Chapter 2 Flashcards
What is the Magna Carta?
Jurisprudence that states that the monarch was not above the law.
What did the Magna Carta become the basis for?
Freedom, democracy and rule of law in the UK and Commonwealth.
What is the rule of law?
The idea that no one is above the law.
The Magna Carta prevented what from happening?
The king abusing his power.
What is the due process of law?
- Law must be published
- Law is clear and must be applied equally
- Law governs government and private person and their relationship
- Courts must apply law objectively
What are the 2 kinds of law?
Domestic and international.
What is Domestic Law?
Fed, prov and municipal.
What is International Law?
UN
What are the 2 subcategories of Domestic Law?
Substantive and procedural Law.
What are the 2 subcategories of substantive law?
Public and private Law.
What are substantive laws?
Laws that ensure accuracy and fairness.
What are procedural laws?
Laws that protect the rights of individuals
What is statutory or enacted law?
A written law.
Which part of government is seen as supreme?
Parliament.
What does the Parliament do?
Represents will of the people after democratic debate.
What are the two categories related to criminal law in the Charter?
Investigation of crime and criminal trial process.
In relation to investigation of crime, what does the Charter state the right to?
Against unreasonable search and seizure, against arbitrary detention, to be informed of reason for arrest and to legal counsel without delay.
In relation to criminal trial process, what does the Charter state the right to?
Speedy trial, not to be forced to testify at own proceedings, to be innocent until proven guilty and to not be denied reasonable bail, the right to life, against cruel and unusual punishment, not to have evidence reused and that every individual is equal under the law.
What is Case Law?
Law created by decisions in specific court cases.
Who turns to case laws?
Subsequent courts.
What is another term for these decisions in case laws?
Judicial precedents.
What are the two problems of judicial precedents as legal source?
Counsel may make illogical distinctions and the ability of a court to reverse itself.
What are the 3 areas of case law?
Error of law, error of fact and appeals.
