Lesson 4 Intro to Law quiz

The body of unwritten law developed in England from judicial decisions based on custom and earlier judicial decisions. Constitutes the basis of the English legal system and became part of American law, except in Louisiana, which inherited its civil law system from France.

Common Law

Also known as the Great Charter, King John of England agreed to this document in 1215 at the demand of his barons. The Magna Carta granted certain civil rights and liberties to English nobles and to all "freemen," such as the right to a jury of one's peers and the guarantee against loss of life, liberty, or property except in accordance with law. Some rights were guaranteed for all the king's subjects, free or not free. In doing so, the Magna Carta limited the power of the king, who agreed that his will could be bounded by law, and became a landmark in the history of constitutional government.

Magna Carta

Previous court decisions upon which legal issues are decided.

Precedent

The correction of complaints. The First Amendment protects the right of the people to petition government to obtain remedies for claimed wrongs.

Redress of Grievances

Term prevalent in seventeenth-century England and America referring to certain historically established rights, beginning with the rights of the Magna Carta, that all English subjects were understood to have. These included the right not to be kept in prison without a trial, the right to trial by jury, security in one's home from unlawful entry, and no taxation without consent, among others.

Rights of Englishmen

The principle that both those who govern and those who are governed must obey the law and are subject to the same laws. This principle is contrasted to the "rule of men," in which those in power make up the rules as they please. The rule of law requires an independent judiciary that is immune from political or other manipulation.

Rule of Law

Latin: "Let the precedent (decision) stand." The doctrine that a court should follow the previous decisions of other courts on cases in which the facts are substantially the same. This principle plays a key role in common law systems such as those of Britain and the United States.

Stare Decisis

Latin: "You shall/should have the body." A court order directing that a prisoner be brought to court before a judge to determine whether that prisoner's detention is lawful.

Writ of Habeas Corpus

The Magna Carta included the important constitutional principle that established

government based on the rule of law

Civic virtue is best defined as

putting the common good above individual interests

The purpose of a writ of habeas corpus is to protect the individual against

unlawful detention