Ch. 1&2 Flashcards
All crimes are found in what document?
Criminal Code of Canada
“R” in a case citation stands for.
Regina (Queen)
Rex (Kings
3 Sources of law in Canada?
Common Law, Statue Law, Constitutional Law.
Meaning of “Distinguishing a Case”
Judges reject old precedents and create new ones.
How are rules different from laws?
Rules are not enforced and people can change then and opt out.
3 aspects of Rule of Law
- Must recognize and accept the law
- Applies equally to everyone
- No one has the authority to take away rights
Importance of Magna Carta
- Charter of political and civil rights
- Established the rule of law
- No one was above the law
How case law evolved since the of reign of Henry ll?
- Brought consistency and fairness to the law.
- Judges travelled town to town (assizes) Judges were called circuit judges
- Similar case treated similar, different cases treated differently.
Common Law
Law that developed in english courts. Relies on case law, and is common to all people.
Trial by ordeal
A person to undergo a torture to determine guilt or innocence.
Trial by oath helping
Friend of the accused to swear on the bible that he or she is innocent.
Habeus Corpus
A court order prevent unlawful assert.
Adversarial System
Where evidence is presented by two opposing party to an impartial judge.
Rule of Law
Law that applies equally to everyone and is necessary to society
Case Law
A method of deciding cases based on decisions.
Divine Right
Monarchs and their successor derived their power to rule from God.
Assizes
Travelling courts
Mosaic Law
Laws given to Moses to guide the Hebrew people and recorded in the Bible.
Code of Hammurabi
Earliest-Known sets of recorded laws.
Restitution
Payment made by the offender to the victim of a crime.
Stare decisis
Latin phrase “to stand by the decision.”
Magna Carta
A charted of of political and civil rights
Precedent
Applying a previous decision to a case that has similar circumstances.
Substantive Law
Law that defines the right, duties and obligations of citizens.
Administrative Law
Law related to the relationship between people and government
Constitution Law
Body of law dealing with the distribution and exercise of government.
Procedure Law
Law that pre-scribes the methods of enforcing the rights and obligations of substantive law.
Tort law
Law that holds persons or private organizations responsible for damage the caused as a result of deliberate action.
