History of Law - Multiple Choice

Question 1

Purpose of Law

Answer 1

To maintain order within a society. It ensures a safe and peaceful community.

Question 2

Gauthier v. Beaumont

Answer 2

• Gauthier was suspected of theft and was brought to a police station. He was beaten up by 2 cops.
• why did the judge dismiss his case: took too long to take legal action (6 years)
• what factors did the SC take into consideration when reversing the judge’s decision: gauthier was injured at a police station (they are supposed to protect you)

Question 3

Title of litigants in a case

Answer 3

Plaintiff (civil trial): person suing
Defendant(civil/criminal trial): person being sued/defending themselves

Question 4

Magna Carta

Answer 4

• 1215
• first written document to say that the king and his government was not above the law
• banned cruel and unusual punishments
• allowed trial by a jury of one’s peers
• the idea that justice should not be sold or delayed

Question 5

International Law

Answer 5

governs the relationship between states

Question 6

Customary Law

Answer 6

• practices that states follow consistently, which they assume are obligatory
• not actual written codes, but found in the written judgements in international law cases

Question 7

Treaty Law

Answer 7

• binding agreements, freely entered into by states
  1. charter - establish international organizations
  2. conventions - negotiated by many countries
  3. protocols - add to earlier treaties on the same topic

Question 8

Resolutions

Answer 8

• ‘soft law’ - lack the force of customary or treaty law
• purpose - can be adopted quickly
• can form the basis for later treaty negotiations

Question 9

Napoleonic Code

Answer 9

• laws emphasized equity and justice for all
• consistent
• reliable
• In Quebec, civil law is based on Napoleonic Code

Question 10

Amending Formula

Answer 10

• Changing Queen/GG/LG/english/french/Supreme Court/ → fed gov and 10 prov must agree
• Changing borders/provincial use of english or french → fed gov and affected prov must agree
• Changing senate/HOC → fed gov must agree
• Other changes → fed gov and 7/10 prov representing at least 50% of population must agree

Question 11

Federal powers

Answer 11

• criminal law
• postal services
• marriage and divorce

Question 12

Provincial powers

Answer 12

• property and civil rights
• highways and roads
• provincial jails

Question 13

Municipal powers

Answer 13

• sewage and garbage disposal
• street lighting
• local police and firefighting