Pages 5-20 Flashcards
Explain the significance of the code of hammurabi and Mosaic law:
The code of Hammurabi and mosaic law followed retribution: a deserved punishment for a wrong. Mosaic law also followed restitution, which is paying back the victim for the harm done to him
How did the English common law system develop?
The English common law system developed when judges in England’s feudal system began to decide cases in a similar which were recorded and became known as case law. As specific crimes has specific punishments these decisions became the basis for common law
How is the rule of precedent used in today’s system of law?
Earlier decisions on cases influence and guide judges as they reach a verdict and pass a sentence. Trial lawyers submit precedents in hops to persuade judges
What is meant by rule of law?
The rule of law is a fundamental principle that the law applies equally to all persons.
Explain the significance of statue law as a source of law:
Case law could not address every legal situation, so parliament made new written laws (statutes) to help fill the gaps.
What is the right to habeas corpus
Anyone who is imprisoned has the right to appear before the court in a reasonable amount of time
What is a law?
A law is a rule enforced by the government
Distinguish between laws and rules:
Rules are needed to maintain order, for example rules in a sport; however the consequences of Not following rules are generally less severe than laws and laws are enforced by the government
What are the 5 functions of law?
1: establish rules of conduct: laws try to establish guidelines for individuals in society to reduce conflict.
2: provide a system of enforcement: for laws to be followed they must be enforced.
3: protect rights and freedoms
4: Protect society: criminal laws are designed to protect people from harm. Civil laws protect you from harm or being taken advantage (labour and occupation safety laws).
5: resolve disputes:
To ensure disagreements are solved fairly, either through negotiations or in court.
What factors might cause laws to change?
Changes in the beliefs of a society.
What is substantive law?
Substantive law: the laws that outline your rights and obligations in society
What is procedural law?
Procedural law are the legal processes involved in protecting our rights. For example, police must go through formal steps to get a search warrant.
What is public law?
Public law controls the relationship between the government and people. Some examples are criminal law, administrative, and constitutional.
What is private law?
Private law outlines the legal relationship between citizens and organizations.
What law regulates government boards and agencies?
Administrative law.
What law protects your rights and freedoms?
Constitutional law
What areas of law are considered part of private law?
Tort law - holds one responsible for wrongs against another, family law, contract law, property law, labour and employment law.
What lists the activities which are crimes in Canada?
The criminal code
What’s another name for private law?
Civil law
what is a plaintiff?
The person suing in a civil action
What is a defendant?
The person charged with an offense in civil law
What is tort law?
The area of law which deals with damage cause by an individual or organization
What is family law?
The area of law which regulates aspects of family life
What is contract law?
Contract law outlines the requirements for legally binding agreements and remedies if an agreement is broken
