Chapter 1 & 2 Flashcards
What are the three main parts to Rule of Law?
- Recognize and accept that the law is necessary.
- The law applies to everyone equally.
- No one in society has the authority to exercise unrestricted power.
What are the 6 criteria for just laws?
- Reasonable, fair, and useful.
- Clearly worded, with explanations of terms that may cause confusion.
- Made known to those who are expected to follow the laws.
- Based on the values and beliefs of society.
- Enforceable.
- Not in conflict with other laws.
What do laws reflect?
The values and beliefs of a societ. As society’s values change, so do its laws.
What are rules?
Rules a re needed to keep order. When you break rules, you suffer consequences for doing so. They are not as serious as the consequences you experience if you break the law.
What is a law?
It refers to a rule that is enforced by the government. A law is intended to be obeyed by everyone.
What do laws strike a balance between?
Individual freedom and the needs of society.
What are the three characteristics that make laws different from rules?
- Laws are a set of rules established and enforced by the government.
- Laws are mandatory.
- Laws involve a detailed system of consequences.
What can Canadians do if they do not agree with one of the country’s laws?
Join pressure groups and lobby the government to change the law. Lobby groups try to raise public awareness about changing laws to reflect their opinions and needs.
Why do we have laws?
Society needs laws to limit the behaviours of its citizens. To enforce those laws society has created punishments for breaking criminals law. Laws not only try to protect use rom harm, but they also provide a system for settling disputes.
What are the five functions of law?
- Establish rules of conduct- laws try to outline guidelines for individuals living with others in society to reduce conflicts between them.
- Provide a system of enforcement- for laws to have any meaning, they must be enforced. Police and the courts oversee the operation of laws.
- Protect rights and freedoms- free and democratic society, laws protect our rights and freedoms. Help encourage the values of tolerance, respect. In Canada, basic freedoms. Cannot be limited unless their is solid legal reason to do so.
- Protect society- criminal laws are designed to protect peopel from harm. Society defines what we consider wrong and sets out punishments. Civil laws protect individuals from being harmed or taken advantage of.
- Resolve disputes- an important function of law is to settle conflicts. Disputes can be settled through negotiation or through the court system. Laws create order and ensure that disagreements are solved fairly.
What are the three sources of laws in Canada?
- Common Law/Case Law- from previous legal decisions (case law); lowest source of Canadian Law.
- Statute Law- from elected government representatives; can override common (case) law.
- Constitutional Law- originates from the Canadian Constitution; can override statute and common (case) law.
What is Common Law/Case Law?
- Laws of England
- Common to all
- Called case law because it’s sources include the decisions made by judges in previous cases
- constantly evolving as judges decided new cases based on previous judicial decisions (sets a new precedent)
- lawyers look for favourable precedents to argue the outcome of their case.
What other ways (besides the rule of precedent) do Canadians courts judge cases?
If they disagreed with the decisions made by another judge or if the precedent was set some time ago and is no longer applicable or is the case involved new technology a presiding judge may reject previous decisions and create a new precedent.
What is distinguishing a case?
When a judge creates a new precedent.
What does statute law consist of?
Laws that are passed by elected representatives in Canadian Parliament in the form of acts.
How do acts become law?
When they pass through a formal procedure in Parliament or provincial legislature.
Many of our laws today are actually___-common law decisions that have been____.
- statutes
- codified
What is codified?
Judges decision made into gov’t law. Ex. No cell phones while driving.
What happens when a judge applies a statute that sets a precedent?
SImilar cases must be interpreted in the same way by all lower courts.
What is jurisdiction?
Each level of gov’t - federal, provincial, and municipal employees - has the power to enact legislation in its own area of political jurisdiction (authority and control).
