Chapter 1,2 & 3 Vocab Flashcards
Assizes
Travelling Courts
Adversarial System
The judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury
Case Law / Common Law
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.
Circuit Judges
Judges of traveling courts
Code of Hammurabi
One of the earliest known sets of laws written in Babylon.
Based upon the principles of Retribution and Restitution.
Code of Li K’ Vei
A set of Chinese laws written in 350 BCE. Laws that dealt with robbery, prison and arrest.
Codified
Arranged and Recorded systematically.
Divine Right
The concept that monarchs and their successors derived their power to rule from God and were accountable to God.
Great Laws of Manu
Indian Laws that were passed down orally.
Habeas Corpus
A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time.
Justinian’s Code
The clarification and organization of roman law commissioned by Justinian. Civil law
Magna Carta
The charter of political an civil rights first signed in England.
Mosaic Law
The Ten Commandments Moses had received from god. Written in the book of exodus.
Napoleonic Code
The civil law of France after Napoleon gained control. Called the French Civil Code.
Quebec Civil Code
The system of law used in Quebec for resolving private matters.
Restitution
Payment made by the offender to the victim of a crime.
Retribution
Justice based on vengeance and punishment.
Rule of Law
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.
Rule of Precedent
Applying a previous decision to a case that has similar circumstances.
Stare Decisis
A Latin phrase meaning: to stand by the decision.
The Great Binding Law
The Constitution of the Iroquois Confederacy.
Trial by Ordeal
Requiring a person to undergo torture to determine guilt or innocence.
Trial by oath helping
Requiring friends of the accused to swear on the bible that he or she was innocent
Trial by Combat
Determining guilt or innocence by having the parties fight a duel
Administrative Law
Law related to the relationship between people and government departments, boards, and agencies.
Bylaws
Laws that deal with local issues and are passed by municipal governments.
Private(Civil) Law
Law governing the relationships between private individuals and between individuals and organizations.
Constitutional Law
Body of law dealing with the distribution and of government powers.
Contract Law
The branch of civil law that provides rules regarding agreements between people and businesses.
Criminal Law
Law that identifies crimes and prescribes punishments.
Distinguishing a Case
Identifying a case as being sufficiently different from previous cases to warrant a different decision.
Domestic Law
Law that governs activity within a nations borders.
International Law
Law that governs relations between independent nations .
Jurisdiction
The political or legal authority to pass and enforce laws, or the judicial authority to decide a case.
Procedural Law
Law that prescribes that methods of enforcing the rights and obligations of substantive law.
Property Law
The branch of civil law that governs ownership rights in property.
Public Law
Law related to relationships between individuals and the state.
Statute Law
A law or act passed by government.
Substantive Law
Law that defines the rights, duties, and obligations of citizens and government.
Amending Formula
Procedure for changing the constitution
Tort Law
Civil law that deals with accidental and deliberate actions
BIll
Proposed Legislation
Canadian Charter of Rights and Freedoms
A section of the Constitution Act of 1982 which sets outs the protected rights and freedoms for canadians
Civil Liberties
Basic Individual rights protected by law, such as the freedom of speech
Executive Branch
The administrative branch of the government that is responsible for writing the actual laws, proposing them and enforcing them
Federal System
A two level system of Governing
Government or Public Bill
A bill proposed by a cabinet minister
Intra Vires
Within the power to pass laws (Within Jurisdiction)
Ultra Vires
Beyond the power to pass laws (Beyond Jurisdiction)
Judiciary
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
Legislative Branch
the branch of government that has the power to make, change and pass laws.
Lobby Groups
People who try to influence legislators in favour of their cause
Patriate
to bring the legislative power under the authority of the country to which it applies
Principle of Equalization
The part of the Constitution act 1982 that refers to equal access to essential services for all canadians
Private Members Bill
Legislation proposed by an MP who is not in the cabinet
Residual Powers
Federal Responsibility to make laws in legislative areas not assigned to provinces
Shared Cost Agreement
Arrangements between the two levels of government to share the cost for programs in areas not identified in the BNA Act
Statute of Westminster
Legislation saying that canada can have extended law making abilities
Unitary System
One level system of Government
example: Great Britain
