Unit 1 Flashcards
Law definition
A set of rules of conduct established by the government for all members of society to obey.
Why do laws change over time?
They change in response to our changing social values/standards.
5 functions of law
- Establish rules of conduct
- Provide a system of enforcement
- Protect the rights and freedoms
- Protect society
- Resolve disputes
More on law function 1
To establish and confirm laws that should reduce conflict in society.
More on function 2
Knowing how to enforce each law and how strictly it will be punished. This gives laws purpose
More on function 3
These laws must not take away our rights, but rather protect them to remain a free country.
More on function 4
Laws are enforced to protect those from harm and make a safer society.
More on function 5
Ensure that disagreements and conflict is solved fairly through court.
Substantive law vs. Procedural law
Substantive law: rules that outline our rights and obligations in society. (What are considered crimes in our society)
Procedural law: outline the steps involved in protecting our rights. (Legal processes/rules people of power must obey) ex. Police can’t search a place without a warrant.
Public law vs. Private law
Public: controls the relationships between governments and people in society. Laws that apply to all individuals.
Private: outlines the rights and responsibilities of private individuals and organizations. Ex. In a private law case the person who started the lawsuit is a plaintiff and the person being sued is the defendant.
What does public law include?
Criminal, constitutional, and administrative law.
What does private law include?
Tort, family, contract, property, and labour and employment law.
State decision (rule of precedent)
To stand by earlier decisions
The rule of law
Every conflict is solved in a peaceful way. The idea “might is not right”. ex.) just because someone is stronger does not give them the right to impose their will on another.
Civil rights vs. Human rights
Civil:the rights you have between you and the government
Human: the rights you have as a human to live. Ex.) everyone has a right to life, liberty, and security of a person. No one should be held in slavery.
Mosaic law
The 10 commandments (mosaic law) was given to Moses from God in mount Sinai. Was an influence on Canada’s law system by making our laws follow restitution, having forgiveness for wrongdoers.
The US. Bill of rights
Impacted the development of rights laws by making sure that the rules applied for citizens to follow must also protect our rights. In 1971 a rule was made that if it did not protect our right, that rule had to change.
Declaration of the rights of man of the citizen-
To have rights and freedoms for those all over the world. This occurred in 1945 after seeing all the people around the world being killed as prisoners for being different. World leaders formed the united nation to put an end to this for everyone to have equal rights.
Canada’s Amending formula
When 50% of the population must agree on something in order to change the constitutional law, the federal government, and a minimum of two thirds of the provinces.
Public law citation
R.v.(person accused), (year) (court) (case number) CanLII
Private law case citation
(Person suing) v. (Person being sued), (year) CanLII (case number) (court)
Code of Hammurabi
ITS THE FIRST CODE! “Innocent until proven guilty”. There was upper, middle, and lower class. The code punished the guilty party based on their class. It impacted Canada by having punishments for wrongdoers.
Negotiation
The parties communicate with each other until a decision is made
Mediation
A 3rd party (the mediator) listens to the parties in the dispute and helps them make a decision call will accept.
Arbitration
A 3rd party (an arbitrator) listens to the parties and makes a decision. The arbitrator is the respected expert and parties must agree in advance to accept the arbitrator’s decision.
English common law system
Made in early Middle Ages. Unwritten legal traditions that are based on precedents set by legal decisions.
Roman law
The law of the state only applied to citizens. Foreigners had no rights unless protected by a treaty. Laws are based on traditional law and legislation of the assemblies.
Napoleonic code
Gave post-revolutionary France its first set of laws about property, colonial affairs, and family and individuals rights.
Equity
Being fair or equal
Terra nulius and doctrine of discovery
When Europeans came to Canada and colonized Canada, claiming that there was no previous sovereignty, due to them not being Christians.
Magna Carta
King John abused his power over England. The English then forced him to sign the Magna carta (great charter) in 1215.
How a bill becomes a law
When a new law is desired, a cabinet minister introduced a bill into the House of Commons. If the prime minister’s party has a majority government (more than half elected MP’s) the bill is easily passed. If not, deals with the opposition are made to get it passed. When approved, the bill is sent to the senate. If approved there, sent to the government general who will sign it as a law.
Canada act 1982
The charter of right and freedoms was added to the Canadian constitution. It also recognized Métis people as aboriginal.
The BNA act 1867
Canada wanted independence and to patriate
Passage of a bill in parliament
First reading
Second reading
Committee stage
Third reading
Bill goes through three readings
Bill signed to become a law
Passage of a bill in parliament
First reading
Second reading
Committee stage
Third reading
Bill goes through three readings
Bill signed to become a law
