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Gr 11 Law > Unit 1 > Flashcards

Unit 1 Flashcards

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1
Q

Rules vs laws

A

ALL LAWS ARE RULES BUT NOT ALL RULES ARE LAWS
Rules: A custom or standard which is followed but cannot be enforced

Law: A binding set of rules which everyone in society must follow and be enforced in a court of law.

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2
Q

Purposes of law

A

Provides protection and maintains order

Keeps the peace and resolves disputes

Ensures individuals do not take matters into their own hands

Avoids anarch and vigilantism

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3
Q

History of law in order

A

Early societies

Egypt (5000 years ago)

Babylon (1740 BCE)

Hebrew/mosaic law (1500 BCE)

Greek law (500 BCE)

Roman Law (550 CE)

Dark Ages (500-1400 CE)

Norman Justice

Napoleonic Code (1804)

Native Canadian Influence

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4
Q

Secondary sources of law

A

CONSTITUTIONAL LAW:
Bna Act, Charter

SUBSTANTIVE LAW:
Same sex marrage
Rec Marrijuana

COMMON LAW
Case law: Abortion
PrecedentL Medically assisted death4\

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5
Q

6 Essential principles of a good law

A

1) Laws should apply equally to all people
2) Laws should be enforceable
3) Laws should be well publicized and understood by all
4) Laws should have appropreate punishments/consequenes
5) Laws should be permanent form for reference
6) Laws should not be easily changed at the whim of any particular group.

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6
Q

History of law: Early societys

A

Small in size. Fewer people = fewer rules. Rules passes by word of mouth. Punishments of shame and in serious cases banishment.

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7
Q

History of law: Egypt

A

(5000 years ago) Pharaoh was the supreme judge and law maker. This merged law and religion. Laws were based on the Ma’at which stood for truth, order, justice, and balance.

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8
Q

History of law: Babylon

A

Code of Hammurabi (the king) (1740 BCE)
Laws were carved onto stone pillars and placed in the centre of the city. It included images alongside words, first written law.
Punishments were harsh, severe, and the law had no disdtinction between aciidental and deliberate acts.

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9
Q

History of law: Hebrew/Mosaic law

A

1500 BCE
God presented the laws to moses who intermreted them and rule on his disputes. Boased on the 10 commandemnts. Laws were the laws of god and had a greater impact and caused more fear. They still used the eye for an eye system, punsished who was guilty, and deffreentiated between acidental and deliberate

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10
Q

History of law: Greek law

A

500 BCE
First democracy (for male land owning citzens), First jury system. Was voted on and easily rigged. Solid disk = innocent, disk with a hole = guilty. The law become a sort of entertainemnt were hundreds watched in an ampitheatre.

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11
Q

History of law: Roman Law

A

550 BC
Society was getting too big for everyone to understand law. People were trained to know the law (Lawers) Emporrer Junstinian made the Justinian Code organized like our criminal code.

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12
Q

History of law: Dark ages

A

500-1400 CE
Rome fell, all good stuff is gone, science and tech did not advance. Lawlessness

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13
Q

History of law: Norman justice
4 types of trials

A

William the duke of normandy invaded and conqured england estanblishing the feudal
system.

Trial by ordeal
1) Trial by combat:
Fight the accuser. Bleed or die = guilty. Survive = innocent

2) Trial by water:
accused is bound and thrown in a pond. Float = guilty, sink = innocent

3)Trial by hot irons:
Burn the accused. Burns infected = guilty, no infection = innocent

4) Trial by bread and cheese:
Accused must eat and then talk. Mumbling = guilty, talking clearly = innocent

In all trials god protects the innocent. This was all based on the devine right of the kings. In 1215 the magna carta was signed and it made all men equal under the law. Or the rule of law

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14
Q

History of law: Common law
(Also a part norman justice)

A

Travelling judges, this established the rule of precedent meaning cases could be used to justify decisions made in other cases.

The judges worked in Assizes

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15
Q

History of law: Napolionic law

A

The napoleonic Code (1804) was an example of civil law this civil law referred to the codifying of laws in statues. aka the beginning of statue law. Based on the justinian code. They also introduced the inquisitorial trial system. This made lawyers and judes asking questions. Lawyers cannot attack a witness verbally or make direct statements.

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16
Q

History of law: Native Canadian influence

A

Had healing/sentencing circles. All parties had a say in the outcome, and the injured parties have more of a sense of power, but this is very time consuming.

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17
Q

Bills can be referred to as

A

legislation and acts/ the making of laws

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18
Q

How does a bill become law

A

Cabinet member or private member →
House of commons. (First reading, bill introduced) (Second reading, debate on principles) →
Committee (Bill is studied)→
House Of Commons (Third reading - vote takes place)→
Senate (First reading, bill introduced) (Second reading, debate on principles)→
Committee of the Whole Senate (All senators study bill, clause by clause.)→
Senate(Third reading- vote takes place)→
Governor General (Can withhold consent) (Royal Assent (Signs bill in soveringn’s name))→
Proclamation date

**If a Senator proposes the bill, the process is reversed – from Senate to House of Commons to Governor General

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19
Q

Statue law vs Case / common law

A

Statue law is the codified enacted legislation is, an important form of creating law but not the only one.
Common law is apart of the legal system basked on decision made by judges in the court room. The common law system allows for precedents through case law, and balances the need for stability seen in a statue law with the need for immediate change based on social value.

20
Q

Precedent vs precedence

A

Precedent: A legal decision serving as an example for future similar cases.

Precedence: Priority or order. eg A as precedence over B

21
Q

Primary sources of law

A

Customs and conventions:
Driving on the right (evolved from kings) , saluting (evolved from knights lifting their helmets near the kings.)

Social and Political influences:
Covid, Distracted driving

Religion:
Thou shall not kill
Thou shall not bear false witness

22
Q

What is the BNA Act

A

The brititish north america act of 1867 state there are 2 levels of government provincial and federal. This is considered the creation of Canada

23
Q

What is the Statue of Westminster

A

1931
The bna act didin’t allow us to change our own laws. The constituion act diddn’t give Canada the independance they wanted, this did.

24
Q

Rights vs Freedoms

A

Rights are facilitated by the governemnt while freedoms are more of a choice

25
Q

Problems with the charter

A

Doesn’t state that discrimination against homosexuality isn’t allowed.

Section 1 states that the charter doesn’t have to be upheld if its not reasonable.

the beginning says that Canada is founded upon principles that recognize the supremacy of God and the rule of law. Parkinson says having god their is bad idk

Section 33 has an escape clause for provincial governments, that allow them to pass laws that violate the constitution. Notwithstanding clause

26
Q

Sections 1-15 on the charter

A

S.1 is the Guarantee of Rights and freedoms

S.2 are the fundamental freedoms

S.3-5 are democratic rights

S.6 is the mobility rights

S.7-14 are legal rights

S.15 are equality rights

27
Q

What is the Canadian Charter of Rights and Freedoms

A

the CCoRaF is one of the most fundamental components of the new constituion.

28
Q

Division of law

A

PROCEDURAL LAW (RULES):
Outlines the methods of enforcing rights and obligations

SUBSTANTIVE LAW (STATUE LAW AND CASE LAW) :
Specifies a person’s rights and freedoms.

Substantive law has 2 divisions:

PUBLIC LAW:
Deals with the relationships between the citizens of a society and all levels of governments

CIVIL (PRIVATE) LAW:
Outlines the legal relationships between citizens and organizations. Also deals with disputes between individual citizens and between individual citizens and organizations

29
Q

Division of Public law

A

CRIMINAL LAW:
Deals with people who have committed offences against society. EG: Murder, kidnapping, sexual assault, break and enter, theft, narcotic act, young offenders act

CONSTITUTIONAL LAW:
Sets out the structure of the federal government and deals with the distribution of powers between federal and provinical governments. EG: The charter of rights and freedoms

ADMINISTRATIVE LAW:
Resolves disputes between government and agencies and individuals affected by the decisions made by these agencies.EG: Sale and consumption of alchol, cable televsion service, emplyment insurance, immmigration

30
Q

Division of Civil law

A

FAMILY LAW:
Deal with all matters pertaining to the family. EG: Marriage, Common-awm gay marrage, divorce, child coustody

CONTRACT LAW:
Deals with the making and enforcing of agreements between individuals. EG: Breach of an agreement i.e, agreeing to build a plane purchace agreement

TORT LAW:
Deals with a wrong commited by one person against another, other than a breach of contract. EG: Car accident victim can sue for suffering and pain.

PROPERTY LAW:
Deals with ownership rights and interests in property. Buying or renting land or buildings and its effect of neighbouring lands

LABOUR LAW: Outlines the rights and obligations of employees, also called employment law. EG: Minimum wages, pay equity, working conditions, workers’ compensation

31
Q

What does the R in a case citation mean

A

The “vs” means versus the “R” refers to crown or royal.

32
Q

What does initials in a case citation mean

A

Initials mean that the adult names are being protected, or there is a young person involved. The law doesn’t allow young offenders to be identified

33
Q

What is the rule of law

A

Everyone is held accountable for the law, no matter their place in society.

34
Q

Summarise Roncarelli v.Duplessis

A

In the mid-19503 Jehovas Witnesses, ere publishing their beliefs. Roman Catholics believe this to be an insult, and the Quebec government arrested about 1,000 Jehovah’s witnesses for publication without a license. Rondarelli, a restaurateur and a Jehovah’s witness, provided bail for almost doo of those arrested, In response, Quèbec Premier Maurice Duplessis ordered the Liquor Commission to Cancel Roncarelli, Liquor license, When he hale for 34 year. Roncarelli sued Dupless for loss of business resulting from the cancellation of the license. The Supreme court found in favor of Ronavell with $25,000 plus damages. They called the premiers acts “a gross abuse of power”

35
Q

Summarise R. V. Dudley and stevens

A

10) Tom Dudley, and his crew of two Stevens and
Brooks, and a 17 -year-old cabin boy Parker set sail to Australia from England
Their ship sank and they took refuge in the yacht’s dinghy. After 18 days they ran out of supplies and thought of cannibalism. Brooks didn’t agree and Parker didn’t know. Parker fell sick and they killed and ate him to survive. After getting back to England Dudley and Stephens were charged with murder with Brooks against him. The Judges didn’t care about necessity and sentenced them to hang. The public had sympathy and the crown commuted the sentence to six months imprisonment.

36
Q

What were the great laws of manu

A

A document compliling laws that had been passes from generation to generation oraly.

37
Q

What was the code of Li k’vei

A

It was a chinese set of written laws dealing with theft robbery, prison, and arrest.

38
Q

Retribution vs restitution

A

Retribution is justice based on vengance and punishment, Restituion is the payment made by the offender to the victim of a crime

39
Q

what does codified mean

A

To arrange and record systematically.

40
Q

2 basic principles of roman law

A

1) The law must be recored
2) Justice could not be left to the judges alone.

41
Q

What is the adversial system

A

Having somone else fight for you (lawyers)

42
Q

What is Habeas Corpus

A

“Show me the body” ensures people were charged a reasonable time before court, to prevent unlawful arrest.

43
Q

What is the Quebec Civil code

A

A code based on french civil law, is the system of law used in Quebec for solving private matters instead of civil/private law

43
Q

What is the great binding law

A

It outlines the rights, duties, and responsibilities, of the people. It also included laws covering adoption, emmigration,treason, and secession.

44
Q
A

Gr 11 Law (3 decks)

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