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Grade 11 Law > Introduction To Law > Flashcards

Introduction To Law Flashcards

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0
Q

What is regulation?

A

A prescribed rule enforced by an authoritative body

Eg. Environmental regulations monitored by the federal government

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1
Q

What is a rule?

A

Principle to which action conforms or is required to conform. Also the prevailing custom or standard of society

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2
Q

What is a law?

A

A rule enforced by society intended to punish those that break laws and protect society
Eg. Driving a car while intoxicated

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3
Q

What is the rule of law?

A

The law applies equally to everyone. In 1213 king john signed the Magna Carta at Runnymede in England. It established the ‘rule of law’ for everyone regardless of their position in society

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4
Q

When was the code of Hammurabi in effect?

A

In 1728 B.C.

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5
Q

What is the code of Hammurabi?

A
  • 300 laws written on stone pillars and displayed in public
  • oriented towards commerce and business
  • severe punishments
    i. e. If a person was found guilty of theft his/her hands would be cut off.
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6
Q

What is Mosaic Law?

A
  • described in detail in the Old Testament, in which Moses receives Ten Commandments from God on Mount Sinai
  • Moses was seen as a legislator and judge
  • emphasis on protecting the innocent
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7
Q

What is Greek Law?

A

First society to use the jury system. Initially jurors were very large (6000) but over time scaled down to 12 people

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8
Q

When did Roman law take place?

A

Around 450 B.C.

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9
Q

What was Roman Law?

A

-Law of the 12 tablets. They were written on a dozen bronze tablets

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10
Q

What is the Justinian code?

A

the Roman Emperor Justinian recognized written laws into more simple forms

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11
Q

When did the Napoleonic code take place?

A

In the late 1800s

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12
Q

What was the Napoleonic code?

A
  • Napoleon modified France’s laws which were base on Roman rule
  • foundation for civil (private) law in some countries; some parts of the Napoleonic code are use today in Quebec’s civil law
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13
Q

What is British law?

A

-British colonization of Canada resulted in the establishment of much of our legal system:
Common law: sometimes referred to as ‘case law’, it represents the decisions of judges in previous court cases
Statute Law: laws passed by Canada’s 3 levels of government

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14
Q

Explain the BNA Act

A

The BNA Act 1867 gave Canada’s parliament the right to pass laws but were subject to approval by Britain

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15
Q

Explain the Statute of Westminster

A

In 1931 British Parliament passed the Statute of Westminster, which enabled our parliament to approve and institute laws

16
Q

When did the code of Hammurabi take place and where?

A

1792-1750 BCE in Babylon. These laws are arranged and recoded on stone pillars in public. King Hammurabi created them.
Examples of laws: if anyone is committing a robbery and is caught, he shall be put to death.

17
Q

When did mosaic law take place? Where?

By who?

A

It was created 500 years after Hammurabi. It was started on mount Sinai when God gave Moses the Ten Commandments. They were recorded in the Bible in the Book of Exodus.
Examples of laws: thou shall not kill, thou shall not steal.

They are more concerned with punishment than justice

18
Q

When was Greek Law established? Where? Who were the key individuals and where was it recorded?

A

It was created in 400 BCE, in Athens, Greece by Athenian citizens (juries)
Example of law: Socrates charged with misleading Athenian youth with his ideas.

19
Q

When was Roman Law established? Where? Who were the key individuals and where was it recorded?

A

It was created in 450 BCE-305 CE, in the Roman Empire, Britain to Africa. The key individuals were a committee of 10 men, judges. They were recorded on Twelve Tablets (wood and bronze).
Laws: focused on more complex matters like what constitutes criminal behavior and how contracts should be regulated. There were public prosecution of crimes and victim compensation

20
Q

When was Justinian’s Code established? Where? Who were the key individuals and where was it recorded?

A

It took place after 395 CE (527-565) in Byzantine Empire/western Roman Empire. The key individuals were emperor Justinian I and ten men who clarified roman law. It was recorded in Justinian’s code-book of civil law.
Laws: laws governing personal relationships and criminal law. Some punishments could be monetary, prison or death

21
Q

When was Napoleonic Code established? Where? Who were the key individuals and where was it recorded?

A

It was created in 1789-1799 in France by Napoleon. It was recorded by the French Civil Code (1804). These laws regulated civil matters such as property, wills, contracts and family law.
“The husband owes protection to his wife, the wife obedience to her husband”

22
Q

What is the British influence?

A

English law evolved from roman law and Anglo-Saxon (kings).
The Anglo-Saxon period was uncertain and unfair because:
A)power held by the elite of society (ie earls held land and were hard to control)
B)kings and Nobel were above the law
C) justice was different depending on your position in society, dependent on the local sheriff or bishop who ran the courts.
-trial by ordeal
-trial by combat
-feudalism
-common law
Precedent law
-writ

23
Q

What is a writ?

A

A legal document which ordered a person named on it to go before the court for trial.
Also stated “cause for action” or the reason why the person was being summoned to court.

24
Q

What is precedent law?

A

Judges referred to earlier of preceding decisions of similar cases in order to resolve a present dispute

25
Q

What is common law?

A

King Henry sought to bring some consistency and fairness to the law and therefore, ordered ‘circuit judges’ to travel to villages to hold court and resolve local disputes. Judges decided that similar cases should be decided in the same way and recorded their decisions, making the information “common to all”

26
Q

Why is trial by ordeal?

A

If a person was subjected to a physically painful or dangerous test. God would intervene and thus determine the guilt or innocence of the person.
Example: trial by hot iron

Judge in trial by ordeal is god

27
Q

What is trial by combat?

A

Duel would be arranged between the disputing parties and it was believed god would help the innocent to victory and therefore decide the issue.
God was the judge.

28
Q

What is feudalism?

A

A system of landholding in which large landholders protected smaller ones (called vassals) in exchange for certain payments and services

Grade 11 Law (5 decks)

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