Chapter 1: Law: Its Purpose and History Flashcards

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1
Q

Who makes the laws in Canada?

A

The citizens of Canada elect lawmakers who make laws that suit the majority of Canadians

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2
Q

What are laws?

A

Rules established and enforced by the government

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3
Q

What are rules?

A

Rules are set by an institution, such as a family or a school to regulate how that institution functions

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4
Q

Why are rules and laws important?

A

They are necessary to keep peace and order in society and to settle disputes

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5
Q

What is public law?

A

Public law controls the relationship between the government and the people and includes criminal, administrative, and constitutional law

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6
Q

What is Private (Civil) law?

A

Private/Civil law outlines the rights and responsibilities of private citizens and organizations and includes family law, contract law, tort law, property law, and labour law

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7
Q

What are the five functions of law?

A
  • Establish rules of conduct
  • Rpvide system of enforcement
  • Protect rights and freedoms
  • Protect society
  • Resolve disputes.
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8
Q

What is law?

A
  • Laws refelct the value and beliefs of a society. They are rules made by the government to forbid actions that are not allign with their values.
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9
Q

What is substantive law?

A

laws that outline your rights and obligations to society

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10
Q

What is procedural law?

A

The legal processes involved in protecting our rights.

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11
Q

What is public law?

A

Controls the realtionship between the government and the people

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12
Q

What is private law?

A

outlines the relationship between private individuals and organizations.

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13
Q

What is the law that regulates government boards and agencies?

A

Administrative law

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14
Q

What are the types of laws that protect the rights and freedoms of Canadian society?

A
  • Criminal law
  • Constitutional law
  • Administrative law
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15
Q

What areas of law are considered private?

A
  • Contractual law
  • Tort law
  • Family law
  • Propety law
  • Labor and employment law
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16
Q

What is the significance of the code of Hammurabi and the mosaic law?

A
  • They both illustrated the concept of retribution. For every crime there should be a consequence.
  • Mosaic law introduced the concept of restitution. Paying the victim back for the damaged caused.
17
Q

How did the English common law system develop?

A
  • England was based under teh feudal system. King dividen land among nobels and those nobels were his servants.
  • Lords acted as judges, so to limit bias king appointed judges that travelled around England and hel hearings.
  • When similar cases judges recorded them and called them case law.
  • As they developped standard punishments this became the common law.
18
Q

How is the rule of precedent used in today’s system of law?

A

Lawyers and judges still refer to earlier dicisions on cases that are identical or similar to the one they are dealing with. They influences and guide judges to reach a veredict.

19
Q

Why is the case citation useful in law?

A

To record the decisions so they are orginized and easier to find.

20
Q

What is the significance of statute law as a source of law?

A

The laws that the parliament passes are known as Statute laws. The parliament filled the gaps and made new laws to deal with new situations.

21
Q

What is the difference between human rights and civil rights?

A

Human rights are acquired by being alife, while Civil rights are obtained by being legal member of certain political state.

22
Q

what impact did the U.S bill of Rights have on the development of rights law?

A

It guarantees civil rights and liberties to the individuals, limiting the power of the parliament.