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Law 12 > Chapter 1,2 & 3 Vocab > Flashcards

Chapter 1,2 & 3 Vocab Flashcards

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0
Q

Assizes

A

Travelling Courts

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1
Q

Adversarial System

A

The judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury

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2
Q

Case Law / Common Law

A

Case Law: A method of deciding cases based on recorded decisions of past - similar cases.

Common Law: law that developed in English courts; relies on case law and is common to all the people.

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3
Q

Circuit Judges

A

Judges of traveling courts

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4
Q

Code of Hammurabi

A

One of the earliest known sets of laws written in Babylon.

Based upon the principles of Retribution and Restitution.

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5
Q

Code of Li K’ Vei

A

A set of Chinese laws written in 350 BCE. Laws that dealt with robbery, prison and arrest.

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6
Q

Codified

A

Arranged and Recorded systematically.

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7
Q

Divine Right

A

The concept that monarchs and their successors derived their power to rule from God and were accountable to God.

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8
Q

Great Laws of Manu

A

Indian Laws that were passed down orally.

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9
Q

Habeas Corpus

A

A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time.

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10
Q

Justinian’s Code

A

The clarification and organization of roman law commissioned by Justinian. Civil law

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11
Q

Magna Carta

A

The charter of political an civil rights first signed in England.

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12
Q

Mosaic Law

A

The Ten Commandments Moses had received from god. Written in the book of exodus.

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13
Q

Napoleonic Code

A

The civil law of France after Napoleon gained control. Called the French Civil Code.

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14
Q

Quebec Civil Code

A

The system of law used in Quebec for resolving private matters.

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15
Q

Restitution

A

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

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16
Q

Retribution

A

Justice based on vengeance and punishment.

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17
Q

Rule of Law

A

Principle if justice stating that the law is necessary to regulate society, that law applies equally to everyone, and that people are not governed by arbitrary power.

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18
Q

Rule of Precedent

A

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

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19
Q

Stare Decisis

A

A Latin phrase meaning: to stand by the decision.

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20
Q

The Great Binding Law

A

The Constitution of the Iroquois Confederacy.

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21
Q

Trial by Ordeal

A

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

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22
Q

Trial by oath helping

A

Requiring friends of the accused to swear on the bible that he or she was innocent

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23
Q

Trial by Combat

A

Determining guilt or innocence by having the parties fight a duel

24
Q

Administrative Law

A

Law related to the relationship between people and government departments, boards, and agencies.

25
Q

Bylaws

A

Laws that deal with local issues and are passed by municipal governments.

26
Q

Private(Civil) Law

A

Law governing the relationships between private individuals and between individuals and organizations.

27
Q

Constitutional Law

A

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

28
Q

Contract Law

A

The branch of civil law that provides rules regarding agreements between people and businesses.

29
Q

Criminal Law

A

Law that identifies crimes and prescribes punishments.

30
Q

Distinguishing a Case

A

Identifying a case as being sufficiently different from previous cases to warrant a different decision.

31
Q

Domestic Law

A

Law that governs activity within a nations borders.

32
Q

International Law

A

Law that governs relations between independent nations .

33
Q

Jurisdiction

A

The political or legal authority to pass and enforce laws, or the judicial authority to decide a case.

34
Q

Procedural Law

A

Law that prescribes that methods of enforcing the rights and obligations of substantive law.

35
Q

Property Law

A

The branch of civil law that governs ownership rights in property.

36
Q

Public Law

A

Law related to relationships between individuals and the state.

37
Q

Statute Law

A

A law or act passed by government.

38
Q

Substantive Law

A

Law that defines the rights, duties, and obligations of citizens and government.

39
Q

Amending Formula

A

Procedure for changing the constitution

40
Q

Tort Law

A

Civil law that deals with accidental and deliberate actions

41
Q

BIll

A

Proposed Legislation

42
Q

Canadian Charter of Rights and Freedoms

A

A section of the Constitution Act of 1982 which sets outs the protected rights and freedoms for canadians

43
Q

Civil Liberties

A

Basic Individual rights protected by law, such as the freedom of speech

44
Q

Executive Branch

A

The administrative branch of the government that is responsible for writing the actual laws, proposing them and enforcing them

45
Q

Federal System

A

A two level system of Governing

46
Q

Government or Public Bill

A

A bill proposed by a cabinet minister

47
Q

Intra Vires

A

Within the power to pass laws (Within Jurisdiction)

48
Q

Ultra Vires

A

Beyond the power to pass laws (Beyond Jurisdiction)

49
Q

Judiciary

A

The branch of the government responsible for enforcing the laws that the rest of the government passed. Separate from Legislative and Executive. This consists of the courts and judges of canada

50
Q

Legislative Branch

A

the branch of government that has the power to make, change and pass laws.

51
Q

Lobby Groups

A

People who try to influence legislators in favour of their cause

52
Q

Patriate

A

to bring the legislative power under the authority of the country to which it applies

53
Q

Principle of Equalization

A

The part of the Constitution act 1982 that refers to equal access to essential services for all canadians

54
Q

Private Members Bill

A

Legislation proposed by an MP who is not in the cabinet

55
Q

Residual Powers

A

Federal Responsibility to make laws in legislative areas not assigned to provinces

56
Q

Shared Cost Agreement

A

Arrangements between the two levels of government to share the cost for programs in areas not identified in the BNA Act

57
Q

Statute of Westminster

A

Legislation saying that canada can have extended law making abilities

58
Q

Unitary System

A

One level system of Government

example: Great Britain

Law 12 (7 decks)

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