Quiz 1 Flashcards
What is the significance of and need for law in society?
We have laws to limit the behavior of citizens and without them, there would be chaos. Laws can also protect us from harm and they provide a way for us to settle disputes.
What are the 5 Functions of Law + Description?
1) Establish Rules of Conduct - The laws establish guidelines that individuals should follow in order to prevent conflict
2) Provide a System of Enforcement - The laws have to be enforced usually by police or courts in order to have meaning.
3) Protect Rights and Freedoms - Laws protect our rights and freedoms from being violated by others or the government.
4) Protect Society - Laws are meant to protect people from harm by defining what is wrong or right.
5) Resolve Disputes - An important part of the law is to settle disputes. This usually happens through negotiations and in court to resolve disputes fairly.
Difference between Laws and Rules?
Laws are made by the government and affect everyone, while rules affect only certain groups and are created by specific groups. Laws have stricter consequences and are mandatory while rules have milder consequences.
Difference between Laws and Justice?
Law is the system of rules we follow, while Justice is the idea of fairness that laws aim to achieve.
Relationship between law, morals, and justice?
Law is the formal set of rules that governs society. Morals are personal or societal beliefs about right and wrong. Justice is the goal of fairness that the law aims to achieve, often informed by moral principles.
Difference between Public Law( Criminal Law ) and Private ( Civil Law )?
Public Law controls the relationship between governments and the people while Private Law is the legal relationship between private citizens and between citizens and organizations.
What are the 3 types of public law?
Criminal Law: outlines offenses against society and their punishments.
Constitutional Law: outlines the structure and powers of governments.
Administrative Law: outlines the relationship between citizens and government agencies.
What are the 5 types of private law (Civil Law)?
Tort Law: a person is held responsible for damage caused to another; “tort” is Latin for “a wrong”.
Family Law: deals with the various relationships of family life (e.g. marriage)
Contract Law: outlines requirements for legally binding agreements.
Property Law: outlines relationship between individuals and property.
Labour Law: outlines relationship between employers and employees.
Difference between Substantive and Procedural Law - give examples ( types of laws )
Substantive Law outlines what you can and can’t do (obligations) while Procedural Law is the steps involved or how the legal process works
Substantive Law examples = Criminal Law & Contract Law
Procedural Law examples = Criminal Procedure & Civil Procedure
What are the key elements in the timeline of early legal history and how did these early law codes influenced the Canadian legal system?
In ancient societies, local customs and beliefs made up the law. Customs were not written down and instead were passed on by word of mouth. As populations increased, laws became more complex and codification became necessary. Also, rule of law, precedents, common law, and civil law were also influenced by this.
Code of Hammurabi, c. 1750 BCE:
Mosaic Law, c. 1240 BCE:
Justinian Code, c. 550 CE
Magna Carta, 1215:
Napoleonic Code, 1804:
Describe some key factors of the Code of Hammurabi?
Was one of the earliest Law Codes discovered and it was written down on bronze pillars that outlined the rights and responsibilities of its citizens . No regard if the criminal act was an accident or intentional
Punishments were often very harsh - Death penalty
“ An Eye for an Eye !”
Distinguish between Retribution, Deterrence, and Restitution?
Retribution is the idea that punishment should be proportional to the crime committed, often summarized by the phrase “an eye for an eye.” (Revenge)
Deterrence aims to prevent future crimes by discouraging both the offender and others from committing similar acts by creating harsh punishments.
Restitution involves the offender compensating the victim or society for the harm caused by the crime. It focuses on repairing the damage, often through financial payment or the return of stolen goods.
Describe the key influences from Mosaic law?
Based on the 10 Commandments ( The Torah )
Still a very harsh Law Code in terms of punishments. It Does differentiate if the act is an accident or intentional (intent meant harsher punishment)
What is a jury system, and how it evolved?
Greek Law developed the Jury System in the City state of Athens (usually a Jury had hundreds of people in a public trial). A group of typically 6 to 12 citizens (depending on the jurisdiction) who are impartial and represent the community. Jurors listen to the evidence, assess the facts, and decide the outcome of a trial based on the judge’s instructions on the applicable law.
Describe the influences of early Roman law (Twelve Tables, lawyers, Justinian’s Code - importance of the Codification Process , Adversarial System - Crown vs. Defence
Byzantine Emperor Justinian codified 1000 years of Roman laws. First legal code that emphasized equality under the law. Twelve Tables were one of the first attempts to codify Roman Law. They also developed the legal profession known as lawyers. Justinian’s Code was one of the most important codifications of law in history. Adversarial system is a legal system where two opposing parties present their cases to an impartial judge or jury (Crown = Prosecuter and other is the Defense)
How did early Britians in the early Middle Ages developed the Common Law system?
They wrote down their rulings. Future judges used these past rulings, called precedents, to make decisions in similar cases. This practice of relying on earlier decisions became the basis of case law. Rule of Law means that everyone, including the king, must follow the law which was important in Common Law.
Was trial by ordeal, trial by combat, and trial by oath-helping to determine the outcome of legal cases fair/equal?
These different types of trials were not fair because it usually had a lack of evidence, were based on superstitions, or who had more influence or who was physically stronger.
Describe how a system of feudal government and feudal law operate?
Feudal Government: A hierarchical system where the king granted land to lords in exchange for loyalty and military service. Lords governed their own lands and had authority over knights and peasants.
Feudal Law: Based on local customs and manorial courts, it was centered around land ownership and the relationship between lords and vassals. Justice was often biased toward the lords, and legal systems varied across regions.
(This laid the work for case law by having Lords influence others due to their personal rulings)
What is Codification?
Legal decisions that are written down by Judges as a result we achieve more consistent sentencing and punishments
Case Citations : Regina ( Rex ) v. Jones (What type of law and who is the prosecutor)?
The Crown (Rex) versus the accused party (Jones) example of Public Law
Case Citations: Smith v. Mcdonald’s Restaurants (What type of law and who is the prosecutor)?
Plaintiff (Smith) vs. Defendant (Mcdonald’s) example of Civil Law
How did the legal outcome affect the future in Regina vs Oakes?
It created the Oakes Test which is a legal test used in Canada to determine if a law that limits a right or freedom (like freedom of expression) can be justified under the Canadian Charter of Rights and Freedoms.
What are the 4 sources of Law in Canada?
Case Law - Judge made laws and rulings ( Codification process )
Statute Law - Government made Laws / Act
Constitutional Law
Indigenous Law
True or False is British Common Law Tradition is always evolving over time
True, it’s always evolving
