Early History of Law
The severity of the punishment has to be _______ to the seriousness of the crime.
What is proportionate?
A court order that requires a jailed prisoner to be brought before a judge for an explanation of their imprisonment.
What is a writ of habeas corpus?
A legal system in which the use of sacred texts or a spiritual ideology is the basis for the legal system
What is religious law?
The burden of proof in the case falls on the prosecutor, not the defendant, and the defendant is ________ _______ until proven guilty.
The oldest written constitution
What is the US Constitution?
John Locke believed that ___,___, and _____ were natural rights.
What are life, liberty, and property?
___________created the study of law,the profession of law, and lawyers
Who are the Romans?
Which word means returning to the proper owner property or the monetary value of loss: retribution or restitution?
What is restitution?
What is the process of organizing existing laws or rules into a clearly stated system of laws?
Codification (codified law)
Every type of proof legally presented at trial (allowed by the judge) which is intended to convince the judge and/or jury of alleged facts material to the case.
What is evidence?
The first 10 Amendments to the US Constitution
What is the Bill of Rights?
The Enlightenment philosopher who advocated for women's rights.
Who is Mary Wollstonecraft?
This is a body of law created by judges in England, and not the king
What is English Common Law?
A society's solution to the injuries it suffers through crime. Any pain, penalty, suffering, or confinement inflicted upon a person by the court.
What is punishment?
A system of law concerned with the punishment of those who commit crimes.
What is criminal law?
1) fairness
2) moral rightness
3) a scheme or system of law in which every person receives their due from the system, including all rights, both natural and legal.
What is justice?
Name the 3 branches of US government and the purpose of each branch.
What is executive branch (enforce the law), legislative branch (make the law), judicial branch (interpret the law)?
Stated that government should be divided into 3 branches.
Who is Montesquieu?
According to the ___________, excessive bail and cruel and unusual punishment cannot be imposed on a defendant.
What is the English Bill of Rights?
(What is the 8th Amendment to the US Constitution?)
An earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.
What is precedent?
The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.
What is civil law?
A body of people sworn to give a verdict in a legal case on the basis of evidence submitted to them in court.
What is a jury?
The Declaration of Independence states we are born with certain rights. Those rights include ___, ___, and _____.
What are life, liberty, and the pursuit of happiness?
Rosseau believed that the legislative power belongs to the_____
What are the people?
The earliest example of a written law code that emphasized presumption of innocence and retribution.
What is the Code of Hammurabi?
This means "to do something on purpose."
What is intent?
Every member of society must obey the law (even kings and heads of state). It ensures that no one is above the law and everyone is fairly judged.
What is the rule of law?
Rulings, or decisions, that are made based on the ruling of earlier, similar cases
What is precedent?
According to the rule of law, ______ should rule the country.
What are laws?
Cesare Baccaria believed that the use of torture during an interrogation would lead to _____
What is a false confession?
This document gave all free men the right to justice and a fair trial (jury)
What is the Magna Carta?
An unreasonably harsh law.
What is draconian?
The written law established by enactments expressing the will of the legislature, as distinguished from the unwritten law or common law.
What is statutory law?
In civil law, the _______ has the burden of proof.
What is the plaintiff?
The branch of government that can declare laws unconstitutional.
Judicial branch
The Enlightenment philosopher who believed in freedom of speech and freedom of religion.
Who is Voltaire?