Chapter 1 (Introduction)

Question 1

Lobby Group

Answer 1

A group that attempts to influence government to benefit a particular group or organization.

A group that tries to influence the government to pass laws that would support their cause and/or benefit the organization that they represent; many lobbyists are paid by a company or institution.

Question 2

Substantive Law

Answer 2

The laws that outline your rights & obligations in society.

Question 3

Procedural Law

Answer 3

The legal process/steps involved in protecting our rights.

Question 4

Crown Attorney

Answer 4

In criminal matters, the lawyer prosecuting on behalf of the Crown & society; an agent of the attorney general.

Question 5

Defendant

Answer 5

The person being charged with an offence; in civil law, the party being used.

Question 6

Statute Law

Answer 6

A law or act passed by the government body, such as Parliament or provincial legislature.

Question 7

Case Law

Answer 7

As similar legal issues began to arose, judges began to decide similar cases in the same way, which were recorded and became known as case law.

Recorded written decisions of judges; also known as common law.

Question 8

Criminal Law

Answer 8

The body of public law that declares acts to be crimes and prescribes punishments for those crimes. Outlines offences against society. Crimes include murder, kidnapping, sexual assault, break and enter, and theft. (Public Law)

Question 9

Constitutional Law

Answer 9

Outlines the structure and powers of the federal and provincial governments. Constitution is the supreme law in Canada. Rights in Charter of Rights and Freedoms are part of Constitutional Law. (Public Law)

Question 10

Administrative Law

Answer 10

Outlines the relationship between citizens and government boards and agencies. A set of rules for procedural fairness when taking a complaint to a government board or agency. (Public Law)

Question 11

Family Law

Answer 11

Outlines the area of law that regulates aspects of family life; deals with relationships between spouses or partners, and parents, grandparents, and children. May deal with divorce, division of property, and child custody. As well as unpaid support payments to spouses and children. (Private Law)

Question 12

Contract Law

Answer 12

Outlines the requirements for legally binding agreements. Failure to fulfill the terms of the contract, known in legal terms as, a breach of contract. (Private Law)

Question 13

Tort Law

Answer 13

Outlines the area of law that holds a person or organization responsible for the damage caused by their actions against another person. (e.g., dental surgeon does not live up to profession’s standard of care during operation. Patient can sue for malpractice or negligence (carelessness)). (Private Law)

Question 14

Property Law

Answer 14

Outlines the relationship between individuals and property. (e.g., may cover the use, enjoyment, sale, and lease of property.) (Private Law)

Question 15

Labour and Employment Law

Answer 15

Laws the govern the relationship between employers and employees. (May control the actions of unions and management during a strike.) Deals with issues such as minimum wage, pay equity, working conditions, and workers’ compensation (Private Law)

Question 16

Code of Hammurabi

Answer 16

One of the earliest known sets of written laws, recorded by King Hammurabi of Babylon (now Iraq) in 1750 BCE. Nearly 300 laws were carved in columns of stone. Organized under headings such as family, criminal, labour, property, and so on.

Question 17

Codification

Answer 17

The process of assembling a system of laws into one statute or a body of statutes (e.g., The Code of Hammurabi, Canada’s Criminal Code).

Question 18

Retribution

Answer 18

A well deserved penalty or punishment for a wrong or crime; vengeance. (Both the Code of Hammurabi and Mosaic law illustrate systems that followed the concept of retribution.)

Question 19

Restitution

Answer 19

The act of making good, restoring (e.g., returning something stolen to its rightful owner or compensating in another way); a sentencing objective.

Question 20

Public Law

Answer 20

Controls the relationships between individuals and the government; main types include criminal, constitutional, and administrative law. Represents laws that apply to all individuals.

Question 21

Civil Law

Answer 21

A term for private law governing the relationships between individuals; also a term for the legal system of Québec.

Question 22

Precedent

Answer 22

A legal decision that serves as an example and authority in subsequent similar cases; basis of the rule of precedent - the legal principle in which similar facts result in similar decisions.

Question 23

Rule of Law

Answer 23

The fundamental principle that the law applies equally to all persons and that neither an individual nor the government is above the law.

Question 24

Citation - how to read

Answer 24

A reference to a legal case listing all the relevant information such as the plaintiff and defendant, the year of the decision, and so on.

Neutral (Online) Citation: plaintiff vs. defendant (private or public law); R. means state, year of decision (2008), the court hearing the case (SCC), # assigned by the court (6), where to find case (CanLII).

Case-Reporting Series Citation: plaintiff vs. defendant (et alia means “and others” in Latin), year of decision (2000), volume # (35), name of reporter where case is reported (Criminal Reports aka C.R.), series (5th), page number (327), jurisdiction (fed., prov., or terri.,) and court (Ontario Court of Appeal).

Question 25

Habeas Corpus

Answer 25

A document that requires a person to be brought to court to determine if he or she is being legally detained; from the Latin term meaning “you must have the body,” that is, there must be grounds for detention.

Question 26

Magna Carta

Answer 26

A famous document (aka, the “Greater Charter”) that the English nobility forced King John to sign in 1215. It recognizes the principle of the rule of law, which is the idea that all people - rulers and commoners alike - have to follow the same laws.

Question 27

Common Law

Answer 27

Judges developed standard punishments for specific crimes, these legal decisions became the basis of English common law. (Common law relied on case law or precedent cases.)

A system of law based on past legal decisions; also known as case law.

Question 28

Amending Formula

Answer 28

The procedure to change (amend) Canada’s constitution without the involvement of the British Parliament.

Procedure to change constitutional law. Federal gov. and at least two-thirds of provinces, with 50% of population must agree.

Question 29

Jurisdiction

Answer 29

Authority or power to so something, such as make laws.

Question 30

Laws

Answer 30

Reflect the values and beliefs of society. (As society’s values change, so do laws)

Rules enforced by the government, set to keep society in order and regulate the actions of others.

Must be obeyed or may result in penalties or punishment.

Question 31

Characteristics of Law

Answer 31

1. Laws are a set of rules established and enforced by the government.
2. Laws are mandatory.
3. Laws involve a detailed system of consequences.

(These characteristics differentiate laws from rules)

Question 32

What can be done if a person disagrees with a law?

Answer 32

Join pressure groups and lobby the government to change the law. (Lobby groups raise public awareness to reflect their opinions and needs. They also go to court to challenge laws or organize peaceful demonstrations.)

Question 33

Rule

Answer 33

A restriction/statement established to keep groups in order.

Lays out the actions that are prohibited only within a specific social group.
(school, work, home, any social situation)

Consequences are no where near severe as breaking the law.

Question 34

Why Do We Have Laws?

Answer 34

Society needs laws to limit the behaviour of citizens. Punishments for breaking the law have been created to enforce laws.

Question 35

Five Functions of Law

Why We Have Laws in Canada

Answer 35

1. Establish Rules of Conduct
   Outline guidelines for individuals living with others in society to reduce conflicts between them. (e.g., you MUST pass a written and road test in order to acquire a driver’s license. Otherwise, chaos would result.)
2. Provide a System of Enforcement
   Laws MUST be enforced in order to have any meaning. POLICE and COURTS oversee the operation of laws. (e.g., if you break a law by speeding, you may be charged by a police and then must answer for your actions in a court.)
3. Protect Rights and Freedoms
   Laws encourage the values of tolerance and respect. Rights cannot be limited unless there is a solid legal reason for doing so. (e.g., freedom of expression does not allow harassment or verbal disrespect of another person.)
4. Protect Society
   Laws protect people from harm. Society defines what’s considered wrong & sets punishment for breaking the law. Civil laws protect individuals from being harmed or taken advantage of. (e.g., labour and occupational safety laws protect workers from harm.)
5. Resolve Disputes
   An important function of law is to settle conflicts. Disputes can be settled through negotiation or court system. Laws create order and ensure disagreements are solved fairly. (e.g., walking on someone’s property without owner’s permission may result in being sued for trespass.)

Question 36

Divisions of Law

Answer 36

Law can be divided into two basic types:

• Substantive law
• Procedural law

Substantive laws outline the activities or actions that are considered CRIMES in our society.

Procedural law (e.g., there are formal legal processes that the police must follow to obtain a legal search warrant. As well as formal procedures to conduct a proper alcohol or drug spot check on suspected impaired driver.

Public Law and Private Law

Question 37

Private Law

Answer 37

Outlines the legal relationship between private citizens, and between citizens and organizations. It focuses on managing the behaviour of persons and organizations in conflict with each other. Manages payment of damages to those who have been wronged. AKA, Civil Law can be further subdivided into tort, family, contract, property, and labour and employment law.

Question 38

Plaintiff

Answer 38

The person suing in a civil action.

Question 39

Napoleonic Code

Answer 39

AKA, the French Civil Code, was a revised set of civil laws for all French people. Since Napoleon conquered much of Europe around this time, the new set of laws became the legal model for many European countries. (1804)

Question 40

Early Records of Law

Answer 40

Code of Hammurabi 
Mosaic Law 
Justinian Code 
Magna Carta 
Napoleonic Code

Question 41

Code

Answer 41

A written collection of a country’s laws, arranged so that they can be used and understood. The process of preparing a code is called codification.

Question 42

Feudal System

Answer 42

A political, social, and economic system prevalent in Europe between the ninth and fifteenth centuries. William the Conquerer introduced the system to England.

Land was divided among his lords and nobles. The lord’s land was called manor, or estate. Depending on which lord owned the land, punishment for cases varied. Each lord ran their land differently. One may punish a vassal (servant) by death and another by repayment/compensation, resulting in injustice.

Question 43

Appeal

Answer 43

Referring a case to a higher court to reconsider the lower court’s decision.

Question 44

Civil Rights

Answer 44

The rights of citizens that limit the power of governments.

Question 45

Equity

Answer 45

The quality of being fair and impartial.

Question 46

Bill - how it becomes a law

Answer 46

A proposed law; a draft form of an act or statute.