LGLS 360 FINAL EXAM
The combat effect - Answer-- Method of Germanic law to settle accusations in absence of witness or a
confession in which two parties in dispute fought in single combat
- Winner of the fight was right
- Judicially sanctioned duel
- Fight between lawyers: prosecutor v the accused
- The opposing council is going to try to make the honest witness look like a liar in order to win; impeach
the witness
- Cross-examination
The "theology" of trial by ordeal - Answer-- Not an effective way of getting at the actual truth because
there is no premise behind it
- Based on luck, not reasoning
- Medieval Europeans accepted this only because of their religious beliefs -> believed that God
intervened all the time and is constantly involved in his creation, God was not going to let a guilty person
get away with it and was not going to punish an innocent person
- The theology of a society directly impacts the way that society handles
Ordeal of hot water - Answer-- Court officials would heat a laundry cauldron to the boiling point, then
throw a stone into the bottom
- The plaintiff must pluck out the stone to prove his innocence
- If they blistered= guilty
- If their hands showed no signs= not guilty
- Serious cases plaintiff must plunge arm up to elbow
, Ordeal of cold water - Answer-- An ancient method of testing the guilt or innocence of the common sort
of people.
- The accused, being tied under the arms, was thrown into a river.
- If he sank to the bottom, he was held to be guiltless, and drawn up by the cord.
- If he floated, the water rejected him, because of his guilt.
Commonalities: jury trial vs. trial by ordeal - Answer-- Commonalities are function, both had their
functions
- Trial by ordeal: control the blood feud, end the dispute
- Jury trial: a jury makes a decision or findings of fact, which then direct the actions of a judge.
- The differences between them were cultural
Justices of "eyre" - Answer-- Circuit made by an itinerant judge in medieval England
- Judges who would travel and hold court for king's law
- 12 heads of families who would report to the justices
- Nobles would gather people who they believed had committed crimes and those people were put on
trial by ordeal (cold or hot water)
4th Lateral Council - Answer-- 1215 in Rome
- Forbade clergy from performing any religious ceremonies in connection with the trial by ordeal (it
conflicted with their morals)
The "mystique of math" - Answer-- Probability is not enough to convict someone of a crime without hard
facts
- People v. Collins case → term was used
Blakely v. WA (2004) - Answer-- Kidnapped his estranged wife. Charged with kidnapping
The combat effect - Answer-- Method of Germanic law to settle accusations in absence of witness or a
confession in which two parties in dispute fought in single combat
- Winner of the fight was right
- Judicially sanctioned duel
- Fight between lawyers: prosecutor v the accused
- The opposing council is going to try to make the honest witness look like a liar in order to win; impeach
the witness
- Cross-examination
The "theology" of trial by ordeal - Answer-- Not an effective way of getting at the actual truth because
there is no premise behind it
- Based on luck, not reasoning
- Medieval Europeans accepted this only because of their religious beliefs -> believed that God
intervened all the time and is constantly involved in his creation, God was not going to let a guilty person
get away with it and was not going to punish an innocent person
- The theology of a society directly impacts the way that society handles
Ordeal of hot water - Answer-- Court officials would heat a laundry cauldron to the boiling point, then
throw a stone into the bottom
- The plaintiff must pluck out the stone to prove his innocence
- If they blistered= guilty
- If their hands showed no signs= not guilty
- Serious cases plaintiff must plunge arm up to elbow
, Ordeal of cold water - Answer-- An ancient method of testing the guilt or innocence of the common sort
of people.
- The accused, being tied under the arms, was thrown into a river.
- If he sank to the bottom, he was held to be guiltless, and drawn up by the cord.
- If he floated, the water rejected him, because of his guilt.
Commonalities: jury trial vs. trial by ordeal - Answer-- Commonalities are function, both had their
functions
- Trial by ordeal: control the blood feud, end the dispute
- Jury trial: a jury makes a decision or findings of fact, which then direct the actions of a judge.
- The differences between them were cultural
Justices of "eyre" - Answer-- Circuit made by an itinerant judge in medieval England
- Judges who would travel and hold court for king's law
- 12 heads of families who would report to the justices
- Nobles would gather people who they believed had committed crimes and those people were put on
trial by ordeal (cold or hot water)
4th Lateral Council - Answer-- 1215 in Rome
- Forbade clergy from performing any religious ceremonies in connection with the trial by ordeal (it
conflicted with their morals)
The "mystique of math" - Answer-- Probability is not enough to convict someone of a crime without hard
facts
- People v. Collins case → term was used
Blakely v. WA (2004) - Answer-- Kidnapped his estranged wife. Charged with kidnapping
