Introduction To Canadian Law Flashcards
LAW
Legal rule made by government that applies to all members of society
There are punishments for breaking laws
CANADA
A Democracy
RULE OF FORCE
Is when some people are considered above the law
Enforcement of law often involves brutal violence,
RULE OF LAW
The fundamental principle that the law applies equally to all person
The opposite of the rule of force, stands for individuals
No one is above the law
WHY DO WE HAVE LAWS?
To keep order within a societiy
Laws create a clear understanding about expected behaviour
To enforce laws, society introduces punishments
5 FUNCTIONS OF LAW*
- Establish rules of conduct
- Provide a system of enforcement
- Protects rights and freedoms
- Protects society
5.Resolve disputes
RULES VS LAWS
Laws refer to rules that are mandated and are to be followed by everyone in a society. For every law broken, there is a corresponding punishment
Rules do not apply to everybody and can be changed or manipulated easily
Rules are not enforced by the government
RULES
Can be changed easily
Do not need to be followed by everyone
apply to a certain group of people
Not enforced by the government
BILL
A proposed law; a draft form of an act or statute
A law waiting to be passed
SUBSTANTIVE LAW
The laws that outline your rights and obligations in society
Public & Public Law
PROCEDURAL LAW
The legal process involved with protecting our rights
outlines the STEPS involved in enforcing the law
SUBSTANTIVE LAW CAN BE SPLIT INTO 2 SECTORS OF LAW…
PRIVATE & PUBLIC LAW
PRIVATE LAW
Outlines the legal relationships between citizens and organizations
Family Law, Tort Law, Labour and employment law, property law
Contract law, personal injury;property law,
PUBLIC LAW
Controls the relationships between individuals and the governement or organizations
Criminal Law, Constitutional law, Administrative law
Public Law
CRIMINAL LAW
In the criminal code of conduct, there are a series of actions that are deemed unlawful and must be punished
Public Law
CONSTITUTIONAL LAW
Revolve around the Canadian Charter of Rights and Freedoms
Public Law
ADMINISTRATIVE LAW
Its the area of law concerned with government agencies
ex. Legal disputes over immigration
Private Law
FAMILY LAW
Contract law
Marriage, divorce, custody battles..
Private Law
TORT LAW
Personal Injury; property law
Private Law
LABOUR & EMPLOYMENT LAW
True or False
True
CASE LAW
England
Recorded within decisions of judges; also known as common law
1066, England
CIVIL LAW
A term for private law governing the relationships between individuals
Also a term for the legal system of Quebec
CODE OF HAMMURABI
One of the earliest records of written law. King Hammurabi of Babylon ( Iraq) had nearly 300 laws carved in stone
COMMON LAW
A system of law based on past legal decision
DEFENDANT
In civil law, the person who is being sued;
in criminal law, it is the person charged with an offence
Ferguson (the accused) in criminal case law
Balac ( person being sued) in a civil case
LOBBY
An attempt to influence government to benefit a particular group
someone who does this is a “lobbyist”
PLAINTIFF
The person sueing in a civil action
Cowles
PROCEDURAL LAW
The legal process involved in protecting our rights
RULE OF LAW
The fundamental principle that the law applies equal to all person
STATUE
A law or act-passed by a government body, such as a parliament
Eg, Statute of Westminster, BNA act
RESTITUTION
The restoration of something lost or stolen to its proper owner
Benefits– allows both criminals to determine what happens after a crime
Costs– People might have to pay, even if they werent guilty, loss of support
PRECEDENT
A LEGAL DECISION THAT SERVES AS AN EXAMPLE AND AUTHORITY IN SUBSEQUENT SIMILAR CASES
Hierarchy
FEUDAL LAW
one based on codes of honor and reciprocity.
1066, Normandy( France)
Kings introduced Case law, common law, precedents etc.
CODE
a system of words, letters, or signs used to represent a message in secret form, or a system of numbers, letters, or signals used to represent something in a shorter or more convenient form:
eg. code of conduct
provides staff with a clear outline of expected behaviour, and instructions on what is and isn’t considered good practices by the company
MAGNA CARTA
1215, England
Idea that all commoners have to follow the same rules
“Habeus Corpeus”
“Habeus Corpeus” means “produce the body” in latin or “show me the proof
RETRIBUTION
The act of taking revenge for wrong or criminal act
FEUDAL SYSTEM
a system in which people were given land and protection by people of higher rank, and worked and fought for them in return.
APPEAL
a formal disagreement with the decision of a judge or jury in a personal injury trial
To challange a case
The highest court of appeal is the Supreme Court of Canada
SUPREME COURT OF CANADA
The highest court of appeal in Canada
PRECEDENT
A legal decision that serves as an example and authority in subsequent similar cases
CITATION
Case citations have different legal terms for different types of cases
Reference for for a legal code
ARBITIARY
Random, unpredictable, without reasoning
CIVIL RIGHTS
Think MLK4
Limit power that governments have over people
governments and people
HUMAN RIGHTS
Protect citizens from unfair discrimination by others
BILL OF RIGHTS
1960
John Difenbaker
Formalized Canadians rights in the 1960s. Rights were not entrenched yet because canadians understood that they had legal rights that existed but wasnt written down
AMENDING FORMULA
Constitution Act 1982
In order to change constitutional law, the federal government and at least two-thirds of the provinces with 50 percent of the population must agree.
AMENDMENT
To make changes to exisiting laws
an addition or alteration made to a constitution, statute, or legislative bill or resolution.
CONSTITUTION ACT 1867
BNA Act
British North America Act
-Canada’s first constitution, and the foundation for many others
-Passed by Britiain** July 1st, 1867**
-Gave brith to the dominion of canada with 4 provinces
-Canada was not fully independent of Britian
- Federal Courts, the Tax Court, and the Supreme Court of Canada were established
…
CONSTITUTION ACT 1982
Parliamnet, Ottawa, 1982
-Developed by Pierre Trudeau
-It gave Canada full indepence over Britian; the first time our Country was one and united
-Introduced one of the most important part of the Constitution
-The Canadian Charter of Rights and Freedoms is born and it lists the civil rights and freedoms of all Canadians
-Queen Elizabeth signs royal proclaimation that completes the patrition of the constitution
Constitutional law
Can only be changed by the amending formula
What does
PATRIATION
The transfer of a governmental power from a former mother country to a newly independent one
Eg. Patriation of Canada’s constittution in 1982
MEMBER OF PARLIAMENT (MP)
Usually used to bescribe a politician that is a member of the House of Commons
Federal Government Assistance
3 PARTS OF PARLIAMENT
(Monarch)
Governor General
Senate
House of Commons
The Governor General represents te Monarch
LAW AT A FEDERAL LEVEL
Set forth in the Aonstitution Act 1867
-Criminal Law
-unemployment ensurance
-Marriage and divorce
-Peace and order and good government
-Aboriginal peples and their land
LAW AT A PROVINCIAL LEVEL
Set forth in the Aonstitution Act 1867
-Property
-Civil Rights
-Highways and roads
-Hospitals
-Jails
NEGOTIATION
Two parties communicate with each other until a decision is reached
Arbitriation
A third party (abritrator) listens to both parties and makes a binding decision
This decision is final and is to be respected by both parties
MEDIATION
A third party (mediator) listens to both parties and help them agree upon a decison
Most common used form of ADR
3 BRANCHES OF GOVERNMENT
- Executive
- Legislative
- Judiciary
HOW MANY RIDINGS IS CANADA DIVIDED INTO ?
338 ridings
JURISDICTION
The authority to make laws
- The government has jurisdiction to make laws
CODE OF HAMMURABI
1750 BCE, BABYLON
-First set of written laws, 300 written in stone
-Punishment for stolen goods is death
MOSIAC LAW
Moses
1240 BCE
-Laws Moses gave to the Hebrew people ( 10 commandments)
-Retribution; Restitution is introduced
-If you were found guilty of theft, you had to pay the victim back what was stolen
Think Justice
JUSTINIAN CODE
550 CE, Roman Empire
-Emperor Justinian codified 1000 years of Roman laws
-People are now equal under the law
-Robbery wasnt a crime
The word “Justice” is developed from Justinian
Women can own property
Think Napolean
NAPOLEONIC CODE
1804, FRANCE AND MOST OF EUROPE
-Named after Napolean
-The husband owes his wife protection
DOROMAC
What are:
LEGAL RIGHTS
Legal rights are protected by the law and these rights are affected by everyone, meaning anyone can be punished if the rights are violated
legislative
3 BRANCHES OF GOVERNMEMT
Federal
-parliament
Governor General (monarch)
-house of commons
- senate
Provincial
-provincial legislature
-lieutenant governor( monarch)
-Elected house
