Unit 1

Question 1

List and describe 3 types of ancient forms of punishments:

Answer 1

Stoning: the condemned is pelted to death in stones, still practiced in some countries in the Middle East and Africa.
Hanging: condemned are are hung from a short distance so that they would slowly die from strangulation.
Beheading: heads are removed by an axe, and in France they created the guillotine.

Question 2

What’s the difference between rules and laws?

Answer 2

Rules and laws both follow the understanding that they are to benefit the common good of everyone. And if they are broken then there’s penalties. The difference is that laws are enforced by the gov’t and police whereas rules aren’t.

Question 3

Define the term “Law”

Answer 3

Laws are rules that are made and enforced by our gov’t and the courts. When they’re broken there are penalties.

Question 4

Outline the 6 functions of laws in society

Answer 4

1) it helps us settle our disagreements
2) it sets out our rights & responsibilities
3) provides remedies when we’re wronged
4) maintains order and provides protection
5) sets up the structure of the gov’t
6) it directs how to make new laws

Question 5

Define public law

Answer 5

Deals with the relationships between people and the gov’t

Question 6

Define private law

Answer 6

(Aka civil law), deals with the disagreements between private individuals

Question 7

What 3 branches can public law be divided into?

Answer 7

1) constitutional law
2) administrative law
3) criminal law

Question 8

What 6 branches can private law be divided into?

Answer 8

1) contract
2) tort
3) property
4) family
5) labour
6) wills&estates

Question 9

What is precedent?

Answer 9

Precedent is when a decision is based off of past decisions made by the court. Example, if a man kills 2 men and is given life with parol in 25 years, then the next person to kill 2 people will be given the same punishment based on precedent.

Question 10

What is the Magna Carta?

Answer 10

The Magna Carta is a charter signed by king John of England in 1215. It recognizes individuals basic rights for people.

Question 11

Explain Rule if Law

Answer 11

A principle of Justice stating that the law is necessary to regulate society and that it applies equally to everyone. “Equality”

Question 12

Explain Morality

Answer 12

Some laws reflect the moral values of the majority of a society.

Question 13

What is Justice?

Answer 13

Justice is the ultimate goal of law. It’s about doing what is ethically right. “Equity”

Question 14

Define Codified

Answer 14

Arranged and recorded systematically

Question 15

Define retribution

Answer 15

Punishing an offender to satisfy the public of the persons wrong doings.

Question 16

Define Restitution

Answer 16

Punishment that requires the offender to pay the victim or society back

Question 17

Explain Trial by Ordeal

Answer 17

Requiring the accused to be tortured to determine guilt or innocence

Question 18

Explain Adversarial System

Answer 18

The judicial process whereby evidence is presented by two opposing parties to an impartial judge/jury

Question 19

Explain Habeas Corpus

Answer 19

A court order assigned to protect people from unlawful arrest. It states that there must be enough evidence to go to trial.

Question 20

What does the acronym F.I.D.O stand for?

Answer 20

F= facts "what are the fact of the case"
I= issues "what is the dispute/argument"?
D= decision "what did the court decide"
O= opinions "what's your opinion on the case"

Question 21

What is the difference between procedural and substantive law?

Answer 21

Substantive law is the substance of law, and lists people’s rights. Procedural law is the process of law, it outlines the list of rights under substantive.

Question 22

What was the BNA Act?

Answer 22

• sets out the rules for how Canada should be governed
• constitution for a colony
• constitutional monarchy
• can’t make trade/law agreements without Britain

Question 23

What the difference between unitary system and federal system?

Answer 23

Unitary system is a one-level gov’t (Britons monarchy). And federal gov’t is a two-level gov’t that has federal and provincial gov’ts (Canada) *although now we have three.

Question 24

Briefly describe constitutional law

Answer 24

• limits the power of the gov’t

- determines the structure of the gov’t and divides responsibility b/t federal and provincial

Question 25

Briefly describe statute law

Answer 25

• laws created by elected gov’ts

- each level of gov’t can make laws within its jurisdiction

Question 26

Briefly describe common law

Answer 26

• laws from previous decisions (precedent)

- aka case law

Question 27

What is Residual Powers?

Answer 27

Residual powers are federal responsibility to make laws in areas that are not assigned to the provinces.

Question 28

What is the difference between ultra vires and intra vires?

Answer 28

Ultra vires is when it is beyond the gov’ts power to pass laws. Intra vires is when it is within their power.

Question 29

What are the 5 factors that change laws in Canada?

Answer 29

1) Demographic changes- birth rate, immigration, etc. More views= different views
2) Technological changes- with new technology new rules must be made or changed
3) Changes in Values- as society evolves laws sometimes need to be changed to suit them
4) National Emergencies- with national threats laws must be passed for our security (9-11)

Question 30

Why is changing laws so important to society?

Answer 30

Because of Rule of Law no one is above the law, we all must obey the law no matter our status. Because of this when laws are passed they affect EVERYONE EQUALLY. Laws must be done democratically to reflect the common good.