chapter 1: its purpose and history Flashcards

1
Q

what is law

A

a set of rules

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2
Q

the 3 characteristics that make laws different from simple rules

A
  1. laws are a set of rules established and enforced by the government
  2. laws are mandatory
  3. laws involve consequences
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3
Q

5 functions of law

A
  1. establish rules of conduct
  2. provide a system of enforcement
  3. protect rights and freedoms
  4. protect society
  5. resolve disputes
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4
Q

substantive law

A

law that outlines a persons right and responsabilities

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5
Q

procedural law

A

legal processes that protect and enforce our rights

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6
Q

3 types of public law

A
  1. criminal law
  2. constitutional law
  3. administrative law
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7
Q

criminal law

A

outlines offences against society and their punishments

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8
Q

constitutional law

A

outlines the structure and powers of government

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9
Q

administrative law

A

outlines the relationship between citizens and the government agencies

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10
Q

5 types of tort law

A
  1. tort law
  2. family law
  3. contract law
  4. property law
  5. labour law
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11
Q

tort law

A

a person is held responsible for damage caused to another

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12
Q

family law

A

deals with various relationships of family life

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13
Q

contract law

A

outlines requirements for legally binding agreements

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14
Q

property law

A

outlines relationships between individuals and property

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15
Q

labour law

A

outlines relationships between employees and employers

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16
Q

codification

A

a written collection of law

17
Q

code of Hammurabi

A

one of the earliest records of written law.
king Hammurabi from Babylon codified nearly 300 laws in stone

18
Q

mosaic law

A

based on the 10 commandments

19
Q

Justinian code

A

first legal code that emphasised equality under law

20
Q

Napoleonic code

A

new set of civil laws for french people, AKA french civil code

21
Q

common law

A

cases with similar facts were decided in the same way

22
Q

precedent

A

issued verdict, decision becomes standard for similar future cases

23
Q

magna carta

A

English noblemen forced king John to sign this document that established the rule of law.

24
Q

the rule of law

A

no one, even the king, is above the law. everyone is the same under the law.

25
habeas corpus
a document used to determine if someone is legally being detained
26
canadian bill of rights
codified many civil rights and freedoms that had been established over many years under common law in canada
27
the 2 limitations for CBR
1. only applied to federal matters 2. could be charged at any time by parliament since it was a statue
28
federal laws
passed by the parliament 1. house of commons 2. senate 3. governor general
29
federal branches
1. executive -gov general -pm -cabinet -civil services 2. legislative -house of commons -senate 3. judiciary -judges
30
how a bill becomes a law
first reading > bill introduced second reading > bill debated in house of commons committee stage > bill studied/revised/changed third reading > debate on amended bill + vote HOC senate > 3 readings, votes royal assent > gov general signs bill into law
31
provincial laws
no senate or queen representatives. lieutenant governor signs bills into laws
32
municipal laws
laws called bylaws elected counsels