Ch. 1&2 Flashcards

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1
Q

All crimes are found in what document?

A

Criminal Code of Canada

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2
Q

“R” in a case citation stands for.

A

Regina (Queen)

Rex (Kings

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3
Q

3 Sources of law in Canada?

A

Common Law, Statue Law, Constitutional Law.

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4
Q

Meaning of “Distinguishing a Case”

A

Judges reject old precedents and create new ones.

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5
Q

How are rules different from laws?

A

Rules are not enforced and people can change then and opt out.

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6
Q

3 aspects of Rule of Law

A
  • Must recognize and accept the law
  • Applies equally to everyone
  • No one has the authority to take away rights
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7
Q

Importance of Magna Carta

A
  • Charter of political and civil rights
  • Established the rule of law
  • No one was above the law
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8
Q

How case law evolved since the of reign of Henry ll?

A
  • 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.
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9
Q

Common Law

A

Law that developed in english courts. Relies on case law, and is common to all people.

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10
Q

Trial by ordeal

A

A person to undergo a torture to determine guilt or innocence.

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11
Q

Trial by oath helping

A

Friend of the accused to swear on the bible that he or she is innocent.

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12
Q

Habeus Corpus

A

A court order prevent unlawful assert.

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13
Q

Adversarial System

A

Where evidence is presented by two opposing party to an impartial judge.

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14
Q

Rule of Law

A

Law that applies equally to everyone and is necessary to society

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15
Q

Case Law

A

A method of deciding cases based on decisions.

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16
Q

Divine Right

A

Monarchs and their successor derived their power to rule from God.

17
Q

Assizes

A

Travelling courts

18
Q

Mosaic Law

A

Laws given to Moses to guide the Hebrew people and recorded in the Bible.

19
Q

Code of Hammurabi

A

Earliest-Known sets of recorded laws.

20
Q

Restitution

A

Payment made by the offender to the victim of a crime.

21
Q

Stare decisis

A

Latin phrase “to stand by the decision.”

22
Q

Magna Carta

A

A charted of of political and civil rights

23
Q

Precedent

A

Applying a previous decision to a case that has similar circumstances.

24
Q

Substantive Law

A

Law that defines the right, duties and obligations of citizens.

25
Q

Administrative Law

A

Law related to the relationship between people and government

26
Q

Constitution Law

A

Body of law dealing with the distribution and exercise of government.

27
Q

Procedure Law

A

Law that pre-scribes the methods of enforcing the rights and obligations of substantive law.

28
Q

Tort law

A

Law that holds persons or private organizations responsible for damage the caused as a result of deliberate action.