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Magna Carta Analysis by Janet Huang Period uno (COMMITMENT TO "DUE…
Magna Carta Analysis by Janet Huang Period uno
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
Section 17 explains that a permenant court (a place where legal records could be stored and consulted) is an acceptable alternitive to moving the court from one location to another (this resulted in uncertian times and schedules)
Section 24 explains that the objective of this article is to have an orderly system of justice that is not based on local interpretation.
Section 38 explains that an unbiased person must only be presented to the court as a credible witness. It cannot be a court official.
Section 45 explains that only people that only judges and government officials who actually know the laws should be in court.
Section 19 explains that there should be a plan for handling lawsuits that come up after the quarterly court days.
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.
Section 20 explains that a free man should only be fined by the degree of their offence, this offence should not deprive them of their dignity.
Section 21 explains that earls and baron should be fined equally to people below them or above them.
Section 36 explains that it is not fair to charge people when a crime is being investigated.
Section 39 explains that an innocent person should not be imprisoned, stripped of their rights/possessions, or exiled/outlawed.
Section 40 explains that people cannot buy their way out of punishment or delay it and the court cannot unfairly tax the accused.
Section 55 explains that all fines that were unjustly collected and the council of 25 barons and the Archbishop of Canterbury gets to decide what to do with the money.
Section 60 explains that that Magna Carta applies to everybody even clergy and ordinary people.
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
Section 18 explains that county courts should be set up four times a year to deal with issues such as property.
RULE OF LAW
Powers and privileges of the king are clearly defined and limited; charter provides for enforcement of restrictions placed on the king.
Section 1 says that King John says that the church has the right to elect its own officials.and this goes beyond all the other demands because even the Pope agrees.