unit 1 Flashcards
purpose and history
What is a law and how is it different than rules?
Laws are a set of rules established by the government
laws are mandatory
laws involve a detailed system of concequences
why do we have laws enforced?
society needs laws to limit the behavior of its citizens
5 functions of law
- to establish rules of conduct
Guidelines for individuals living in society to reduce conflicts - provide a system of enforcement
- people who help catch the offenders or make sure the laws are not broken - protect rights and freedoms
- Laws must protect the rights and freedoms of the people around us - protect society
- make sure there are punishments in place for those who break. the law
- the correct consequences are followed to protect the people from any harm. - resolve disputes
- conflicts are settled through courts or negotiation
disputes are solved
substantive vs procedural law
substansive: the rules that outline your rights and obligations in society
- criminal code/crimes in society
procedural: the legal steps involved to protect our rights
- formal procedures
- steps to getting a warrant
public law
controls the relationships between the government and people in society
- it represents laws that apply to all individuals
- administrative, criminal, constitutional
private/civil law
outlines the legal relationship between private individuals and individuals are organizations.
- manages the behavior of people in conflict
- tort, family, labour, contract, property
explain criminal, constitutional, and administrative law:
criminal: defies crimes and punishments
constitutional: federal and provincial governement + charter of rights
administrative: the relationship between government bodies and citizens
explain tort, family, contract, property, labour law:
tort: damages caused by another person or organization
family law: regulates family life
contract: if legal binding agreements are breached
property: rights and responsibilities of owning, acquiring, and maintaining property
labour: relationship between employers and unions (workers)
who are the defendant and plaintiff?
defendant: in private law–> the person being sued
in public law: the person being charged
plantiff: in private –> the person suing/starting the lawsuit
Code of hammurabi?
one of the earliest records of written law
- 300 laws carved in columns of stone
- organized the laws under headings (family, labour) (commodification - assembling a system of laws in a body of statues)
retribution and restitution?
retribution: a deserved punishment for a wrong
restitution: solving/compensation a person for a wrong that was done to them.
mosaic law?
the law of moses gave to the hebrew people.
- laws that were engraved on 2 stone tablets (10 commandments)
- introduced the concept of retribution and restitution which are still used in todays legal system
the feudal system?
a political, social, and economic system prevalent in medieval europe.
- a king would judge a case howeever he wants
- if he could not decide there would be trials where “god” would decide if they were guilty or not
Roman law/Justinian code
collection of roman laws + opinions from legal experts which emphasized equality under the law
trial by fire?
trial by water?
trial by combat?
fire: a hot iron would be put in your hand and covered with a cloth and atfer 3 days if your hand was infected you were guilty
water: put in water with hands bound and if you float you were guilty because water is a symbol of purity
combat: fight to death, if you died you were guilty
what was compurgation?
- 11 people had to swear that the accused was innocent and they would be let go
- but if the accuser found 11 other witnesses that were of higher rank then they would be guilty
common law
a system of law based on past legal decisions
based on the principle of the rule of precedent
rule of precedent
something that has done before
- similar cases result in similar decisions
- everyone invloved can look at older cases and use them to relate to thier own case to expect similar results
what is an appeal
Referring a case to a higher court to reconsider the lower courts decision
Magna Carta and how it impacted the legal system today?
a famous doccument that was signed by king john
- introduced the rule of law: all laws apply equally to everyone, and everyone is under the law, the ultimate ruler of a country is the law.
- habeas corpus: a doccument requiring a person under arest to be brought to court to determine if they are being legally detained.
Statue law
belongs to the parliment law
- a law passed by a legislative body
- created to fill in the gaps o common and case law because they could not address every legal situation
Now you must look at both common law and statute law when making a decision. (used in canada)
what is a bill?
a proposed law
Once it is passed, it becomes a statue or act
what are the 3 branches of government in canada
- executive: higher ranks
- Legislative: those who pass the bills
- judiciary
How are laws passed at a federal level? (can start at both the house of commons or senate)
Both members of parliment (house of commons or senate) can introduce bills. The bill must first pass 3 readings
1. The first reading is when the bill gets introduced and a vote is taken to if it should be further debated
- teh second reading is when the bill gets debated in general and another vote is taken if specific changes should be made
- Between the stages, there is a committee stage where the bill is studied in detail and amendments /changes are made. each change must be voted on.
- the third reading is anotehr vote for if this bill should be passed for the other side to approve.
- if voted then the bill gets given to the side that did not instroduce the bill and the same 3 readings and commitee stage get repeated
- once both the house of commons and senate agree, the bill goes to the governal general for royal assent
