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law unit 1 > Definitions > Flashcards

Definitions Flashcards

You may prefer our related Brainscape-certified flashcards:
Civil Procedure 1L flashcards MBE flashcards MPRE flashcards
1
Q

Trial by ordeal

A

An accused person is subjected to painful and dangerous tests with the assumption that God would intervene

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2
Q

Trial by oath helping

A

requires a friend to swear to the bible defending the accused

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3
Q

Trial by combat

A

A duel would be arranged between the disputing parties with the belief that God would help the innocent party

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4
Q

Divine right

A

the concept that monarchs and their successors divided their power to rule from God

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5
Q

Assizes

A

travelling courts

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6
Q

Circuit judges

A

Judges of traveling courts

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7
Q

Case law

A

a method of deciding cases based on recorded decisions from similar cases

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8
Q

Common law

A

Law based on British customs and traditions

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9
Q

Stare decisis

A

a Latin phrase “to stand by the decision”

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10
Q

Rule of precedent

A

applying a previous decision to a case that has similar circumstances

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11
Q

Magna Carta

A

Document that is the cornerstone of English and Western democracy and is the basis of our civil rights. Signed in 1215.

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12
Q

Habeas corpus

A

a court order designed to prevent unlawful arrest
by ensuring that anyone detained is charged before a court within a reasonable amount of time

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13
Q

Quebec Civil Code

A

system of law used in Quebec for resolving private matters

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14
Q

International law

A

law that governs relations between independent nations

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15
Q

Domestic law

A

law that governs activity within a nations borders

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16
Q

Substantive law

A

law that defines the rights, duties, and obligations of citizens and the government

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17
Q

Procedural law

A

Law that prescribes the methods of enforcing the rights and obligations of substantive law

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18
Q

Public law

A

law related to relationships between an individual and the state

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19
Q

Administrative law

A

law related to the relationship between people and government departments, boards, and agencies

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20
Q

Criminal law

A

law that identifies crimes and prescribes punishment

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21
Q

Private (or civil) law

A

law governing the relationships between private individuals and between individuals and organizations

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22
Q

Tort law

A

A tort is a civil or private wrong committed by one person against another

23
Q

Contract laws

A

specifes legal binding agreements to enter into a contract. Both parties must voluntarily sign, be in the right state of mind, and must intend to make a legal relationship

24
Q

Family law

A

the branch of civil law that deals with various aspects of family life, along with marriage and divorce

25
Q

Estate law

A

the branch of civil law concerned with the division and distribution of property after death

26
Q

Property law

A

civil law that governs ownership rights to property

27
Q

Employment law

A

civil law that governs employer and employee relationships

28
Q

Unitary system

A

a one level system of governing

29
Q

Federal system

A

a two level system of governing

30
Q

Residual powers

A

federal responsibility to make laws in legislative areas not assigned to provinces

31
Q

Intra vires

A

within the power of government to pass laws

32
Q

Ultra vires

A

Beyond the powers of the government and the court will step in

33
Q

Statute of Westminster

A

Passed in 1931, Canada became a fully independent nation with respect and law

34
Q

Shared cost agreements

A

arrangements between the two levels of government to share the cost for programs in areas not identified in the BNA Act

35
Q

Civil liberties

A

basic individual rights protected by law (freedom of speech)

36
Q

Patriate

A

to bring legislative power under the authority of the country to which it applies

37
Q

Principle of Equalization

A

provides for equal access to essential services for all Canada

(having access to services in any language)

38
Q

Amending formula

A

procedure for changing the constitution

39
Q

Canadian Charter of Rights and Freedoms

A

sets out constitutionally protected rights and freedoms

40
Q

Executive branch

A

the administrative branch of government responsible for carrying out the governments plans and policies

41
Q

Legislative branch

A

the branch of government that has the power to make, change and repeal laws.

42
Q

Judiciary

A

the branch of government responsible for presiding over Canadas court system

43
Q

Bill

A

Proposed legislation

44
Q

Public bill

A

Legislation proposed by a cabinet minister

45
Q

Private members bill

A

legislation proposed by an MP who isn’t in cabinet

46
Q

Lobby groups

A

People who try to influence legislators in favor of their cause

47
Q

Justinian Code

A

A collection and publication of the laws of the Roman Empire; this code would lead to the development of the legal profession

48
Q

Section 91 and 92 of the BNA

A

Sections in the constitution act, it divides the Federal and Provincial powers

49
Q

Constitution

A

A formal document setting out the legal structure of a nation based on a political foundation

50
Q

Canada Act 1982

A

This act was passed by the British Parliament allowing Canada to patriate the constitution

51
Q

The Constitution Act 1982

A

Passed on April 17, 1982 by Queen Elizabeth II. It consisted of all statues that previously made up our Constitution and it now included the Charter of Rights and Freedoms

52
Q

Appointments to the Senate

A

New senators must be accepted by both the Federal and Provincial government, they must also be one third french Canadian

53
Q

Crime

A

An offence against society or the state that society considers unacceptable and deserving punishment

54
Q

Democracy

A

a system of government by the whole population or all the eligible members of a state, typically through elected representatives.

law unit 1 (2 decks)

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