Law Unit 1 Flashcards
Law
Rules and regulations the citizens in a country must follow
If broken, there will be penalties and punishment
Jurisprudence
Philosophy of Law, a legal system
Justice
Treatment of people impartially, fairly
Legal action to help victims
Morals
Behaviour and beliefs
What’s acceptable and not acceptable
Natural Law
Unchanging moral for everyone
Basic behaviour to follow
Provincial Law
Law(s) passed by legislature (province)
Rule of Law
Treated equally
Statute doesn’t matter
No one is above the law
What is Law?
People need them to know right from wrong, safeness no danger, they evolve with changing morals, LGBTQ marriages, punishment of law is broken
Rules of Law
Human rights for peoples safety, no discrimination, religion, labour laws safety, criminal law
Laws and Morals
They change a lot in Canada over the decades, reproductive technology and same sex marriages
Retribution
Punishment of the criminal
Restitution
Money that a victim gets for their loss of the case
Common law
Has precedents and case laws for higher courts
Flexible with changing society views
Precedent for judge to use
Rule of guides judges and courts to use in later cases
Citation
Label of a case, the names involved
Statute
Law that can be used in other cases
Saves time
Fed and Prov: ACT, CODE, STATUTE
Municipal: Zoning laws
Codification
Gathering rules and laws in a formerly code
Case report
Law reports used for future, sorted in groups, Family, Crime, Geographical
Substantive law
Have to follow
Most are statues, others are common law
Procedural law
Our rights and duties and how they are protected and enforced
Legal inspired from other groups
Mesopotamia: Law points
Roman law: Western got inspired, many people involved
France and England: Canada got inspired
Ancient Jew Law: lying under oath
Ancient Greece: Democracy
Justinian: Western got inspired Napoleon: French and Canada
Canadian Common Law
Rule of precedent is gradual process if statutes are used in future or No statute
Adversarial
For criminal Justice
The defendant and plaintiff present their cases
Criminal Law
A system of law for crimes committed
Crown attorney
Lawyers acting as prosecutors
Defendant
Accused person defending themselves
Defence council
Helping the defendant
Extra judicial sanctions
Volunteer work
Programs for criminals
Money for victims
Federal court
Power to review decisions, orders, commissions, tribunals
All over Canada
Provincial court
Power to deal with clinal matters
Not Murders by adults and Treason
Restorative justice
To repair the damage caused
Getting criminals to take responsibility
Verdict
Final decision of the case and trial
Function of the Courts, legislature, complex cases
Legislature are separate so the power is spread out, Peoples rights are protected and fair
If cases are not settles, then higher court gets involved
Appointment of Judges for Provincial Court
Unbiased for fair trial
Good reputation
Passion for Law
What happens in a courtroom and people
Judge: Says the law
Jury: Deliberates
Defendant
Plaintiff
Witnesses: Says testimonies
Lawyers
Courtroom personnel: Listen to judge
Sheriffs/Bailiffs: Security in the room
Alternatives in Court Plea Bargain
Shows cooperation
Less punishment
Saves time and money
UN General Assembly
Policy making part of the UN
Talks about international problems
UN Security Council
Maintains peace and security in the world
World Trade Organization
North America, Europe, China all trade the most, North is Industrial
Southern Countries are Agricultural
Contentious
Dispute between two or more parties
International Court for Justice
Legal disputes: treaties
Controversial cases: criminal, territory, racial discrimination
Extradition movement of criminals
Removal of a criminal to a different jurisdiction
Jurisdiction
Areas of laws
Different topics
Tribunal
Rwandan tribunal sentenced prisoners for war crimes
Brings more awareness to problems
Refugees and Canada History
Escaping or forced out your home country
Human rights disrespected
Danger
Canada helped a lot of people
Independent tribunal for refugees
Offers safety for refugees
War crimes
WWII
Genocide, killings of certain groups
UN human rights
The United Nations
Helps protect people
Human rights
Problems: Starvation, Poverty, Discrimination
The International Criminal Court
Hold perpetrators accountable
Helps prevent war crimes
