porpose + history Flashcards
rule vs law
rules measures where it’s still wrong to break but PUNISHMENTS ARENT AS SERIOUS
LAW ARE TO LINIT THE BEHAVIOR OF CITIZENS
what is law
set of rules established + enforced by gov.
mandatory | have detailed system of consequences
need for laws (5 functions)
establish rules of conduct | provide system of enforcement | protects rights + freedoms | protect society | resolve disputes
rules of conduct function
rules of conduct=guidelines of individuals living w other in society to reduce conflict
system of enforcement functions
laws to have meaning must be enforced -> police + courts oversee operations of laws
protect rights and freedoms function
encourage the values of tolerance and respect
protect society
criminal laws protect people from harm - society defines what’s wrong + set out punishments
resolve and disputes function
settle conflicts and do it fairly
why laws evolve and why having them written
societies grow and laws became more complex
plaintiff
starts lawsuit
defendant
being sued
laws in time line
codes=written collection of laws arranged to be used and understood
substantive law
outline your rights and obligations in society
procedural
processes involved in protection of our rights
public law
controls relationship of gov. and the people
private law
outlines right and responsibilities of private individuals and organizations
what is the code of hummurbia and mosaic law
H retribution for every crime there is a deserved punishment
M payback for harm done restitution
case law
written decision of judges
common law
law based on past legal decisions
precedent
example + authority in subsequent similar cases
appeal
referring case to higher court to reconsider decisions of lower courts
CanLII
Canadian legal information institute
R vs. ______
represents society
magna carta
evolution of rule of law = requires all to obey the law
king john abused power
habeas corpus
requires person to be brought to court to determine if they are being legally determined
parliament and statute
parliament passes laws known as STATUTES
full gaps + made new laws
common laws decision made by court codified by the parliament and became statute law
statute
law passed by a legislative body
rights have developed
western legal and moral thinker = human beings have the right to LIFE LIBERTY SECURITY
us revolution + french
after us broke from Britain = BILL OF RIGHTS • basis of freedom and civil rights
french= over thrown kings + church = guaranteed basic freedoms and became basis of future modern democracies
universal declaration
after ww11 = equal rights w/o discrimination
-> canadian bill of rights
amending formula
procedure to change (amend) canadas constitution
parliament can’t vote* • federal gov. needs 2/3s of provinces w 50% must agree
development of canadas constitution
(BNA + constitution act)
British north American act = dominion of Canada was the last link of keeping Canada from independency
Constitution act= constitution transferred to CAN. from Britain = process patriation
3 levels of gov
federal provincial municipal
federal gov
3 branches executive legislative judiciary
new law bill introduced by cabinet minister gov has majority passed
bill-> senate -> governor general -> royal assent = law
provincial gov.
same as Federal W/O SENATE -> 3 readings -> lieutenant governor for queen signature
municipal gov.
elected council vote + procedure vary
garbage regulations for collecting water services local police
laws are made 3 branches of gov.
intro= pass thro both senate and house of commons authorizes the print
second = principal of bill debated - committee hearing
report • house of C may change + voted on
3rd last opportunity for amendment- senate review - first read and redo
to be passed senate and house must pass a bill in identical form
negotiations
discuss problem to reach agreement
mediation
negotiation between disposing parties assisted by a neutral
arbitration
procedure dispute is submitted agreement of parties to 1+ arbitrators who make binding decisions
ADR
most common
mediation trained for helping people involved to come up w solutions
for cost or time
sometimes for backlog due to over crowding => injustice
