Unit 1

Question 1

Functions of Law

Answer 1

• To settle disputes, disagreements and other problems through certain variations of society
• An example could be taking someone to court, filing warrants or orders. (Divorce papers, restraining orders and many others)
• Protects our freedoms and rights
• It gets enforced by the government, police officers, and judges

Question 2

Rules & Laws

Answer 2

Rules are often established by organizations, groups, or individuals to govern specific activities or behaviors within a particular context. Rules may be more flexible and subject to change based on the needs or decisions of the organization or group. They are generally easier to modify compared to laws.
Scope: Rules may apply to a specific community, organization, or context, and compliance is generally expected from members or participants.

Laws are formal rules established by a recognized government authority and apply to the entire jurisdiction over which that authority has control. Laws are more rigid and require a formal legislative process to be amended or repealed. Changes to laws are subject to a defined legal procedure. Laws have a broader scope as they apply to the entire population within a specific jurisdiction.

Question 3

Divisions of Law

Answer 3

Canadian Law
- Substantive Law - Procedural Law
- Public - Private
- Criminal - Family
- Constitutional - Contract
- Administrative - Tort
- Property
- Labor

Question 4

Code of the Hammurabi

Answer 4

1755–1750 BC
Recorded 300 laws and codified them for citizens, including offence and punishment
Retribution (an eye for an eye) = the sentence
First known introduction of CRIMINAL LAW

Question 5

Moses/Mosaic Law

Answer 5

1500 BCE
Mosaic law is displayed in the first five boon of the old testament
Forbids killing, adultery, and bearing false witness
Punishments were severe
Restitution (offender had to compensate victim to return to original state and better)

Question 6

Roman Law

Answer 6

Romans were the first to devote a profession to the study of legal matters (lawyers)
The Byzantine emperor Justinian codified 1000 years of law known as the Justinian Code
Emphasized equality
Introduced defense

Question 7

The Justinian Code

Answer 7

A collection of Roman laws and legal principles enacted by the Roman Emperor Justinian

Question 8

The Napoleonic Code

Answer 8

The emperor Napoleon Bonaparte revised French law (based on Roman law and the Justinian Code).
Also emphasizes equity and justice like Roman law
Civil law in Quebec is based on the Napoleonic Code.

Question 9

Feudalism

Answer 9

Feudalism is a system in which kings and higher class folk gave protection and land to peasants so they would fight and work for them
This system heavily influenced property law

Question 10

Rules of Law and Magna Carta

Answer 10

Rule of Law means that nobody is above the law, in theory, everyone gets treated equally even people in power.
Magna Carta was the first document to put into writing the principle that the king and his government were not above the law.
Canada is governed by the idea of the rule of law
This also means that all disputes must be settled by discussion, negotiation or through the courts (and thus peacefully)

Question 11

Statute Law

Answer 11

Statute law is a formal, written law created through the legislative process. Statute laws apply to everyone within the jurisdiction covered by the legislative body that enacted them.
If a Bill gets approved it becomes a statute/law.

Question 12

Parliment

Answer 12

Parliament” generally refers to the supreme legislative body of a country. It is the institution responsible for making laws, debating policy issues, and representing the interests of the people.
For a bill (proposed law) to become law, it often requires the approval of both houses of parliament

Question 13

Protecting Rights & Freedoms

Answer 13

When there are rules and laws they are only
functional when they are enforced.
● We have the police and courts whose job it is to
impose and respect these guidelines.
● These people have the right to charge and try
anyone who disobeys any law.
● The Charter of rights and Freedoms ensures
that freedom of individual rights is not taken
too far.

Question 14

The Amending Formula and Canada’s Constitution

Answer 14

The amending formula refers to the process by which changes or amendments can be made to the Constitution. The amending formula is outlined in Part V of the Constitution Act, 1982. The Constitution Act, of 1982 is a significant part of Canada’s Constitution, which includes the Charter of Rights and Freedoms and other provisions.

Question 15

Introduction of a Bill

Answer 15

Proposal and first reading
Second reading
- Members of the House debate the general principles of the bill
Committee stage
- Bill gets examined by a parliamentary committee
Report stage
- Members of the House Review Committee’s reports
Third reading
- The final version of the bill gets debated
Royale assent
- The bill gets sent to the Governor General for royal assent
Coming into force
- Law comes into force towards the public

Question 16

Actus Reus

Answer 16

Latin for “guilty act”
actus reus refers to the physical act or conduct that constitutes a criminal offense. It is one of the two main elements that must be present for an individual to be criminally liable, the other being “men’s rea,”

Question 17

Men’s Rea

Answer 17

involves the mental state or intent of the person committing the act. It considers whether the individual had the required mental state or true intent to be held criminally responsible for the act.

Question 18

Habeus Corpius

Answer 18

Habeas corpus is a legal tool used to safeguard an individual’s right to personal freedom and prevent unlawful detention.

If a person is arrested or detained, the writ of habeas corpus allows them or someone acting on their behalf to petition the court to review the legality of the detention.