unit 1

Question 1

What is a law and how is it different than rules?

Answer 1

Laws are a set of rules established by the government

laws are mandatory

laws involve a detailed system of concequences

Question 2

why do we have laws enforced?

Answer 2

society needs laws to limit the behavior of its citizens

Question 3

5 functions of law

Answer 3

1. to establish rules of conduct
   Guidelines for individuals living in society to reduce conflicts
2. provide a system of enforcement
   - people who help catch the offenders or make sure the laws are not broken
3. protect rights and freedoms
   - Laws must protect the rights and freedoms of the people around us
4. 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.
5. resolve disputes
   - conflicts are settled through courts or negotiation
   disputes are solved

Question 4

substantive vs procedural law

Answer 4

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

Question 5

public law

Answer 5

controls the relationships between the government and people in society
- it represents laws that apply to all individuals
- administrative, criminal, constitutional

Question 6

private/civil law

Answer 6

outlines the legal relationship between private individuals and individuals are organizations.
- manages the behavior of people in conflict
- tort, family, labour, contract, property

Question 7

explain criminal, constitutional, and administrative law:

Answer 7

criminal: defies crimes and punishments

constitutional: federal and provincial governement + charter of rights

administrative: the relationship between government bodies and citizens

Question 8

explain tort, family, contract, property, labour law:

Answer 8

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)

Question 9

who are the defendant and plaintiff?

Answer 9

defendant: in private law–> the person being sued
in public law: the person being charged

plantiff: in private –> the person suing/starting the lawsuit

Question 10

Code of hammurabi?

Answer 10

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)

Question 11

retribution and restitution?

Answer 11

retribution: a deserved punishment for a wrong

restitution: solving/compensation a person for a wrong that was done to them.

Question 12

mosaic law?

Answer 12

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

Question 13

the feudal system?

Answer 13

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

Question 14

Roman law/Justinian code

Answer 14

collection of roman laws + opinions from legal experts which emphasized equality under the law

Question 15

trial by fire?
trial by water?
trial by combat?

Answer 15

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

Question 16

what was compurgation?

Answer 16

• 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

Question 17

common law

Answer 17

a system of law based on past legal decisions
based on the principle of the rule of precedent

Question 18

rule of precedent

Answer 18

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

Question 19

what is an appeal

Answer 19

Referring a case to a higher court to reconsider the lower courts decision

Question 20

Magna Carta and how it impacted the legal system today?

Answer 20

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.

Question 21

Statue law

Answer 21

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)

Question 22

what is a bill?

Answer 22

a proposed law
Once it is passed, it becomes a statue or act

Question 23

what are the 3 branches of government in canada

Answer 23

1. executive: higher ranks
2. Legislative: those who pass the bills
3. judiciary

Question 24

How are laws passed at a federal level? (can start at both the house of commons or senate)

Answer 24

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

2. teh second reading is when the bill gets debated in general and another vote is taken if specific changes should be made
3. 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.
4. the third reading is anotehr vote for if this bill should be passed for the other side to approve.
5. 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
6. once both the house of commons and senate agree, the bill goes to the governal general for royal assent

Question 25

majority government vs minority government?

Answer 25

if the priministers party has a majority governemnt, there is no difficulty in getting the bill passed

if theres a minority, they have to make deals with the opposition to get the bill passed.

Question 26

when was the bill of rights passed?

Answer 26

1960