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Law 12 > Ch.1 Vocab > Flashcards

Ch.1 Vocab Flashcards

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1
Q

a person charged with a crime

A

accused

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2
Q

the decision of government agencies and boards and the law that regulates them
LAWS THAT REGULATE GOVERNMENT

issues between citizens and government eg. telephone bills, immigration

A

administrative law

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3
Q

a procedure to amend or change Canada’s constitution without the involvement of the British Parliament

A

amending formula

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4
Q

trials held before travelling judges

A

assizes

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5
Q

a proposed law; a draft of an act or statute

A

bill

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6
Q

Canada’s first constitution: an act of the British Parliament that brought the Dominion of Canada into being on July 1, 1867

A

British North America Act

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7
Q

written laws formally passed by a municipality

A

bylaws

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8
Q

a political body comprised of the Prime Minister or Premier and ministers of the Crown who make and determine the direction of government policy

A

cabinet

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9
Q

punishment based on prior judgements

A

case law

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10
Q

a reference to the source of a law case as found in reports

A

citation

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11
Q
  1. another term for private law governing the relationship between individuals,
    eg. Family law, Contract law, tort law, property law, labour law
A

civil law (private law)

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12
Q

1750 BCE .
a set of nearly 300 laws recorded by hammurabi, the king of Babylon, nearly 4000 years ago: earliest codification of laws
-an eye for an eye (retribution and restitution)
-on stone tablets
-first stage of history

A

Code of Hammurabi

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13
Q

the process of assembling any system of law into one body of statuses or a single statute, for example : the code of Hammurabi or the criminal code of Canada

A

codification

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14
Q
  1. Law that relies on court devisions for its authority and recorded incase law reports, as distinct from state law;
  2. the law that developed in English courts, as distinct from French civil
  3. law that is common to all people
A

common law

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15
Q

1982

Canada’s constitution, which includes the charter of rights and freedoms and an amending formula

gave all canadians rights.
law can be thrown out if a judge finds it unconstitutional

A

constitution Act

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16
Q

the body of law that deals with the distribution or exercise of powers of government

your rights and your freedoms (a speedy trial)

A

constitutional law

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17
Q

that branch of private or civil law that deals with the making and enforcing of agreements between individuals`

business agreement etc

A

contract law

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18
Q

the body of public law that declares acts to be crimes and prescribes punishments for those crimes

when society is hurt (treason, robbery, piracy, apps)

A

criminal law

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19
Q

prosecutor in criminal matters on behalf of the Crown and society; an agent of the Attorney General, ONLY CRIMINAL

A

crown attorney

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20
Q
  1. the party being sued in a civil action; 2. a defendant’s response to a plaintiff’s claim
A

defendant

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21
Q

that branch of private or civil law that outlines the rights and obligations of employers and employees; also called labour law

A

employment law

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22
Q

that branch of private or civil law dealing with all matters pertaining to the family

eg. divorce, child support, custody, alimony

A

family law

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23
Q

a political, social, and economic system prevalent in Europe between the ninth and fifteenth centuries that was based on the relationship between lord and vassal

A

feudalism

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24
Q

the basis of the law in Quebec, based on the Napoleonic Code

A

french civil code

25
Q

the elected Members of Parliament in Ottawa

A

House of Commons

26
Q

authority or power to o something, such as make laws

A

jurisdiction

27
Q

550 BCE

a code of law put into writing under Justinian Emperor of Rome, during the fifth and sixth centuries. punishments same through out empire

A

justinian code

28
Q

that branch of private or civil law that outlines the rights and obligations of employers and employees; also called employment law

eg. salaries, working conditions, working hours, pensions, benefits

A

labour law

29
Q

a rule to govern action; rules of conduct, established by government, for society to follow and obey

A

law

30
Q

a code of laws set out in the first five books of the Old Testament, as established under Moses, in approximately 1400 B.C.

second stage

A

mosaic law

31
Q

a code of civil law drawn up by Napoleon Bonaparte, and adopted in France in 1804; the basis of the civil law in Quebec today

A

napoleonic code

32
Q

the highest national law-making body in Canada

A

Parliament

33
Q

to return to one’s own country; for example, the patriation of Canada’s constitution from England in 1982

A

Patriation

34
Q

the party suing in a civil action

A

plaintiff

35
Q

the legal principle in which court cases with similar facts result in similar devisions; also known as stare decisis

A

precedent

36
Q

all law relating to interaction between persons, as distinct from public law; also called civil law

A

private law

37
Q

the body of law that prescribes or outlines the method of enforcing rights and obligations

laws in court room and in trial eg. showing evidence

A

procedural law

38
Q

the date on which a piece of legislation comes into effect

A

proclamation date

39
Q

that branch of private or civil law that deals with ownership, rights, and interests in property

eg. real estate

A

property law

40
Q

all law dealing with relations between an individual and the state
eg. Criminal law, constitutional law & administrative law

A

public law

41
Q

rules made under the authority of a statue by the department or ministry responsible for carrying out the statute

A

regulations

42
Q

the act of making good; the act of returning that which was taken unlawfully from a person

A

restitution

43
Q

a deserved penalty for a wrong or crime; vengeance; a sentencing objective

A

retribution

44
Q

the monarch’s signature, required to formally pass an Act; now given by the Governor General

A

royal assent

45
Q

the fundamental principle that neither the individual nor the government is above the law; society is governed by law that applies equally to all persons

A

Rule of Law

46
Q

the second federal legislative body, after the House of Commons, whose members are appointed rather than elected; also called the Upper House

A

senate

47
Q

Latin phrase meaning “to stand by previous decisions

A

stare decisis

48
Q

an Act passed in 1931 in England, giving Canada sepcific rights concerning law-making

A

statute of wesminster

49
Q

all law passed by Parliament or a provincial legislature

A

statute law

50
Q

that part of law that creates, defines, and regulates rights and obligations

A

substantive law

51
Q

that branch of private or civil law that deals with a wrong committed by one person against another, other than a breach of contract, for which the court will apply a remedy

eg. sueing , accidents, lawsuits

A

tort law

51
Q

Purpose of law?

A
  • to maintain order and protect society

- to punish those who break the law

52
Q

judical practice by which guilt or innocence of accused is determined by subjection to unpleasant, usually dangerous experience.

survival = proof of inncence

A

Trial by ordeal

53
Q

method of germanic law to settle accusations when there are no witness or confessions.

winner of fight proclaimed right

A

Trial by combat

54
Q

1215 CE

  • barons forced king john to sign
  • must rule with parliament. not above the people, parliament makes laws not king
  • all citizens have rights
A

magna carta

55
Q

1804 CE

  • adopted justinian code
  • uniformed french law (legal processes and punishment same thru out
A

Napoleonic Code

56
Q

queen/gov’t of canada versus bad guy (criminal trial)

A

R. V. Davis

57
Q

Civil trial

A

Brown V. Black

Law 12 (7 decks)

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