Law Unit 1 Test Flashcards
- Why are morals and ethics important to Canadian law?
Morals and ethics are important to Canadian law because ethics explores the principles of right conduct which is morals, and laws can reflect a moral value in society. Essentially, laws and how they change happen because of people’s moral values.
- Why do we need laws?
We need laws because they: organize society to provide peace and good order and provide predictability and structure for safe and peaceful environments. Essentially, laws create Safety and Security.
- Why was Hammurabi’s Code so important to the development of laws?
Hammurabi’s code was so important to the development of laws because it introduced the ideas of restitution (compensation) and retribution (punishment) which impacted Canadian laws. Also, he was one of the first to codify his laws - written down on a rock in a code.
- What is Mosaic Law?
Mosaic Law came from the idea that God talked to Moses. It included things like harsher punishments for deliberate acts of harm, punishment, and protection of people and property, and the belief that nobody is above the law. E.g. Basic laws like “Thou shall not kill,” and “Thou shall not steal” (or you would pay back 4 times what you stole). Also, the 10 Commandments.
- Where did Democracy come from? And what important legal factors do we still use from this country?
Democracy came from the city-state of Athens. We still use legal factors such as lawyers, voting/elections, majority rule, jury systems, governments, and family law/divorce laws because of Greece.
- Where did the idea of Codification come from?
The idea of Codification came from the Romans (12 tables) and Hammurabi (Babylons).
- What country’s law is Canada’s legal system mostly based on?
Canada’s legal system is mostly based on Britain’s. We got the Parliamentary system, the “Rule of Law”, trial by combat, oath taking, common law, and habeas corpus (right to a trial) from Britain.
- What is the difference between Common law and Statute law?
The difference between Common law and Statute law is that Common law is mostly based on precedents made by judges (the judges make the law) while Statute law is based on government officials’ decisions that may reflect the citizen’s opinions. Statue law can also override common law.
So, Judges make common law - predictable, what we do every day.
Government reps make statute law - more control as citizens because we elect government officials into power.
Constitutional law is the most important - made by the government but decided on by judges and the Supreme court strikes down laws that go against the constitution.
- What does “Stare Decisis” mean?
Stare Decisis means to stand by the decision as in precedents made by past judges and use those precedents as Common law.
- Why was the “Magna Carta so important?
The Magna Carta was so important because it is the basis of Canadian law, it’s the reason we have the rule of law, habeas corpus (right to a trial), and Common law.
- What is the highest law of the land in Canada?
The highest law of the land in Canada is Constitutional law it has the power to override both Statute law and Common law, it’s made by the government but decided on by judges. Any laws can be struck down by the Supreme court if they go against the constitution.
- What is the difference between Private and Public law?
Private law involves cases that are Person vs Person while Public law involves cases that are Person vs State. Also, the Federal government makes Public law while the Provincial government makes Private law.
- Give the 6 types of Private Law.
Tort law, Contract law, Family law, Wills & Estates law, Property law, Employment/Labour law.
- What does “Ultra Vires” mean? Intra Vires?
Ultra vires mean outside the power of a government, like how provincial governments can’t enact gun laws or how the federal government can’t control a province’s education system. Intra vires mean inside the power of a government like how the federal government can control matters with Indigenous people and how the provincial government can control their police forces.
- What year did Canada repatriate the constitution?
Canada repatriated the constitution in 1982 because of Pierre Elliot Trudeau.
- What is an amending formula?
A set of requirements that are needed to change the constitution.
- What are the 3 parts of the “Rule of Law”?
- Everyone must accept that the law is necessary, no one is above the law
- The law applies equally to everyone
- No one takes our rights away except in accordance with the law (ex. War Measures Act)
- How many levels of government are there in Canada? Name them all.
There are 3 levels of government: Municipal, Provincial, and Federal.
- How would you write up a criminal citation if the offender’s name is Richards?
You would write R. v. Richards.
- How would you write up a civil case where the defendant’s name is Davis and the plaintiff’s name is Scott?
You would write Scott v. Davis.
- What are “Residual Powers’’?
Residual Powers are powers that are not defined in the constitution but always go under the federal government’s control. They may not have been known at the time the constitution was written but still are controlled federally e.g. the Internet.
Rule of Law:
The rule of law is the idea that in order to function smoothly and fairly, all members of a given society agree to abide by a common set of rules, called ‘the law.’
- Everyone must accept that the law is necessary, no one is above the law
- The law applies equally to everyone
- No one takes our rights away except in accordance with the law (ex. War Measures Act)
Important to Canadian law because it’s the basis of it.
Restitution:
Compensation, you will be compensated if someone commits a crime against you. E.g. If someone steals from you they have to give it back or serve jail time. Important to Canadian law because it is the reason why people use the justice system, they get justice when someone does them wrong.
Unitary System:
A kind of government system in which a single power, which is known as the central government, controls the whole government, like in Britian. This is important to Canadian law because the reason we don’t have a Unitary system is that Canada was too large of a country for it.
Retribution:
Punishment, you will be punished for committing a crime. E.g money, jail sentence (time). Important to Canadian law because it’s the basis of why people don’t commit crimes.
Plaintiff:
A person who brings a case against another in a court of law. (ComPLAINer). Important to Canadian law because we have them.
Intra Vires:
“Within the power” - Something within a government’s jurisdiction. Important to Canadian law because it dictates what a provincial government controls in comparison to what the federal government controls.
Trial by Combat:
Formerly involved in actual combat! Today it is done through lawyers who “act out battles” by arguing on behalf of their clients in court. Important to Canadian law because we have it in our courts today.
Divine Right:
The way Monarchs first went into power and received their authority, they believed they derived their right to rule directly from the will of God.
