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Understanding Canadian Law--CLU3Ma > Introduction To Canadian Law > Flashcards

Introduction To Canadian Law Flashcards

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1
Q

LAW

A

Legal rule made by government that applies to all members of society

There are punishments for breaking laws

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2
Q

CANADA

A

A Democracy

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3
Q

RULE OF FORCE

A

Is when some people are considered above the law

Enforcement of law often involves brutal violence,

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4
Q

RULE OF LAW

A

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

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5
Q

WHY DO WE HAVE LAWS?

A

To keep order within a societiy

Laws create a clear understanding about expected behaviour

To enforce laws, society introduces punishments

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6
Q

5 FUNCTIONS OF LAW*

A
  1. Establish rules of conduct
  2. Provide a system of enforcement
  3. Protects rights and freedoms
  4. Protects society
    5.Resolve disputes
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7
Q

RULES VS LAWS

A

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

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8
Q

RULES

A

Can be changed easily

Do not need to be followed by everyone

apply to a certain group of people

Not enforced by the government

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9
Q

BILL

A

A proposed law; a draft form of an act or statute

A law waiting to be passed

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10
Q

SUBSTANTIVE LAW

A

The laws that outline your rights and obligations in society

Public & Public Law

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11
Q

PROCEDURAL LAW

A

The legal process involved with protecting our rights

outlines the STEPS involved in enforcing the law

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12
Q

SUBSTANTIVE LAW CAN BE SPLIT INTO 2 SECTORS OF LAW…

A

PRIVATE & PUBLIC LAW

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13
Q

PRIVATE LAW

A

Outlines the legal relationships between citizens and organizations

Family Law, Tort Law, Labour and employment law, property law

Contract law, personal injury;property law,

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14
Q

PUBLIC LAW

A

Controls the relationships between individuals and the governement or organizations

Criminal Law, Constitutional law, Administrative law

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15
Q

Public Law
CRIMINAL LAW

A

In the criminal code of conduct, there are a series of actions that are deemed unlawful and must be punished

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16
Q

Public Law
CONSTITUTIONAL LAW

A

Revolve around the Canadian Charter of Rights and Freedoms

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17
Q

Public Law
ADMINISTRATIVE LAW

A

Its the area of law concerned with government agencies

ex. Legal disputes over immigration

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18
Q

Private Law
FAMILY LAW

A

Contract law
Marriage, divorce, custody battles..

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19
Q

Private Law
TORT LAW

A

Personal Injury; property law

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20
Q

Private Law
LABOUR & EMPLOYMENT LAW

True or False

A

True

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21
Q

CASE LAW

England

A

Recorded within decisions of judges; also known as common law

1066, England

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22
Q

CIVIL LAW

A

A term for private law governing the relationships between individuals

Also a term for the legal system of Quebec

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23
Q

CODE OF HAMMURABI

A

One of the earliest records of written law. King Hammurabi of Babylon ( Iraq) had nearly 300 laws carved in stone

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24
Q

COMMON LAW

A

A system of law based on past legal decision

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25
Q

DEFENDANT

A

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

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26
Q

LOBBY

A

An attempt to influence government to benefit a particular group

someone who does this is a “lobbyist”

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27
Q

PLAINTIFF

A

The person sueing in a civil action

Cowles

28
Q

PROCEDURAL LAW

A

The legal process involved in protecting our rights

29
Q

RULE OF LAW

A

The fundamental principle that the law applies equal to all person

30
Q

STATUE

A

A law or act-passed by a government body, such as a parliament

Eg, Statute of Westminster, BNA act

31
Q

RESTITUTION

A

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

32
Q

PRECEDENT

A

A LEGAL DECISION THAT SERVES AS AN EXAMPLE AND AUTHORITY IN SUBSEQUENT SIMILAR CASES

Hierarchy

33
Q

FEUDAL LAW

A

one based on codes of honor and reciprocity.
1066, Normandy( France)

Kings introduced Case law, common law, precedents etc.

34
Q

CODE

A

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

35
Q

MAGNA CARTA

A

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

36
Q

RETRIBUTION

A

The act of taking revenge for wrong or criminal act

37
Q

FEUDAL SYSTEM

A

a system in which people were given land and protection by people of higher rank, and worked and fought for them in return.

38
Q

APPEAL

A

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

39
Q

SUPREME COURT OF CANADA

A

The highest court of appeal in Canada

40
Q

PRECEDENT

A

A legal decision that serves as an example and authority in subsequent similar cases

41
Q

CITATION

Case citations have different legal terms for different types of cases

A

Reference for for a legal code

42
Q

ARBITIARY

A

Random, unpredictable, without reasoning

43
Q

CIVIL RIGHTS

Think MLK4

A

Limit power that governments have over people

governments and people

44
Q

HUMAN RIGHTS

A

Protect citizens from unfair discrimination by others

45
Q

BILL OF RIGHTS

1960

John Difenbaker

A

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

46
Q

AMENDING FORMULA

Constitution Act 1982

A

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.

47
Q

AMENDMENT

A

To make changes to exisiting laws

an addition or alteration made to a constitution, statute, or legislative bill or resolution.

48
Q

CONSTITUTION ACT 1867

BNA Act

British North America Act

A

-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

…

49
Q

CONSTITUTION ACT 1982

Parliamnet, Ottawa, 1982

A

-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

50
Q

What does

PATRIATION

A

The transfer of a governmental power from a former mother country to a newly independent one

Eg. Patriation of Canada’s constittution in 1982

51
Q

MEMBER OF PARLIAMENT (MP)

A

Usually used to bescribe a politician that is a member of the House of Commons

Federal Government Assistance

52
Q

3 PARTS OF PARLIAMENT

A

(Monarch)
Governor General
Senate
House of Commons

The Governor General represents te Monarch

53
Q

LAW AT A FEDERAL LEVEL

Set forth in the Aonstitution Act 1867

A

-Criminal Law
-unemployment ensurance
-Marriage and divorce
-Peace and order and good government
-Aboriginal peples and their land

54
Q

LAW AT A PROVINCIAL LEVEL

Set forth in the Aonstitution Act 1867

A

-Property
-Civil Rights
-Highways and roads
-Hospitals
-Jails

55
Q

NEGOTIATION

A

Two parties communicate with each other until a decision is reached

56
Q

Arbitriation

A

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

57
Q

MEDIATION

A

A third party (mediator) listens to both parties and help them agree upon a decison

Most common used form of ADR

58
Q

3 BRANCHES OF GOVERNMENT

A
  1. Executive
  2. Legislative
  3. Judiciary
59
Q

HOW MANY RIDINGS IS CANADA DIVIDED INTO ?

A

338 ridings

60
Q

JURISDICTION

A

The authority to make laws

  • The government has jurisdiction to make laws
61
Q

CODE OF HAMMURABI

A

1750 BCE, BABYLON
-First set of written laws, 300 written in stone
-Punishment for stolen goods is death

62
Q

MOSIAC LAW

Moses

A

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

63
Q

Think Justice

JUSTINIAN CODE

A

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

64
Q

Think Napolean

NAPOLEONIC CODE

A

1804, FRANCE AND MOST OF EUROPE
-Named after Napolean
-The husband owes his wife protection

DOROMAC

65
Q

What are:

LEGAL RIGHTS

A

Legal rights are protected by the law and these rights are affected by everyone, meaning anyone can be punished if the rights are violated

66
Q

legislative
3 BRANCHES OF GOVERNMEMT

A

Federal
-parliament
Governor General (monarch)
-house of commons
- senate

Provincial
-provincial legislature
-lieutenant governor( monarch)
-Elected house

Understanding Canadian Law--CLU3Ma (6 decks)

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