Unit 1 Flashcards
List and describe 3 types of ancient forms of punishments:
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.
What’s the difference between rules and laws?
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.
Define the term “Law”
Laws are rules that are made and enforced by our gov’t and the courts. When they’re broken there are penalties.
Outline the 6 functions of laws in society
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
Define public law
Deals with the relationships between people and the gov’t
Define private law
(Aka civil law), deals with the disagreements between private individuals
What 3 branches can public law be divided into?
1) constitutional law
2) administrative law
3) criminal law
What 6 branches can private law be divided into?
1) contract
2) tort
3) property
4) family
5) labour
6) wills&estates
What is precedent?
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.
What is the Magna Carta?
The Magna Carta is a charter signed by king John of England in 1215. It recognizes individuals basic rights for people.
Explain Rule if Law
A principle of Justice stating that the law is necessary to regulate society and that it applies equally to everyone. “Equality”
Explain Morality
Some laws reflect the moral values of the majority of a society.
What is Justice?
Justice is the ultimate goal of law. It’s about doing what is ethically right. “Equity”
Define Codified
Arranged and recorded systematically
Define retribution
Punishing an offender to satisfy the public of the persons wrong doings.
Define Restitution
Punishment that requires the offender to pay the victim or society back
Explain Trial by Ordeal
Requiring the accused to be tortured to determine guilt or innocence
Explain Adversarial System
The judicial process whereby evidence is presented by two opposing parties to an impartial judge/jury
Explain Habeas Corpus
A court order assigned to protect people from unlawful arrest. It states that there must be enough evidence to go to trial.
What does the acronym F.I.D.O stand for?
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"
What is the difference between procedural and substantive law?
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.
What was the BNA Act?
- sets out the rules for how Canada should be governed
- constitution for a colony
- constitutional monarchy
- can’t make trade/law agreements without Britain
What the difference between unitary system and federal system?
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.
Briefly describe constitutional law
- limits the power of the gov’t
- determines the structure of the gov’t and divides responsibility b/t federal and provincial
