Chapter 1: Rule of Law and Historical Legal Systems PDF

**Rule of Law (3)** First, Rule of Law means that individuals must recognize and accept that the law is necessary to regulate society. Second, it means that the law applies equally to everyone, including people in power, such as heads of state, police officers, judges, and politicians. And finally,...

**Rule of Law (3)** First, Rule of Law means that individuals must recognize and accept that the law is necessary to regulate society. Second, it means that the law applies equally to everyone, including people in power, such as heads of state, police officers, judges, and politicians. And finally, Rule of Law means that no one in our society has the authority to take away our rights except in accordance with the law. **Code of Hammurabi** French archaeologists working in Susa, Iran, made an amazing discovery---a copy of one of the earliest-known sets of written laws called the Code of Hammurabi. The Code had almost 300 laws governing the daily lives of Babylonians. The king encouraged compliance by attributing his laws to the gods, whom the people feared and respected. **Retribution** Justice based on vengeance and punishment. (Criminal law and public court) **Restitution** Payment made by the offender to the victim of a crime. (Civil law and Private court) **Division Of Canadian Law *[chart]*** Diagram of Categories of Law \| Quizlet **Mosaic Law** Laws given to Moses to guide the Hebrew people and recorded in the Bible. Under Mosaic law, it was forbidden to commit murder, adultery, and theft, and to worship other gods. ***Ten Commandment**s*: the ten laws at the beginning of Mosaic law **Greek Law** The first form of democracy was born in Greece, although it was not democracy as we know it today. Only a small percentage of the Athenian people, known as \"citizens,\" actually had political rights. Athenian citizenship excluded women, children, aliens, and slaves. Voting was a major responsibility. Another responsibility was jury duty. The jury system can be traced to Athens, Greece, in approximately 400 BCE. Athenians employed enormous juries, with the largest recorded jury at over 6000 members. Later, their juries were limited to 101, 501, or 1001 citizens. Women who were on trial were not allowed to speak on their own behalf; citizens had to speak for them. **Roman Law** Roman law was based on two principles: recording the law and ensuring justice was not left to judges alone. The Twelve Tables, written in 450 BCE, established the foundation of modern law in England. They promoted public prosecution of crimes, victim compensation, and protected the lower class. Roman law reflected a patriarchal society, with sons under father\'s jurisdiction and women not mentioned. As society became more complex, legal advisers became necessary to advise those accused of crimes, paving the way for modern lawyers. **Justinian Code** The clarification and organization of Roman law commissioned by Justinian I. Laws governing personal relationships, private and civil law. **Napoleonic Code** The civil law of France completed in 1804 (also called the French Civil Code). Codified civil law and abolished the feudal system. **Trial by Combat** Determining guilt or innocence by having the parties fight a duel **Trial By Ordeal** Requiring a person to undergo torture to determine guilt or innocence **Trial by Oath** Requiring friends of the accused to swear on the Bible that he or she is innocent. **Adversarial System** The judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury **Feudal System** The courtroom is the arena for most legal battles today, with the assumption that judges are knowledgeable and impartial. However, no unified legal system was established until 1066 when King William the Conqueror, Duke of Normandy, defeated the Anglo-Saxon forces at the Battle of Hastings. He established the feudal system, which divided Britain into parcels of land controlled by noblemen. This led to discrepancies in law administration, with penalties for similar offenses varying from village to village. By the 12th century, people complained against this unfair treatment, leading to Henry I, the king, who eventually reduced the power of the monarchy and led to the present-day system of British and Canadian law. **Divine Right of Kings** The concept that monarchs and their successors derived their power to rule from God and were accountable only to God. **Assizes** Travelling courts. **Circuit Judges** Judges of travelling courts. **Common Law** Law that developed in English courts, relies on case law, and is common to all people. **Stare Decisis** A Latin phrase meaning to "stand by the decision". (The Judge of one court would apply the same decision made by the Judge of another court, provided the facts of the cases were similar.) **Rule Of Precedent** Applying a previous decision to a case that has similar circumstances. **Magna Carta** A charter of political and civil rights signed on June 15, 1215, at Runnymede in England by King John. (the first constitution: basic rights and freedom) **Habeas Corpus** A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time. (2 years) **Aboriginal Law** British and European settlers encountered Aboriginal communities in North America, with strong beliefs in a creator and strong family leadership. The Iroquois Confederacy, formed around 1450, was a group of five nations, later known as the Six Nations. The Great Binding Law, or Gayanashagowa, outlined the rights, duties, and responsibilities of the people, including adoption, emigration, treason, and secession. The law also addressed laws of descent and ownership through clans and consanguinity. **Quebec Civil Code** The system of law used in Québec for resolving private matters. To preserve their French heritage. (The French developed the Napoleonic or French Civil Code, which forms the basis of the Québec Civil Code.)