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LAW 12 > Chapter 1 > Flashcards

Chapter 1 Flashcards

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1
Q

Advisarial System

A

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

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2
Q

Assizes

A
  • Traveling Courts

- in England

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3
Q

Case Law/Common Law

A

The method of deciding cases based on recorded decisions
from similar cases
-Common law (Law the was developed in GB)

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4
Q

Circuit Judges

A
  • Judges that traveled around the country.

- people started questioning the kings power because other people where in charge of laws…. not his divine power.

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5
Q

Code of Hammurabi

A
  • one of the first recorded laws.

- codified

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6
Q

Code of Li K’ vei

A

A set of Chinese Laws.

Earliest Chinese Laws

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7
Q

Codified

A

Laws written/recorded

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8
Q

Divine right

A
  • Ruling because your believed by your subjects to be in touch with a higher power.
  • rule with the voice of god… or some other thingy
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9
Q

Great Laws of Manu

A
  • Indian Laws
  • Transferred through oral communication
  • not codified
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10
Q

Habeas Corpus

A

-a court order designed to recent unlawful arrest by ensuring that every on that is detained has to be charged in court in a reasonable amount of time

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11
Q

Justinian’s Code

A

the clarification and organisation of Roman Law commissioned by Justin 1.

  • Romans controlled England at one point, so their laws influenced future English Law.
  • Also influenced the Napoleonic Code
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12
Q

Magna Carta

A

When King Henry was seen to be ruling not from divine right. He was forced to sign it. To give citizens rights…… Was the start of the rule of law.

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13
Q

Mosaic Law/ 10 commandments

A
  • Biblical/Hebrew law found in the block of exodus

- ten Cs, laws given to Moses to guide the Hebrew people.

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14
Q

Napoleonic Code

A

The civil law of the french. Which came to be after the french revolutions.
-influences Canadian Law

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15
Q

Quebec Civil Code

A

System of Law for Quebec to resolve private legal maters

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16
Q

Restitution

A

Code of Hammurabi

-Payment by accused to the victim

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17
Q

Retribution

A

punishment inflicted on someone as vengeance for a wrong or criminal act.

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18
Q

Rule of Law

A
  1. Law must be excepted by society as necessary
  2. must apply equally to everyone
  3. no one person can be above the law. And have unrestrictive power. or legally be allowed to infringe upon other peoples rights.
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19
Q

Rule of Precedent

A

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

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20
Q

Stare Decisis

A

Latin Phrase “To stand by the decision”
-connected to the “Rule of Precedent”…. because it means that we as a society stand by the actions taken in a previous case…. so it can be reused again in a similar case.

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21
Q

The Great Binding Law

A

The constitution of the Iroquois Confederacy. Brought 5 Aboriginal Nations together.
-Gayanashagowa

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22
Q

Trial by combat

A
  • duel between to parties

- god would make the guilty loose and the innocent prevail.

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23
Q

Trial by oath helping

A

Requires a friend to swear on the bible that the accused is innocent or guilty.

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24
Q

Trial by Ordeal

A
  • the accused would undergo torture.

- the verdict would come from the outcome.

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25
Q

Administrative Law

A

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

26
Q

Bylaws

A

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

27
Q

Civil/Private Law

A

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

28
Q

Constitutional Law

A

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

29
Q

Contract Law

A

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

30
Q

Criminal Law

A

Law that identifies crimes and prescribes punishment.

31
Q

Distinguishing a case

A

If there is no precedent or if the case not seen before then the case can be “distinguished” or set as the first case for that sort of case.

32
Q

Domestic Law

A

Law that governs activity within a nations’s borders.

33
Q

International Law

A

Law that governs relations between independent nations.

34
Q

Jurisdiction

A

The practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility.

35
Q

Procedural Law

A

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

36
Q

Property Law

A

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

37
Q

Public Law

A

Law related to relationships between individuals and the state.

38
Q

Statute Law

A

A law or act passed by government.

39
Q

Substantive Law

A

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

40
Q

Tort Law

A

The branch of civil law that holds persons or private organizations responsible for damage they cause another person as a result of accidental or deliberate action.

41
Q

Amending Formula

A

The process that must be completed in order to change the constitution in any way
-2/3 of the provinces representing 50% or more of the population

42
Q

Bill

A

proposed legislation that must pass certain steps in becoming a law.

43
Q

Canadian Charter of Rights and Freedoms

A

guarantees the people of Canada there individual right and freedoms. Laws cannot cross over the CCRF, if they do, they will be “struck down”

44
Q

Civil Liberties

A

See the Canadian Charter of Rights and freedoms.

—“personal guarantees and freedoms that the government cannot abridge, either by law or by judicial interpretation.”

45
Q

Executive Branch

A

comprised of the Governor General, the Prime Minister and his/her Cabinet.

46
Q

Federal System

A

In federal systems, political power is divided between two sets of governments, one national and the other subnational (provincial), both of which operate directly upon the people.

47
Q

Government or Public Bill

A

I bill preposed by a Cabinet minister (party in power)

48
Q

Intra Vires

A

Changing/making laws that affect within a governing body’s jurisdiction.

49
Q

Ultra Vires

A

Changing/making laws that affect outside of a governing body’s jurisdiction.

50
Q

Judiciary

A

1 of 3 branches of government. They are in charge of applying/interpreting the laws.

51
Q

Legislative Branch

A

1 of 3 branches of government. They prepose laws, pass laws, and send them back. comprised of the house of commons, the senate

52
Q

Lobby Groups

A

Large groups that use the public to help them to
attempt to influence MPs or MLAs to change or introduce
laws that reflect or favour their cause.
Examples: MADD, SBYC, LEAF

53
Q

Patriate

A

bringing a piece of legislation home to a country.

54
Q

Principle of Equalization

A

Subsection 36 of the Constitution Act, 1982 states that “Parliament and the government of Canada are committed to the principle of making Equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels

55
Q

Private Member’s Bill

A

A bill preposed an MP (member of Parliament) who is not in cabinet

56
Q

Residual Powers

A

powers not assigned to ether the feds or provincial govs

57
Q

Shared Cost Agreements

A

When the provincial gov needed funding for specific services they federal gov would help pay for it, as long as they got to control some aspects of the service.

58
Q

Statute of Westminster

A

Legislation that passed in Britain that extended Canada’s law making powers. Canada could now make laws independently and they could not be overruled for contradicting British law. Canada still could not amend its constitution.

59
Q

Unitary System

A

One level system of government ex. Britain. Whereas Canada is a three level system of government (Municipal, Provincial, and Federal

60
Q

Royal Commissions

A

These commissions are appointed by the federal cabinet.
Purpose is to conduct impartial investigations of specific
national problems.

LAW 12 (4 decks)

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