages to solve local disputes.
Code of Hammurabi
Was an ancient code that stated laws about the Babylonians life during King Hammurabi’s reign. It contained very strict laws and it was the first codified law.
Codified
Recorded and organized into laws according to certain rules
Divine Rights
Right is granted or given from god
Justinian Code
Was a roman code to unify roman law and in order to strengthen the falling empire. This is the base for many law codes
Habeas Corpus
Part of the Manga Carta- (which states that you must have the body) this means that whoever has someone in custody you have to bring him/her to court and they must physically present. The reason for this rule was to make sure unlawfully accused people could be released
Magna Carta
Signed by King Henry II to state that Kings/Rulers would lose their “Divine” power
Mosaic Law
Hebrew law or Biblical law. Under this law it was forbidden to commit adultery, to steal, to commit murder and to worship other gods instead of just the Hebrew ones. ( Ten Commandments)
Napoleonic Code/ French Civil Code
This law spread to many countries since the way it was written it was very simple and easy to understand. Stated property, wills, family law.
Quebec Civil Code
It is based on the french civil code and it is used for resolving private matters.
Restitution
Paying back for the damage you caused.
Retribution
RefersHammurabi law “eye for an eye” means that even if something happens by accident you still are responsible and will be punished equally to what you did.
Rule of Law
- We need to have the law to regulate whats happening in our society
- Law applies equally to everyone
- Our society is not governed by an arbitrary power or law and no one may change our law
Rule of precedent
Taking one of the cases from the past and using as a rule for future cases.
Stare decisis
Once you make a decision you do not change your mind . The judge from one court will have to follow the decision made by another judge.
The Great Binding Law (Gaynashagowa)
This is an aboriginal law that states the rights and responsibilities of aboriginal people and include roles regarding adoption and treason.
Trial by Combat
Two individuals would fight and whoever won would have had god on their side and was innocent
Trial by Oath Helping
The court would bring in a friend/relative who would swear under oath that the accused was innocent
Trial by Ordeal
This meant when the judge couldn’t decide if the person was innocent or guilty he made the accused go through torture.
Charter of Rights and Freedom
The bill of rights created by Pierre Trudeau, giving Canadians a list of freedoms that can be practiced. (ie:Religious Freedom)
Case Law
Cases are all written down.
