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Flashcards in Lesson 4 Deck (30):
1

Magma carta

Charter signed by King John that addressed feudal relationships, rule of law, basic rights, and government by consent

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Precedent

Rule to guide future cases

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Redress of grievances

Compensation for a loss or wrong done to the people should the crown infringe on common law rights

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Rights of englishmen

Common law rights that neither the monarch not parliament would dare to change or violate

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State decisis

"Let the precedent stand"

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Writ of habeas corpus

Orders an official to deliver a person in custody to a court of law to explain why the person is being held

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By the early 13th century

Groups of advisors developed into separate institutions and evolved into the parliament and royal court

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King Edward I summoned the

Model parliament which consisted of two representative houses

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Parliament represented the various interests in the kingdom

Providing monarchs with a way of negotiating

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Common law requires judges to publish their

Decisions so that future judges would know how earlier cases had been decided

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Stare decisis gives

Predictability and stability to the law

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Some common law rights

Right to trial by jury
Security of home from unlawful entry
Limitation on government power to tax

13

In 1100 King Henry I issued a charter of liberties which bound him to

Obey certain laws regarding the treatment of nobles and church officials

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Common law

English system of law that would be common to all parts of the kingdom

15

In 1215, barons forced King John I to sign s new

Charter of Liberties known as the manga carta

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Magma carta addressed feudal

Relationships between monarchy and three classes: barons clergy and merchants

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In the charter the king vowed not to increase

Feudal dues and other money payments without consent and to to respect property rights

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Magma carta confirmed

Traditional rights

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Three principle s of magma carta were important in later development of constitution

Rule of law
Basic rights
Government by agreement or contract

20

Rule of law

Monarch must respect established rules of law
Arbitrary government outlawed

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Basic rights

Secures redress of grievances and "ancient liberties and free customs"

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Government by agreement or contract

Basis for legitimate government

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American colonists found principle of

No taxation without representation and consent

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Central principle of British constitution

Respect for established rules and procedures

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Petition of Right confirmed that taxes could only be raised with the consent of

Parliament.

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Petition of right guaranteed rights such as prohibition against

Requiring people to quarter soldiers
Right to habeas corpus

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Writ of habeas corpus is one of the most important

Limitations on governmental power because of protects against arbitrary arrest

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Parliament eventually represented the most powerful groups in the kingdom and was later recognized as the

Highest legal authority in England

29

Parliament required monarchs to agree to the

English bill of rights

30

Principles of English bill of rights that influenced constitutional development

Rule of law
Representative government