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Law12 > porpose + history > Flashcards

porpose + history Flashcards

1
Q

rule vs law

A

rules measures where it’s still wrong to break but PUNISHMENTS ARENT AS SERIOUS
LAW ARE TO LINIT THE BEHAVIOR OF CITIZENS

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2
Q

what is law

A

set of rules established + enforced by gov.
mandatory | have detailed system of consequences

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3
Q

need for laws (5 functions)

A

establish rules of conduct | provide system of enforcement | protects rights + freedoms | protect society | resolve disputes

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4
Q

rules of conduct function

A

rules of conduct=guidelines of individuals living w other in society to reduce conflict

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5
Q

system of enforcement functions

A

laws to have meaning must be enforced -> police + courts oversee operations of laws

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6
Q

protect rights and freedoms function

A

encourage the values of tolerance and respect

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7
Q

protect society

A

criminal laws protect people from harm - society defines what’s wrong + set out punishments

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8
Q

resolve and disputes function

A

settle conflicts and do it fairly

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9
Q

why laws evolve and why having them written

A

societies grow and laws became more complex

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10
Q

plaintiff

A

starts lawsuit

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11
Q

defendant

A

being sued

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12
Q

laws in time line

A

codes=written collection of laws arranged to be used and understood

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13
Q

substantive law

A

outline your rights and obligations in society

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14
Q

procedural

A

processes involved in protection of our rights

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15
Q

public law

A

controls relationship of gov. and the people

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16
Q

private law

A

outlines right and responsibilities of private individuals and organizations

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17
Q

what is the code of hummurbia and mosaic law

A

H retribution for every crime there is a deserved punishment
M payback for harm done restitution

18
Q

case law

A

written decision of judges

19
Q

common law

A

law based on past legal decisions

20
Q

precedent

A

example + authority in subsequent similar cases

21
Q

appeal

A

referring case to higher court to reconsider decisions of lower courts

22
Q

CanLII

A

Canadian legal information institute

23
Q

R vs. ______

A

represents society

24
Q

magna carta

A

evolution of rule of law = requires all to obey the law
king john abused power

25
Q

habeas corpus

A

requires person to be brought to court to determine if they are being legally determined

26
Q

parliament and statute

A

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

27
Q

statute

A

law passed by a legislative body

28
Q

rights have developed

A

western legal and moral thinker = human beings have the right to LIFE LIBERTY SECURITY

29
Q

us revolution + french

A

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

30
Q

universal declaration

A

after ww11 = equal rights w/o discrimination
-> canadian bill of rights

31
Q

amending formula

A

procedure to change (amend) canadas constitution
parliament can’t vote* • federal gov. needs 2/3s of provinces w 50% must agree

32
Q

development of canadas constitution
(BNA + constitution act)

A

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

33
Q

3 levels of gov

A

federal provincial municipal

34
Q

federal gov

A

3 branches executive legislative judiciary
new law bill introduced by cabinet minister gov has majority passed
bill-> senate -> governor general -> royal assent = law

35
Q

provincial gov.

A

same as Federal W/O SENATE -> 3 readings -> lieutenant governor for queen signature

36
Q

municipal gov.

A

elected council vote + procedure vary
garbage regulations for collecting water services local police

37
Q

laws are made 3 branches of gov.

A

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

38
Q

negotiations

A

discuss problem to reach agreement

39
Q

mediation

A

negotiation between disposing parties assisted by a neutral

40
Q

arbitration

A

procedure dispute is submitted agreement of parties to 1+ arbitrators who make binding decisions

41
Q

ADR

A

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

Law12 (1 decks)

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