Unit 1 Flashcards
What are statutes
written laws enacted by the government
What are precedents
jugements or decisions of a court cited as an authority for deciding a similar set of facts
What did jurisprudence originally mean
a latin term that meant “knowledge or skill in the law”
What does jurisprudence mean now
is used to describe the science or philosophy of law that deals with investigating the concepts, notions and principles of legal thought
What are the visible parts of the law
Statutes and precedents
What are the lesser known parts of the law
origins, changes over time, difference between the laws of different colours
What are the 6 functions of law
Helps us avoid or settle disagreements Sets out rights and obligations Provides remedies Maintains order and provides protection Sets up structure of governments Directs how to make laws
Define remedy in law
legal court of action that is followed to correct a wrong
Do laws reflect the values and beliefs of society?
Typically, yes
What is the rule of law
Definition; the rule of law is the idea that in order to function smoothly and fairly, all members of a given society agree to abide by a common set of rules, called ‘the law’.
How many main aspects are there of the rule of law
3
What are the 3 main aspects of the rule of law
Law is necessary to keep peaceful order
Law applies to everyone equally
No one can have unrestricted power to limit rights unless authorized by law
Why is law necessary to keep peaceful order
So that people can follow guidelines/rules and can coexist amongst each other
What does it mean that law applies equally to everyone
No matter a person’s economic status, place in the government, social status… they are all treated the same under the law
What is the Constitution Act, 1867
The supreme, or highest, law in Canada
What is the Canadian Charter of Rights and Freedom
It is found in the Constitution Act, 1982– nothing can limit these rights for a person
What is the preamble of the Canadian Charter of Rights and Freedoms
Canada was founded upon principles that recognize the supremacy of God and the rule of law
What happens if a law contradicts with the Constitution
The law can be declared invalid and will be struck down or read down by the courts
What are the 3 important historical events that led to the development of the rule of law in Canada
The Magna Carta, The Glorious Revolution, The Canadian Constitution
What is the Magna Carta
An english legal charter established in 1215 that forced King John of England to accept that his actions would be bound by the law. This severely limited his power, but he was pressured to sign by a group of powerful nobles, called barons, who wanted to protect their own interests and property from being arbitrarily seized by the king
Why was the Magna Carta important
Because this document provided the origin of law It set a precedent for all other nations in the British Commonwealth by establishing that no one, not even the monarch, was above the law (bu this didn’t mean that there was equal application of the law)
What was the glorious revolution (not on review)
The progresses represented by the magna Carta was advanced in 1688 during the Glorious Revolution. This event marked the overthrow of the absolute ruler, King James II, by a group of English parliamentarians who were aided by a portion of the Dutch army under William of Orange
Why was the Glorious Revolution important (not on review)
Because it marked the beginning of a period when the English people refused to be led by an absolute ruler. From this point on, the rule of law has been the basis of our systems of government and law
What is the Canadian Constitution
Sets out how Canada will be governed and how law will be made. A new law has to comply with the values, principles and powers found in the Constitution. Out constitution was first enacted in 1867 by the British parliament.