Unit 1 Flashcards
(15 cards)
Distinguish the difference between a rule and a law. Use examples.
- a law is a rule that is implemented, interpreted, and enforced by the government.
- Organizations or schools might have rules that are not enforced by the government, but it can overlap.
Why are laws necessary in society?
- Laws are necessary because they maintain order in society and regulate people’s actions to protect society.
Clearly distinguish between the terms substantive and procedural law.
- Substantive law outlines the rights and obligations individuals and governments have.
- Procedural law enforces the methods that are used to enforce those rights and obligations that substantive law outlines.
List and briefly describe the 3 types of public law.
- Administrative
- handles government licences and boards, like the liquor control/licence board - Criminal
- interprets and enforces laws and punishments - Constitutional
- deals with all constitution rights and obligations, as well as government powers over it and any violations
List and briefly describe the five types of private/civil law.
- Family
- Handles anything that happens within a family, like custody and divorce. - Wills and estates
- Deals with the distribution of goods - Contract law
- handles contracts, like sports contracts. - Tort law
- handles any injuries or damages - Property law
- ownership rights over property
In criminal law, who are the parties involved at trial?
In criminal law, it is the accused and the prosecution, or the defence and prosecution. It is a person or organization versus the government/the Crown.
Why is Hammurabi’s Code important to our understanding of the history of law?
- Hammurabi’s Code is important because it is the earliest found written code.
- It gives us an idea of the development of law, such as how they heavily believed in an eye for an eye.
How did Mosaic law differ from Hammurabi’s Code? In what ways were they similar?
- Mosaic law was written based off of the 10 commandments (book of Exodus) and focused on less gender-specific rules, and less death as punishment. It also protected people of lesser status, like women or the poor.
- Hammurabi’s Code was written based on King Hammurabi, and focused heavily on death as a punishment.
Distinguish the concepts of retribution and restitution.
- Retribution is the payment for a crime, like jail time.
- Restitution is repaying your debt back to society (through community service, etc)
What is the Justinian Code?
Justinian’s Code was written by an emporer and it outlined that laws had to follow two principle concepts to be in effect:
1. Laws must be written
2. Justice could not be left alone in the judge’s hands
What is the Napoleonic Code?
The Napoleonic Code outlines that people had fundamental rights, unless if you were a woman.
Why is Justinian’s Code and Napoleonic Code significant to law in Canada today?
The two are significant because they started the “modernization” of law. They led to a more equal and just society through evolution of the two concepts.
Why did it take Canada so long to patriate our constitution?
The BNA act resulted in a mess of jurisdictions, meaning that there were extremely high tensions within our government.
What’s the difference between passage of a federal legislation and provincial legislation?
Provincial legislatures have to be voted on by MPP’s and get approved by the Governor General, whereas federal legislatures get approved by MPs.
Do bills become law on the date of the Royal Assent or the proclamation date?
They become a law on the day of the Royal Assent, but come into effect on the proclamation date.
