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Magna Carta Analysis by Miya Takahashi PERIOD 1 (FAIRNESS OF THE LAWS AND…
Magna Carta Analysis by Miya Takahashi PERIOD 1
COMMITMENT TO "DUE PROCESS OF LAW"
Established procedures; no trial without evidence/testimony to support accusations; reliance on local courts and magistrates; trials held in a timely manner; trials open to the public; trial by jury of one's peers
chapter 18
This chapter says how knights will be chosen by the count and elected by them to be at the royal court.
chapter 24
This parts states that no one besides the one ruling the royal court (royal justices) should be able to hold lawsuits.
chapter 38
This chapter talks about how no trial should be went through with is there are no evidence of witnesses of a crime or statement.
FAIRNESS OF THE LAWS AND THEIR EXECUTION
"Reasonable" rules and regulations; equal justice under the law; recognition of customs, traditions, and established rights; restoration of property and fines if not justly taken; punishment in proportion to the crime.
chapter 19
this means that everyone does their best to make sure the lawsuit that they are dealing with gets a fair trial
chapter 20
This part says that when they are giving out charges it should be in a logical and fair sense. So it is not overdone and it is fit for the one that is being charged.
chapter 21
This chapter means that fines will be given out depending how how severe their offense was, so it would be fair.
chapter 36
This means that nothing would be accepted as a bribe from anyone to buy their own way out of punishments.
chapter 39
This means that no men shall be given punishments unless it is because of crimes that that man committed and it all must be lawful and be respected.
chapter 40
This means that for people that are not wealthy enough to afford justice still has to serve it even if they aren't able to.
RESPECT FOR ECONOMIC RIGHTS
Right to property; fairness in economic transactions--standard weights and measures; reimbursement for and/or restoration of property; freedom for merchants to move in order to conduct business
chapter 1
This chapter claims that the English church has the right to be free which is a very important right that can not be controlled by any kings
chapter 45
This states that the ones that are in charge of prosecutions will have to know the law well and be prepared for keeping it in order.
chapter 55
This chapter explains how judgements of how someone is treated in court should be equal. And how Barons should be distributed and charged to those under law. How judgement should be used to decide charges.
RULE OF LAW
Powers and privileges of the king are clearly defined and limited; charter provides for enforcement of restrictions placed on the king.
chapter 17
This means that lawsuits that are minor would waste time if they follow the royal court around so instead they should be held in their local court that doesn't move.
chapter 60
This chapter means that the law should apply to everyone in a kingdom, including all of the men and the king