History of Law - True or False Flashcards
1
Q
Code of Hammurabi
A
- “eye for an eye” philosophy
- the poor get more severe punishments than the rich
- if one damages someone’s property, they should replace it
- men suffer less than women
- business was only for the wealthy
2
Q
Mosaic Law
A
- The law which God gave to the Israelites through Moses
- punishments were very severe
3
Q
Subtantive vs Procedural Law
A
Substantive: All laws that list the rights and obligations of each person in society
Procedural: The steps involved in protecting the rights given under substantive law
4
Q
Roman Law
A
- laws emphasized equity (law today still emphasizes equity)
- very consistent (law today is still consistent)
5
Q
Feudalism
A
- William, Duke of Normandy (now France), invaded England in 1066
- as king of England, he introduced a system of government called feudalism
- he owned all land and divided among lords and nobles
-> by doing so, the lords became his servants, promising him loyalty and military service
6
Q
English Common Law
A
- innocent till proven guilty
- follows precedent (use of previous cases to prove innocence)
- jury presence
7
Q
BNA Act
A
- 1867
- outlined powers of government to make laws
- dominion of canada formed
- british privy council
- little control of our affairs
8
Q
Statute of Westminster
A
- 1931
- british statute
- gave canada control over its foreign affairs
9
Q
SCC
A
- 1949
- established and becomes canada’s highest court
10
Q
Constitution Act
A
- 1982
1. canada giving an amending formula (ability to change own constitution)
2. canadian charter of rights and freedom
11
Q
Criminal Law
A
- passed by parliament
- sets penalties
- criminal code
12
Q
Constitutional Law
A
- laws that set out the structure of the federal/provincial/municipal governments
13
Q
Administrative Law
A
- controls the relationship between citizens and government agencies
14
Q
Family Law
A
- deals with spouses/parents/children
15
Q
Contract Law
A
- outlines requirements for legally binding agreements
- breach of contract → broken legal agreement → injured party able to sue for damages
16
Q
Property Law
A
- with cash value
- rules that control use/enjoyment/rental of property
17
Q
Labour Law
A
- governs relationship between employer and employees
- minimum wage/pay equity/working conditions/worker’s compensation
18
Q
Wills and Estates
A
- deals with property and finances disbursement when people die
19
Q
R. v. Davis
A
- Marlene Davis was drunk at a bar. She got in a fight with her friend’s ex: Darrin Huculak.
- type of law: criminal law
- why was davis charged with assault with a weapon: beer mug was used as a weapon
- intent to injure: no intent to injure - marlene wanted to throw the beer at Huculak, not the mug
- factors judge took into a lesser charge: incident was accidental and davis was under the influence
