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Magna Carta Analysis by Justin Jacobson Per. 3 (FAIRNESS OF THE LAWS AND…
Magna Carta Analysis by Justin Jacobson Per. 3
COMMITMENT TO "DUE PROCESS OF LAW"
38)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 a jury of one's peers. This relates to the Process of Law because one could be changing the story and that could mess up the verdit of the defendant
17)Instead of lawsuits being held in a royal court, they would be held in permanet court wher legal records could be stored and consulted. This relates to process of law because the key componets to the process are kept within the court
18)Some cases were held in local courts to be more convenient and to have a hearing. This relates to the Process of Law because cases need to be heard in order to have a fair process of law
RESPECT FOR ECONOMIC RIGHTS
39)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. This relates to economic rights because you cannot take one's possesions unfairly
40) You should not charge a person depending on their case since some people cannot afford to prove innocent. This relates to Economic rights because you cannot unfairly fine a person.
55)Any fine that is opposed as unfair should be paid back. This relates to Economic rights because people should not be fined unfairly
RULE OF LAW
1) Powers and privileges of the king are clearly defined and limited; charter provides for enforcement of restrictions placed on the king. This relates to the Rule of Law since you cannot take away freedom
45) If you know the law well, you are suspected to keep it well and be able to enforce and administer it. This relates to the Rule of Law since you shouldn't tamper with the law
60)Every man and women should have the ability to have their own relations with each other and should have every right. This relates to the Rule of Law because you can't take away freedom.
63) The English church should be set free and should still be able to keep every right it has. This relates to Rule of Law since you cannot take away rights by law
FAIRNESS OF THE LAWS AND THEIR EXECUTION
20)"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. This relates to fairness because you have to be fair about hot much you fine a person.
21)Everyone should be fined by their equals, not by how people shall judge them. This relates to fairness because even barons and earls should be treated as equals
19)Every person should have a saying in the court, even if the docket is overloaded. This relates to fairness because it gives everyone a chance to prove innocent
24)If you do not have enough to afford for an attorney and the case could send you to jail, you should be able to be provided an attorney. This relates to fairness because everyone should have a say in court
36)You should not charge a man with death or lose of a limb but rather other punishments. This relates to fairness because you have to be fair about the punishment