Lg #4 Unit 1 Test

Question 1

Code of Hammurabi

Answer 1

•one of the earliest & most complete written legal codes✏️📃

•proclaimed by the sixth Babylonian king Hammurabi👑
Hammurabi had the laws carved in columns of stone

• the code deals with criminal and civil matters and was organized into several categories including:?family,criminal, labour, property, trade and business
• Retribution was a key principle of these laws, it was believed for every crime there should be equal punishment ex. Eye for an eye👁

Question 2

Code of Napoleon

Answer 2

• after the French Revolution, Napoleon the emperor at the time revised French law
• the new set of civil laws was called the Napoleonic Code or the French Civil Code
• it emphasized equity and justice for all, except it was exclusive in some aspects towards women and children
• because of Napoleons vast outreach and influence over other nations this new set of laws became a model for many European countries
• today it is the basis of law in many democratic countries and in Quebec civil law is still based on this code

Question 3

Justinian Code

Answer 3

• between 527-564 C.E the Byzantine emperor Justinian codified 1000 years of Roman laws creating the Justinian Code
• the code was a collection of past laws, opinions from Roman legal experts, and new laws enacted by Justinian
• these laws emphasized equity: that all laws are fair and just and that all people are equal under the law regardless of their status

Question 4

Statute of Westminster

Answer 4

• British law clarifying the powers of Canada’s parliament and those of the other commonwealth nations
• granted the colonies legal freedom except in the areas they chose to remain linked with Britain
• major step in securing Canada’s autonomy from Britain
• gave Canada control over its foreign affairs

Question 5

Bill of Rights

Answer 5

• a bill passed by prime minister John Diefenbaker in 1960
• this bill set down in legislation the civil rights and freedoms that Canadians already had under common law
• reminder of the importance of individual rights

Question 6

Charter of Rights and Freedoms

Answer 6

•considered to be the most important part of the Constitution Act, 1982, enacted by prime minister Pierre Trudeau
•lists the civil rights and freedoms of all Canadians
and guarantees them at every level of government
•constitutional law not statute law
•purpose of the charter is to limit the power of government
•charter lists the basic rights and freedoms of Canada, these are called fundamental freedoms
-freedom of conscience and religion
-freedom of thought,belief,opinion,expression
-freedom of peaceful assembly and association

Question 7

Universal Declaration of Human Rights

Answer 7

• after WW2 world leaders formed the United Nations
• they created a list of humans rights and freedoms for all people throughout the world
• this later became the Universal Declaration of Human Rights and was adopted by the UN in 1948
• was the first time nations globally signed a formal agreement on specific rights and freedoms for all humans

Question 8

BNA Act 1867

Answer 8

• the BNA act was Canada’s first constitution passed by British parliament on July 1st 1867
• with this act Canada became the dominion of Canada and it consisted of Ontario, Quebec, New Brunswick and Nova Scotia
• Canada was not yet a fully independent country as Britain still controlled its foreign affairs and the highest court of Canada was in Britain

Question 9

Constitution Act 1982

Answer 9

• Included the amending formula which changed Canada’s constitution
• With the creation and revision of this constitution Canada officially became an independent country

Question 10

Human Rights Commission

Answer 10

•is a body set up to protect,investigate and promote human rights

Question 11

Common Law

Answer 11

• is unwritten and based on customs and earlier court decisions
• started in England during feudal times
• basis of the North American legal system
• laws passed by the courts

Question 12

Statute Law

Answer 12

• are laws passed by parliament

* obvious laws

Question 13

Criminal Law

Public Law

Answer 13

•body of public law that declares acts to be crimes and prescribes punishment for those crimes

Public law also includes constitutional law and administrative law

Public law controls the relationships between governments and the people that live in society
Represents law that applies to all individuals

Question 14

Civil Law

Private Law

Answer 14

•private law governing the relationships between individuals
Civil law includes
•family law (relationships between individuals living together as spouses, divorce, custody, division of property)
•contract law(outlines the requirements for legally binding agreements, breach of contract)
•tort Law(wrongs that one person commits against another person, malpractice)
•property law(set of legal rules that controls the use, enjoyment and rental of property)
•labour law(governs the relationships between employers and employees, workers conditions,etc.

Question 15

Letter of the Law

Answer 15

•a position that holds that the law should be applied as it is written according to the literal meaning of the words being used

Question 16

Spirit of the Law

Answer 16

•believes that the recognized purposes and values underlying the law ought to be considered when deciding on what a rule means and what the legislation intended when they wrote it

Question 17

Popular Morality

Answer 17

•the Law should be determined by what most people in the community consider to be just

Question 18

Critical Morality

Answer 18

•should decide what the law is by determining what would be just given the most defensible view of the moral standards operating within the community

Question 19

Sociological Jurisprudence

Answer 19

•idea that legal decisions ought to be decided in light of realistic expectations about the effects of law on society

Question 20

Habeus Corpus

Answer 20

•a document that requires a person be brought to court to determine if he or she is legally detained; the right to this document as protection against unlawful detention
Means you must have the body

Question 21

Stare Decisis

Answer 21

•also know as a precedent
•a legal decision that serves as an example and authority in subsequent similar cases
Similar facts result in similar decisions

Question 22

Intra Vires

Answer 22

•Latin phrase meaning “within the powers” within the authority of the government to pass a law

Question 23

Ultra Vires

Answer 23

•Latin phrase meaning “beyond the power” beyond the authority of the government to pass a law regarding a specific topic and therefore of no effect

Question 24

Freedoms

Answer 24

The power to act, think, and speak freely

Question 25

Rights

Answer 25

That is just, morally correct and honourable

Question 26

Prejudice

Answer 26

•having a preconceived opinion of a person based on the persons belonging to a certain group

Question 27

Stereotype

Answer 27

•judging or forming an opinion of one person of a group and applying that judgement to all members of the group

Question 28

Constructive discrimination

Answer 28

Constructive discrimination. Sometimes a rule or practice unintentionally singles out a group of people and results in unequal treatment. This type of unintentional discrimination is called “constructive” or “adverse effect” discrimination. For example, an employer has a rule that male employees must be clean-shaven.

Question 29

Bona Fide

Answer 29

•a legitimate reasonable and necessary requirement of a job

Possible defence against unfair discrimination in hiring and other employment situations

Question 30

Sexual Harassment

Answer 30

•unwelcome actions or conduct toward another of sexual nature

Question 31

Work Place Harassment

Answer 31

Harassment that occurs in the workplace

Question 32

Reasonable Limits

Answer 32

•the Clause in the charter of rights stating that charter rights and freedoms are not absolute, so can be limited if there is justification