Unit 1 Flashcards

1
Q

lobby

A

to seek to influence the government to make certain laws

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2
Q

substantive law

A

laws that outline your rights and obligations in society

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3
Q

procedural law

A

laws that outline the steps involved in protecting our rights

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4
Q

private law

A

all law relating to interactions between persons

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5
Q

public law

A

all law dealing with the relationship between individuals and the government

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6
Q

plantiff

A

the person who sues in a civil action

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7
Q

defendant

A

a person who is sued in a civil action or charged with a criminal offence

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8
Q

codification

A

the action or process of arranging laws or rules according to a system or plan

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9
Q

case law

A

recorded decisions of judges

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10
Q

common law

A

a system of law from england based on case law

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11
Q

precedent

A

a court decision used to decide a similar case

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12
Q

appeal

A

apply a higher court for reversal of the decision of a lower court

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13
Q

citation

A

lists basic facts in a legal case and makes it easy to locate the case in a law library or on an internet case-reporting website

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14
Q

rule of law

A

the basic rule that neither individuals nor the government is above the law

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15
Q

habeas corpus

A

an application that is used by persons who feel they are being wrongfully detained

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16
Q

civil rights

A

the rights that each person has in society, whatever their race, sex, or religion

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17
Q

amending formula

A

the set of conditions required to make changes to the constitution

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18
Q

bill

A

a proposed law

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19
Q

reasonable limits clause

A

the provision that allows limits to be placed on your rights and freedoms

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20
Q

rights and freedoms

A

everyone has the same fundamental freedoms and rights regardless of their differences

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21
Q

burden of proof

A

the responsibility for proving a criminal case in court

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22
Q

notwithstanding clause

A

the provision that allows a provincial or territorial law to be valid even though it contradicts certain rights and freedoms in the charter

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23
Q

fundamental freedoms

A

freedom of conscience, religion, thoughts, beliefs, opinions, expression, and the use of press and media. the right to express your opinion about a recent movie on your internet blog

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24
Q

democratic rights

A

the right to vote

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25
entrenched
protected firmly (as a right) under the charter as part of the constitution so it can only be changed by an amendment to the constitution
26
mobility rights
the right to enter, remain in, and leave canada
27
legal rights
legal safeguards for your procedural rights in the criminal justice system
28
remedy
a method to enforce your rights in court
29
infringed
violated (as in an agreement or a right)
30
equality rights
protection from discrimination
31
32
language rights
the right to choose a language of communication
33
aboriginal rights
rights based upon aboriginal peoples continued use and occupation of certain areas
34
civil law
another name for private law
35
Code of Hammurabi
one of the earliest forms of written law
36
statute
a law passed by the federal parliament or provincial legislature
37
accommodation
removing a barrier or changing a policy so discrimination does not occur
38
assimilation
the process of being absorbed into the prevailing culture
39
barrier to equality
anything that prevents someone from participating fully and equally in society
40
bona fide occupational requirement
a legitimate, reasonable requirement for a job
41
complainant
a person who makes an allegation of discrimination
42
discrimination
treating individuals or groups unfairly or differently because of such characteristics as race, religion, sex, age, or disability
43
employment equity
equal treatment of all employees based on their abilities
44
grounds of discrimination
categories or types of discrimination
45
human rights
rights that protect one from discrimination by other individuals and in certain areas of one’s life
46
intentional discrimination
treatment of others that is unfair (on the basis of prejudice or stereotype) and is done on purpose
47
pay equity
equal payment for work of equal value
48
prejudice
a preconceived opinion of a person who belongs to a particular group
49
restorative justice
an approach to the law that emphasizes healing, forgiveness, and community involvement
50
stereotyping
applying characteristics assumed to belong to one member of a group to all members of that group
51
respondent
the person alleged to have committed an act of discrimination
52
unintentional discrimination
actions that appear to be neutral but effectively discriminate against most members of a group
53
section 2
fundamental freedoms of: 1) conscience and religion 2) freedom of thought, opinion, belief, and expression 3) peaceful assembly 4) association
54
section 3
democratic rights
56
section 7
life, liberty, and security
57
section 6
mobility rights - moving
57
section 8
the right against unreasonable search or seizure
58
section 9
not to be arbitrarily detained or imprisoned
59
section 10
rights on arrest and detention
60
section 11
rights applied when a person is charged with an offence
61
section 12
not be subject to any cruel and unusual treatment or punishment
62
section 1
reasonable limits - your rights are not absolute!
63
y
y
64
section 24 (2)
evidence obtained in an infringing way may be excluded in some circumstances