chapter 1: its purpose and history

Question 1

what is law

Answer 1

a set of rules

Question 2

the 3 characteristics that make laws different from simple rules

Answer 2

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

Question 3

5 functions of law

Answer 3

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

Question 4

substantive law

Answer 4

law that outlines a persons right and responsabilities

Question 5

procedural law

Answer 5

legal processes that protect and enforce our rights

Question 6

3 types of public law

Answer 6

1. criminal law
2. constitutional law
3. administrative law

Question 7

criminal law

Answer 7

outlines offences against society and their punishments

Question 8

constitutional law

Answer 8

outlines the structure and powers of government

Question 9

administrative law

Answer 9

outlines the relationship between citizens and the government agencies

Question 10

5 types of tort law

Answer 10

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

Question 11

tort law

Answer 11

a person is held responsible for damage caused to another

Question 12

family law

Answer 12

deals with various relationships of family life

Question 13

contract law

Answer 13

outlines requirements for legally binding agreements

Question 14

property law

Answer 14

outlines relationships between individuals and property

Question 15

labour law

Answer 15

outlines relationships between employees and employers

Question 16

codification

Answer 16

a written collection of law

Question 17

code of Hammurabi

Answer 17

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

Question 18

mosaic law

Answer 18

based on the 10 commandments

Question 19

Justinian code

Answer 19

first legal code that emphasised equality under law

Question 20

Napoleonic code

Answer 20

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

Question 21

common law

Answer 21

cases with similar facts were decided in the same way

Question 22

precedent

Answer 22

issued verdict, decision becomes standard for similar future cases

Question 23

magna carta

Answer 23

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

Question 24

the rule of law

Answer 24

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

Question 25

habeas corpus

Answer 25

a document used to determine if someone is legally being detained

Question 26

canadian bill of rights

Answer 26

codified many civil rights and freedoms that had been established over many years under common law in canada

Question 27

the 2 limitations for CBR

Answer 27

1. only applied to federal matters
2. could be charged at any time by parliament since it was a statue

Question 28

federal laws

Answer 28

passed by the parliament
1. house of commons
2. senate
3. governor general

Question 29

federal branches

Answer 29

1. executive
   -gov general
   -pm
   -cabinet
   -civil services
2. legislative
   -house of commons
   -senate
3. judiciary
   -judges

Question 30

how a bill becomes a law

Answer 30

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

Question 31

provincial laws

Answer 31

no senate or queen representatives. lieutenant governor signs bills into laws

Question 32

municipal laws

Answer 32

laws called bylaws
elected counsels