Guillaume & Tom Flashcards
Adversarial Systems
The adversarial system is a legal system used in common law countries where two groups represent their parties’ positions before an impartial person or group of people, usually a jury or judge, attempt to determine the truth of the case
Assizes
Travel judges and courts in medieval England used to enforce law areas the king cant
Case law / Common Law
Common-law courts base their decisions on prior judicial pronouncements rather than on legislative enactments.
Circuit Judges
Circuit judges are senior judges in England and Wales who sit in the Crown Court, county courts and certain specialized sub-divisions of the High Court of Justice, such as the Technology and Construction Court.
Code of Hammurabi
Hammurabi’s code included more that two hundred and thirty-two laws, most resulting in a punishment of death or loss of limb if a law was broken. The Code of Hammurabi, (or Codex Hammurabi) is a set of 282 laws and penalties devised by the Babylonian King, Hammurabi, in approximately 1700 BC.
Code of Li K’vei
Chinese laws that dealt with theft, robbery, prison and arrest.
Codified
The arrangement of laws into a systematic code, like the dictionary.
Divine Right
The doctrine that kings and queens have a God-given right to rule.
Great laws of Manu
Was a hybrid moral-religious-law code and one of the first written law codes of Asia. In spite of its age, it has sustained paramountcy in the Hindu culture. It was also the code of conduct for inter-caste relationships in India.
Habeas Corpus
A writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.
Justininans Code
The works did not constitute a new legal code. Rather, Justinian’s committees of jurists provided basically two reference works containing collections of past laws and extracts of the opinions of the great Roman jurists.
Magna Carta
Magna Carta was the first document imposed upon a King of England by a group of his subjects, the feudal barons, in an attempt to limit his powers by law and protect their rights.
Mosaic Law
The law that, according to the Old Testament, God gave to the Israelites through Moses. The Mosaic law begins with the Ten Commandments and includes the many rules of religious observance given in the first five books of the Old Testament. In Judaism, these books are called the Torah, or “the Law.”
Napoleonic Code
Is the French civil code established under Napoléon I in 1804. The code forbade privileges based on birth, allowed freedom of religion, and specified that government jobs should go to the most qualified.
Quebec Civil Code
The Civil Code of Quebec is the civil code in force in the province of Quebec, Canada, which came into effect on January 1, 1994.
Restitution
The restoration of something lost or stolen to its proper owner.
Retrubution
Punishment inflicted on someone as vengeance for a wrong or criminal act
Rule Of Law
- Law is necessary to govern a society
- Law applies to everyone
- No one has the authority to practice unrestricted power except in accordance to the law
Rule of Precedent
In common law legal systems, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body may utilize when deciding subsequent cases with similar issues or facts
Stare Decisis
Stare decisis is a legal principle by which judges are obliged to respect the precedents established by prior decisions.
The Great Binding Law (Gaynashagowa)
Is the oral constitution whereby the Iroquois Confederacy was bound together.
Trial by combat
Where the two parties engage in 1 on 1 combat and the victor is considered to be on the side of god and wins the case.
Trial by Oath Helping
Friends of the accused would swear on the Bible that he or she was innocent.
Trial by Ordeal
Trial by ordeal was an ancient judicial practice by which the guilt or innocence of the accused was determined by subjecting them to an unpleasant, usually dangerous experience. Classically, the test was one of life or death and the proof of innocence was survival.
Amending formula
Procedure for changing the constitution
Bill
Proposed legislation
Canadian Charter of Rights and Freedoms
A section of the Constitution Act, 1982, which sets out constitutionally protected rights and freedoms
Civil liberties
Basic individual rights protected by law, such as freedom of speech
Executive branch
The administrative branch of government responsible for carrying out the government’s plans and policies
Federal system
a two-level system of governing
Government or public bill
Legislation proposed by a Cabinet minister
Intra vires
Within the power of government to pass laws
Ultra vires
Beyond the power of the government to pass laws
Judiciary
The branch of government responsible for presiding over Canada’s court system
Legislative Branch
The branch of government that has the power to make, change, and repeal laws
Lobby groups
People who try to influence legislators in favour of their cause
Patriate
To bring legislative power under the authority of the country to which it applies
Principle of Equalization
Section 36 of the Constitution Act, 1982, which provides for equal access to essential services for all Canadians
Private member’s bill
Legislation proposed by an MP who is not in the Cabinet
Residual powers
Federal responsibility to make laws in legislative areas not assigned to the provinces
Shared cost agreements
Arrangement between the two levels of government to share the cost for programs in areas not identified in the BNA Act
Statue of westminster
Legislation passed in Britain that extended Canada’s law-making powers
Unitary system
A one-level systhem of governing
Administrative Law
The body of law that regulates the operation and procedures of government agencies
ByLaws
A regulation made by a local authority
Civil or Private Law
The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs
Constitutional Law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature, and the judiciary.
Contract Law
Body of law that governs oral and written agreements associated with exchange of goods and services, money, and properties
Criminal Law
A system of law concerned with the punishment of those who commit crimes.
Distinguishing a case
In law, to distinguish a case means a court decides the holding or legal reasoning of a precedent case will not apply due to materially different facts between the two cases.
Domestic Law
Municipal law is the national, domestic, or internal law of a sovereign state defined in opposition to international law
International law
A body of rules established by custom or treaty and recognized by nations as binding in their relations with one another.
Jurisdiction
Is a area where a certain set of laws subside
Procedural law
Procedural law or adjective law comprises the rules by which a court hears and determines what happens in civil lawsuit, criminal or administrative proceedings.
Property law
Property law is the area of law that governs the various forms of ownership and tenancy in real property
Public law
The law of relationships between individuals and the government.
Statue Law
The body of principles and rules of law laid down in statutes.
Substantive Law
Substantive law is the statutory, or written law, that defines rights and duties, such as crimes and punishments
Tort Laws
Tort laws are laws that offer remedies to individuals harmed by the unreasonable actions of others.
