Ch.1 Vocab Flashcards

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
the elected Members of Parliament in Ottawa
House of Commons
26
authority or power to o something, such as make laws
jurisdiction
27
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
justinian code
28
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
labour law
29
a rule to govern action; rules of conduct, established by government, for society to follow and obey
law
30
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
mosaic law
31
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
napoleonic code
32
the highest national law-making body in Canada
Parliament
33
to return to one's own country; for example, the patriation of Canada's constitution from England in 1982
Patriation
34
the party suing in a civil action
plaintiff
35
the legal principle in which court cases with similar facts result in similar devisions; also known as stare decisis
precedent
36
all law relating to interaction between persons, as distinct from public law; also called civil law
private law
37
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
procedural law
38
the date on which a piece of legislation comes into effect
proclamation date
39
that branch of private or civil law that deals with ownership, rights, and interests in property eg. real estate
property law
40
all law dealing with relations between an individual and the state eg. Criminal law, constitutional law & administrative law
public law
41
rules made under the authority of a statue by the department or ministry responsible for carrying out the statute
regulations
42
the act of making good; the act of returning that which was taken unlawfully from a person
restitution
43
a deserved penalty for a wrong or crime; vengeance; a sentencing objective
retribution
44
the monarch's signature, required to formally pass an Act; now given by the Governor General
royal assent
45
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
Rule of Law
46
the second federal legislative body, after the House of Commons, whose members are appointed rather than elected; also called the Upper House
senate
47
Latin phrase meaning “to stand by previous decisions
stare decisis
48
an Act passed in 1931 in England, giving Canada sepcific rights concerning law-making
statute of wesminster
49
all law passed by Parliament or a provincial legislature
statute law
50
that part of law that creates, defines, and regulates rights and obligations
substantive law
51
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
tort law
51
Purpose of law?
- to maintain order and protect society | - to punish those who break the law
52
judical practice by which guilt or innocence of accused is determined by subjection to unpleasant, usually dangerous experience. survival = proof of inncence
Trial by ordeal
53
method of germanic law to settle accusations when there are no witness or confessions. winner of fight proclaimed right
Trial by combat
54
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
magna carta
55
1804 CE - adopted justinian code - uniformed french law (legal processes and punishment same thru out
Napoleonic Code
56
queen/gov't of canada versus bad guy (criminal trial)
R. V. Davis
57
Civil trial
Brown V. Black