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Law 12 > Pages 5-20 > Flashcards

Pages 5-20 Flashcards

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1
Q

Explain the significance of the code of hammurabi and Mosaic law:

A

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

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2
Q

How did the English common law system develop?

A

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

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3
Q

How is the rule of precedent used in today’s system of law?

A

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

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4
Q

What is meant by rule of law?

A

The rule of law is a fundamental principle that the law applies equally to all persons.

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5
Q

Explain the significance of statue law as a source of law:

A

Case law could not address every legal situation, so parliament made new written laws (statutes) to help fill the gaps.

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6
Q

What is the right to habeas corpus

A

Anyone who is imprisoned has the right to appear before the court in a reasonable amount of time

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7
Q

What is a law?

A

A law is a rule enforced by the government

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8
Q

Distinguish between laws and rules:

A

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

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9
Q

What are the 5 functions of law?

A

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.

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10
Q

What factors might cause laws to change?

A

Changes in the beliefs of a society.

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11
Q

What is substantive law?

A

Substantive law: the laws that outline your rights and obligations in society

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12
Q

What is procedural law?

A

Procedural law are the legal processes involved in protecting our rights. For example, police must go through formal steps to get a search warrant.

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13
Q

What is public law?

A

Public law controls the relationship between the government and people. Some examples are criminal law, administrative, and constitutional.

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14
Q

What is private law?

A

Private law outlines the legal relationship between citizens and organizations.

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15
Q

What law regulates government boards and agencies?

A

Administrative law.

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16
Q

What law protects your rights and freedoms?

A

Constitutional law

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17
Q

What areas of law are considered part of private law?

A

Tort law - holds one responsible for wrongs against another, family law, contract law, property law, labour and employment law.

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18
Q

What lists the activities which are crimes in Canada?

A

The criminal code

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19
Q

What’s another name for private law?

A

Civil law

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20
Q

what is a plaintiff?

A

The person suing in a civil action

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21
Q

What is a defendant?

A

The person charged with an offense in civil law

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22
Q

What is tort law?

A

The area of law which deals with damage cause by an individual or organization

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23
Q

What is family law?

A

The area of law which regulates aspects of family life

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24
Q

What is contract law?

A

Contract law outlines the requirements for legally binding agreements and remedies if an agreement is broken

25
Q

What is property law?

A

Property law outlines the rights, responsibilities of owning, acquiring and maintaining property.

26
Q

What is codification

A

The process of assembling a system of laws into a body of statutes

27
Q

Case law?

A

Recorded, written decisions of judges. Also known as common law.

28
Q

Describe appeal

A

To appeal is to refer a case to a higher court to reconsider the Lower courts decision.

29
Q

What is the Justinian code?

A

1000 years of Roman laws codified

30
Q

What is the Magna Carta

A

The Magna Carta (grand charter) was a document English nobility forced king John to sign in 1215

31
Q

A revised set of civil laws for all French people

A

The Napoleonic code

32
Q

What is patriation?

A

The process of bringing legislation back under legal authority of the country of which it applies to

33
Q

What is the amending formula?

A

The procedure to change Canada’s constitution. (2/3rds provides/7, 50% of ppl

34
Q

What is jurisdiction?

A

Authority to do something such as make laws

35
Q

What was the BNA renamed to?

A

The constitution act, 1867

36
Q

What are the 3 branches of government is Canada?

A

Executive, legislative and judiciary

37
Q

What is an MP?

A

An elected representative of a electoral district

38
Q

What is the lieutenant governor?

A

He represents the monarch at a provincial level

39
Q

What are 3 examples of federal government powers (section 91)?

A

Unemployment insurance, banking current coinage, criminal law,

40
Q

What does the legislative branch of government consist of?

A

House of Commons and senate

41
Q

How many readings are there of bill in hc and senate?

A

3 each

42
Q

Following WW2 the United Nations created the ____

A

Universal declaration of human rights

43
Q

How is the passing of provincial laws different than federal?

A

They are passed similarly however they don’t have senates. After three reading they go to the lieutenant-governor for a final signature

44
Q

Which type of law outlines the structure and powers of federal and provincial governments?

A

Constitutional

45
Q

When was the feudal system created and by whom?

A

1066, duke of Normandy

46
Q

In Latina Rex means

A

King

47
Q

What 3 characteristics make laws different than rules:

A

1: laws are a set of rules established and enforced by the government
2: laws are mandatory
3: laws have a detailed system of consequences

48
Q

Lobby:

A

Attempt to influence the government to benefit a particular group or organization

49
Q

Why does society need laws?

A

To limit the behaviour of its citizens

50
Q

What is the highest court?

A

The Supreme Court of Canada

51
Q

What’s a citation?

A

The reference to a legal case

52
Q

What does Magna Carta mean?

A

It’s actually great charter not grand

53
Q

What introduced habeas corpus?

A

The Magna Carta

54
Q

What law is unwritten and based on earlier court decision?

A

Common law

55
Q

What prime minister passed the bill of rights?

A

John diefenbaker, the first German prime minister in Canada passed the Canadian bill of rights in 1960.

56
Q

What shift in beliefs of Canada’s law system shifted after ww2

A

Many Canadians believed rights needed written down; however the majority of mp’s in 1945 disagreed

57
Q

Where did the Canadian bill of rights apply?

A

Federally

58
Q

What is the most important aspect of Canada’s 1982 constitution act

A

The Canadian charter of rights and freedoms, which guarantees rights and freedoms at every level of government and is constitutional law.

59
Q

Could Canada amend their a BNA act in 1940

A

No, they needed to ask Britain until Canada finally agreed on the formula to amend the constitution. (1982 they got legislation under their legal authority)

Law 12 (1 decks)

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