Unit 1 Definitions

Question 1

Law

Answer 1

A set of rules of conduct, established by government, for all members of society to obey and follow.

Question 2

Code of Hammurabi

Answer 2

On of the most important and earliest (first code) records we have of written laws. king Hammurabi of Babylon wrote 300 understandable laws.

Question 3

Codification

Answer 3

The process of preparing a code.

Question 4

Retribution

Answer 4

The concept of “an eye for eye, a tooth for a tooth.” It’s the punishment for the principle that the strong should not injure the weak (Code of Hammurabi)

Question 5

Mosaic Law

Answer 5

A code of laws set out in the first five books of the Old Testament, as established under Moses, in approximately 1400 B.C.

Question 6

Ten Commandments

Answer 6

Engraved on two stone tablets from God. They forbid such a things as killing, adultery, and bearing false witness, continue to hold a central position in the teachings of both the Jewish and Christian faith. One of the main components of Mosaic Law.

Question 7

Restitution

Answer 7

The offender repaying the victim for stolen goods (Mosaic Law).

Question 8

Justinian Code

Answer 8

A code of law put into writing under Justinian Emperor of Rome, during the 5th and 6th centuries. They were the 1000 years worth of Roman laws strengthened by the Emperor. It was a collection of past laws, opinions from leadering Roman experts, and new laws enacted by Justinian.

Question 9

Napolenic Code or French Civil Code

Answer 9

Served as the model for much of European law. A code of civil law drawn up by Napoleon Bonaparte, and adopted in France in 1804; the basis of the civil law in Quebec today. It’s based on the Justinian code.

Question 10

Feudalism

Answer 10

A political, social, and economic system prevalent in Europe between the 9th and 15th centuries that was based on the relationship between lord and vassal. Rights and obligations.

Question 11

Assizes

Answer 11

Trials held before travelling judges.

Question 12

Common Law

Answer 12

1) law that relies on court decisions for its authority and recorded in case law reports, as distinct from statue law
2) the law that developed in English courts, as distinct from French civil law
3) law that is common to all people
• Judges decide how law is applied (precedent)

Question 13

Stare decisis / Precedent

Answer 13

Latin phrase meaning “to stand by previous decisions” / The legal principle in which court cases with similar facts result in similar decisions; also known as state decisis. Early law of judges we refer to.

Question 14

Case law

Answer 14

The decisions of judges, in contrast to statute law, recorded in reports to form precedents.

Question 15

Citation

Answer 15

A reference to the source of a law case as found in reports.

Question 16

Rule of Law

Answer 16

The fundamental principle that neither the individual nor the government is above the law; society is governed by law that applies equally to all persons.

Question 17

Parliament

Answer 17

The highest national law-making body in Canada. Representatives from across the country come to make decisions (England)

Question 18

Statute Law

Answer 18

All law passed by government or a provincial legislature.

Question 19

British North America Act

Answer 19

Canadas first constitution: an act of the British Parliament that brought the Dominion of Canada into being on
July 1,1867.

Question 20

Statue of Westminster

Answer 20

An act passed in 1931 in England, giving Canada specific rights concerning law-making.

Question 21

Amending Formula

Answer 21

A procedure to amend or change
Canada’s constitution without the involvement of the British Parliament.

Question 22

Patriation

Answer 22

To return to one’s own country: for example, the patriation of Canada’s constitution from England in 1982

Question 23

Constitution Act 1867

Answer 23

Formerly the British North America
Act, 1867; distributed legislature powers between federal and provincial governments.

Question 24

Constitution Act 1982

Answer 24

Canada’s constitution, which includes the Charter of Rights and Freedoms and an amending formula.

Question 25

Jurisdiction

Answer 25

Authority or power to do something, such as make laws.

Question 26

Bylaws

Answer 26

Written laws formally passed by a municipality.