History of Law - True or False

Question 1

Code of Hammurabi

Answer 1

• “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

Question 2

Mosaic Law

Answer 2

• The law which God gave to the Israelites through Moses
• punishments were very severe

Question 3

Subtantive vs Procedural Law

Answer 3

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

Question 4

Roman Law

Answer 4

• laws emphasized equity (law today still emphasizes equity)
• very consistent (law today is still consistent)

Question 5

Feudalism

Answer 5

• 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

Question 6

English Common Law

Answer 6

• innocent till proven guilty
• follows precedent (use of previous cases to prove innocence)
• jury presence

Question 7

BNA Act

Answer 7

• 1867
• outlined powers of government to make laws
• dominion of canada formed
• british privy council
• little control of our affairs

Question 8

Statute of Westminster

Answer 8

• 1931
• british statute
• gave canada control over its foreign affairs

Question 9

SCC

Answer 9

• 1949
• established and becomes canada’s highest court

Question 10

Constitution Act

Answer 10

• 1982
  1. canada giving an amending formula (ability to change own constitution)
  2. canadian charter of rights and freedom

Question 11

Criminal Law

Answer 11

• passed by parliament
• sets penalties
• criminal code

Question 12

Constitutional Law

Answer 12

• laws that set out the structure of the federal/provincial/municipal governments

Question 13

Administrative Law

Answer 13

• controls the relationship between citizens and government agencies

Question 14

Family Law

Answer 14

• deals with spouses/parents/children

Question 15

Contract Law

Answer 15

• outlines requirements for legally binding agreements
• breach of contract → broken legal agreement → injured party able to sue for damages

Question 16

Property Law

Answer 16

• with cash value
• rules that control use/enjoyment/rental of property

Question 17

Labour Law

Answer 17

• governs relationship between employer and employees
• minimum wage/pay equity/working conditions/worker’s compensation

Question 18

Wills and Estates

Answer 18

• deals with property and finances disbursement when people die

Question 19

R. v. Davis

Answer 19

• 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