Chapter 1 Flashcards
Advisarial System
The judicial process where by evidence is presented by two opposing parties. to an impartial judge or jury
Assizes
- Traveling Courts
- in England
Case Law/Common Law
The method of deciding cases based on recorded decisions
from similar cases
-Common law (Law the was developed in GB)
Circuit Judges
- Judges that traveled around the country.
- people started questioning the kings power because other people where in charge of laws…. not his divine power.
Code of Hammurabi
- one of the first recorded laws.
- codified
Code of Li K’ vei
A set of Chinese Laws.
Earliest Chinese Laws
Codified
Laws written/recorded
Divine right
- 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
Great Laws of Manu
- Indian Laws
- Transferred through oral communication
- not codified
Habeas Corpus
-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
Justinian’s Code
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
Magna Carta
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.
Mosaic Law/ 10 commandments
- Biblical/Hebrew law found in the block of exodus
- ten Cs, laws given to Moses to guide the Hebrew people.
Napoleonic Code
The civil law of the french. Which came to be after the french revolutions.
-influences Canadian Law
Quebec Civil Code
System of Law for Quebec to resolve private legal maters
Restitution
Code of Hammurabi
-Payment by accused to the victim
Retribution
punishment inflicted on someone as vengeance for a wrong or criminal act.
Rule of Law
- Law must be excepted by society as necessary
- must apply equally to everyone
- no one person can be above the law. And have unrestrictive power. or legally be allowed to infringe upon other peoples rights.
Rule of Precedent
Applying a previous decision to a case that has similar circumstances.
Stare Decisis
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.
The Great Binding Law
The constitution of the Iroquois Confederacy. Brought 5 Aboriginal Nations together.
-Gayanashagowa
Trial by combat
- duel between to parties
- god would make the guilty loose and the innocent prevail.
Trial by oath helping
Requires a friend to swear on the bible that the accused is innocent or guilty.
Trial by Ordeal
- the accused would undergo torture.
- the verdict would come from the outcome.
Administrative Law
-Law related to the relationships between people and government departments, boards, and agencies.
Bylaws
Laws that deal with local issues and are passed by municipal governments.
Civil/Private Law
Law governing the relationships between private individuals and between individuals and organizations.
Constitutional Law
Body of law dealing with the distribution and exercise 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 punishment.
Distinguishing a case
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.
Domestic Law
Law that governs activity within a nations’s borders.
International Law
Law that governs relations between independent nations.
Jurisdiction
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.
Procedural Law
Law that prescribes the 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.
Tort Law
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.
Amending Formula
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
Bill
proposed legislation that must pass certain steps in becoming a law.
Canadian Charter of Rights and Freedoms
guarantees the people of Canada there individual right and freedoms. Laws cannot cross over the CCRF, if they do, they will be “struck down”
Civil Liberties
See the Canadian Charter of Rights and freedoms.
—“personal guarantees and freedoms that the government cannot abridge, either by law or by judicial interpretation.”
Executive Branch
comprised of the Governor General, the Prime Minister and his/her Cabinet.
Federal System
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.
Government or Public Bill
I bill preposed by a Cabinet minister (party in power)
Intra Vires
Changing/making laws that affect within a governing body’s jurisdiction.
Ultra Vires
Changing/making laws that affect outside of a governing body’s jurisdiction.
Judiciary
1 of 3 branches of government. They are in charge of applying/interpreting the laws.
Legislative Branch
1 of 3 branches of government. They prepose laws, pass laws, and send them back. comprised of the house of commons, the senate
Lobby Groups
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
Patriate
bringing a piece of legislation home to a country.
Principle of Equalization
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
Private Member’s Bill
A bill preposed an MP (member of Parliament) who is not in cabinet
Residual Powers
powers not assigned to ether the feds or provincial govs
Shared Cost Agreements
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.
Statute of Westminster
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.
Unitary System
One level system of government ex. Britain. Whereas Canada is a three level system of government (Municipal, Provincial, and Federal
Royal Commissions
These commissions are appointed by the federal cabinet.
Purpose is to conduct impartial investigations of specific
national problems.
