Law Units 1 and 2 Flashcards
The code of Hammurabi
One of earliest known sets of recorded laws (codified), written by King Hammurabi of Babylon
-it had almost 300 laws governing the daily lives of Babylonians
Retribution
Justice based on vengeance and punishment
-an eye for an eye
Restitution
payment made by the offender to the victim of a crime
Mosaic Law
laws given to Moses to guide the Hebrew law, and recorded in Bible
-written 450 years after the death of Hammurabi
-was concerned with punishing a deliberate action than an accident
Greek law
-The first form of democracy
-citizen involvement was important like voting and jury duty
-Jury system can be traced back to Athens in 400 BCE
Roman Law
2 Principles
-the law must be recorded and justice could not be left to judges alone
-the practice of having an advisor who specializes in the law first became prevalent during Roman times
Justinians Code
the clarification and organization of Roman law commissioned by Justinian I
-important for today
France and Napoleonic Code
the civil law of France completed in 1804
-regulated civil matters such as property, wills, contracts and family law
Trial by ordeal
Requiring a person to undergo torture to determine guilt or innocence.
-cons: did not actually determine if someone was innocent or guilty
Trial by Oath Helping
Requiring friends of the accused to swear on the bible that he or she is innocent
-cons: one could lie
use today: witnesses
Trial by Combat
Determining guilt or innocence by having the parties fight in a duel
cons: the weaker party would lose even if they are innocent
use today: the Adversarial system - The judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury.
The feudal system
Divine right: The concept that monarchs and their successors derived their power to rule from God and were accountable only to God
use today: led to the creation of British and Canadian law
Assizes and circuit judges
assizes: travelling courts
circuit judges: judges of travelling courts
Judges who were impartial and would travel to villages and towns to give sentences.
Common Law
Case law:
A method of deciding cases based on recorded decisions of similar cases
Common law:
Law that developed in English courts, relies on case law, and is common to all people
Stare decisis:
A Latin phrase meaning “to stand by the decision”
Rule of precedent:
Applying a previous decision to a case that has similar circumstances
-is what we base out current legal system on
Magna Carta
A charter of political and civil rights signed in 1215 at Runnymede in England
The first step in establishing individual basic rights for the people of England.
Limited the power of the king so that even he could not be above the law
Habeas Corpus
Habeas corpus:
A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time.
Helped to equalize and time the law process. For example some detained without reason are entitled to a court appearance in a reasonable amount of time, someone who was unlawfully imprisoned should be released.
-entrenched in the Canadian Charter of Rights and Freedoms
Indigenous Law
Great Binding Law:
The constitution of the Iroquois Confederacy.
A rule of governing passed down through generations which was based on oral traditions and myths. Five aboriginal nations came together to form the Iroquois. Was eventually recorded in the great binding law
Christian influences on law
Quebec Civil Code:
The system of law used in Quebec for resolving private matters
Based on the Napoleonic or French civil code.
5 functions of law in Canada
- Maintain public safety
-protect out rights and freedoms
-resolve disputes
-regulate society
-ensure a just and peaceful environment
English Common law
law that originates from decision made by judges in previous cases
Distinguishing a case
identifying a case as being sufficiently different from previous cases as to warrant a different decision
Statute law and jurisdiction
a law or act passed by the government
the political or legal authority to pass and enforce laws
Constitutional law
body of law dealing with the distribution and exercise of government powers
International law
Lea that governs relation between independent nations
Domestic law
law that governs activity within a nation’s borders
Substantive law
law that defines the rights, duties, and obligations of citizens and government
Procedural law
law that prescribes the methods of enforcing the rights and obligations of substantive law
Public Law and Civil law
P: law related to the relationships between the individual and the state
C: law governing the relationships between individuals and organizations
Executive branch
the administrative branch of government responsible for carrying out the government’s plans and policies
federal level: PM and members of the cabinet
Provincial: Premier and their cabinet
Legislative branch
the branch of government that has the power to make, change, and repeal laws
Elected MP’s who sit in the House of Commons and senators who sit in the senate.
Judiciary
the branch of government responsible for presiding over Canada’s court system
the Supreme Court for example
Federal system
a two level system of government
Canadas Constitution
statute of Westminster: legislation passed in Britain that extended Canada’s law making powers
civil libertiesL basic individual rights protected by law
Fundamental Freedoms
Freedom of Conscience and Religion
Freedom of Thought and Expression
Freedom of Peaceful Assembly and Association
Charter Rights
The Oakes test
The test to determine if the purpose of the law is demonstrably justifiable in a free and democratic society
The notwithstanding clause
allows Parliament or provincial legislatures to temporarily override certain Charter rights (sections 2 and 7-15) for a renewable five-year period.
The Ontario human rights code
prohibits discrimination based on age, ancestry, colour, religion, disability, ethnic origin, family status, gender expression, marital status, race, sec, record of offences ext.
Administering Human rights Legislation
filing a complaint:
complainant- the person making complaint
prima facie: legally convincing unless disproved
gravamen: the grievance
respondent: the person or organization that the complainant alleges to have discriminated against
