Chapter 1: Law: Its Purpose and History Flashcards
Who makes the laws in Canada?
The citizens of Canada elect lawmakers who make laws that suit the majority of Canadians
What are laws?
Rules established and enforced by the government
What are rules?
Rules are set by an institution, such as a family or a school to regulate how that institution functions
Why are rules and laws important?
They are necessary to keep peace and order in society and to settle disputes
What is public law?
Public law controls the relationship between the government and the people and includes criminal, administrative, and constitutional law
What is Private (Civil) law?
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
What are the five functions of law?
- Establish rules of conduct
- Rpvide system of enforcement
- Protect rights and freedoms
- Protect society
- Resolve disputes.
What is law?
- 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.
What is substantive law?
laws that outline your rights and obligations to society
What is procedural law?
The legal processes involved in protecting our rights.
What is public law?
Controls the realtionship between the government and the people
What is private law?
outlines the relationship between private individuals and organizations.
What is the law that regulates government boards and agencies?
Administrative law
What are the types of laws that protect the rights and freedoms of Canadian society?
- Criminal law
- Constitutional law
- Administrative law
What areas of law are considered private?
- Contractual law
- Tort law
- Family law
- Propety law
- Labor and employment law
What is the significance of the code of Hammurabi and the mosaic law?
- 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.
How did the English common law system develop?
- 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.
How is the rule of precedent used in today’s system of law?
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.
Why is the case citation useful in law?
To record the decisions so they are orginized and easier to find.
What is the significance of statute law as a source of law?
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.
What is the difference between human rights and civil rights?
Human rights are acquired by being alife, while Civil rights are obtained by being legal member of certain political state.
what impact did the U.S bill of Rights have on the development of rights law?
It guarantees civil rights and liberties to the individuals, limiting the power of the parliament.
