Terms Flashcards

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1
Q

What is a rule?

A

a group of rules or guidelines that regulate behavior within a specific field or activity

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2
Q

What is a law?

A

the system of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties.

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3
Q

What is the constitution?

A

a set of laws containing the basic rules about how our country operates. it states the powers of the federal, and provincial and territorial governments in Canada.

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4
Q

Legislative branch

A

Parliament is Canada’s legislature, the federal institution with the power to make laws, to raise taxes, and to authorize government spending.

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5
Q

Common law

A
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6
Q

Statue Law

A

The Statutes of Canada are its own legal code. They are the federal legal code of Canada that contains the federal laws and statutes enacted by the Parliament of Canada, and are enacted into their own unified code.

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7
Q

Trial by water

A

the accused would be tied, thrown into a river, and found innocent if she sank, guilty if she floated.

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8
Q

Adversarial system

A
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9
Q

International law

A
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10
Q

Procedural law

A
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11
Q

Administrative law

A
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12
Q

contract law

A
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13
Q

Property law

A
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14
Q

Justinian Code

A

served its purpose of bringing law and order back to the empire. It consisted of the various sets of laws and legal interpretations collected and codified by scholars under the direction of Byzantine Emperor Justinian I.

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15
Q

Role of judges

A

interpret and apply the laws of Canada. The provincial government appoints judges in the Provincial Court. The federal government appoints Supreme Court and Court of Appeal judges.

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16
Q

magna carta

A

The Magna Carta, or Great Charter, was created in 1215. It was the first document in English jurisprudence to state the monarch was not above the law and it became the basis for freedom, democracy and rule of law in the United Kingdom and the Commonwealth, including Canada.

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17
Q

Code of hammurabi

A

a collection of 282 rules, established standards for commercial interactions and set fines and punishments to meet the requirements of justice. Hammurabi’s Code was carved onto a massive, finger-shaped black stone stele (pillar) that was looted by invaders and finally rediscovered in 1901.

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18
Q

Policing in Canada

A
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19
Q

Judicial Branch

A

represented by the courts and has the function of resolving conflicts related to laws.

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20
Q

Feudalism

A
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21
Q

Trial by oath helping

A

evidence of good character for the purpose of bolstering the credibility of a party’s own witness is inadmissible.

22
Q

Habeas Corpus

A

a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person’s release unless lawful grounds are shown for their detention.

23
Q

Domestic law

A
24
Q

Public/Private law

A
25
Q

Criminal law

A
26
Q

Family law

A
27
Q

Employment law

A
28
Q

Napoleonic code

A

made the authority of men over their families stronger, deprived women of any individual rights, and reduced the rights of illegitimate children. All male citizens were also granted equal rights under the law and the right to religious dissent, but colonial slavery was reintroduced.

29
Q

Reading case citations

A
30
Q

Rule of law

A

Rule of law is a principle under which all persons, institutions, and entities are accountable to laws that are: Publicly promulgated. Equally enforced. Independently adjudicated. And consistent with international human rights principles.

31
Q

Mosaic law

A

the law, which God gave to the Israelites through Moses, according to the Old Testament.

32
Q

Executive law

A
33
Q

Section 91

A
34
Q

Section 92

A
35
Q

Section 93

A

exclusive jurisdiction over education to the provinces, with certain guarantees for separate and denominational schools.

36
Q

Trial by comabt

A

a trial of a dispute formerly determined by the outcome of a personal battle or combat between the parties or in an issue joined upon a writ of right between their champions.

37
Q

Case law/ precedents

A
38
Q

substantive law

A
39
Q

constitutional law

A
40
Q

tort law

A
41
Q

will and estate law

A
42
Q

courts system in Canada

A
43
Q

levels of police

A
44
Q

How does a Bill become a Law

A

-First Reading: Introducing the Bill (introduced to parliament)
-Second Reading: Debating the Idea During second reading, parliamentarians debate the principle (or main idea) of the bill.
-Committee Stage: Discussion and Hearing Witnesses
-Report Stage: Back to the Chamber
At the report stage, the bill is returned to the chamber where it was introduced and debated again, including any changes proposed by the committee.
-Third Reading: Debate and Vote
During third reading, parliamentarians debate the final form of the bill and vote to decide if it should be sent to the other chamber.
-Sent to the Other Chamber
Most bills begin in the House of Commons and are sent to the Senate for review.
-Royal Assent: Becoming a Law
In Canada’s constitutional monarchy, bills require the assent of the Monarch to become a law. Once both the Senate and the House of Commons have passed a bill in identical form, in both official languages, the bill is given to the Governor General for Royal Assent

45
Q

What are the branches of government? What does each branch do?

A

executive branch - passes laws
legeslative branch - implemnts laws
judicial branch - interpretets laws

46
Q

What responsibilities does the federal and provincial have under the constitution? List 3 examples for each

A
47
Q

Are municipalities written in the constitution? Who gives them power?

A
48
Q

What conflicts arise between levels of government?

A
49
Q

What two systems of law have influenced Canada? How are they different? Explain each.

A

common and civil law.
civil law Based on relationships between persons common law Based on the primacy and absoluteness of a person’s rights

50
Q

What does Canada’s Court System look like- Levels of Court

A
51
Q

Divisions of Law- Categories of Law

A
52
Q

Careers in Law

A
  • Lawyer
  • law clerk
  • judge
  • corporate assistance
  • paralegal