Unit 1 Definitions Flashcards
Law
A set of rules of conduct, established by government, for all members of society to obey and follow.
Code of Hammurabi
On of the most important and earliest (first code) records we have of written laws. king Hammurabi of Babylon wrote 300 understandable laws.
Codification
The process of preparing a code.
Retribution
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)
Mosaic Law
A code of laws set out in the first five books of the Old Testament, as established under Moses, in approximately 1400 B.C.
Ten Commandments
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.
Restitution
The offender repaying the victim for stolen goods (Mosaic Law).
Justinian Code
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.
Napolenic Code or French Civil Code
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.
Feudalism
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.
Assizes
Trials held before travelling judges.
Common Law
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)
Stare decisis / Precedent
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.
Case law
The decisions of judges, in contrast to statute law, recorded in reports to form precedents.
Citation
A reference to the source of a law case as found in reports.
Rule of Law
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.
Parliament
The highest national law-making body in Canada. Representatives from across the country come to make decisions (England)
Statute Law
All law passed by government or a provincial legislature.
British North America Act
Canadas first constitution: an act of the British Parliament that brought the Dominion of Canada into being on
July 1,1867.
Statue of Westminster
An act passed in 1931 in England, giving Canada specific rights concerning law-making.
Amending Formula
A procedure to amend or change
Canada’s constitution without the involvement of the British Parliament.
Patriation
To return to one’s own country: for example, the patriation of Canada’s constitution from England in 1982
Constitution Act 1867
Formerly the British North America
Act, 1867; distributed legislature powers between federal and provincial governments.
Constitution Act 1982
Canada’s constitution, which includes the Charter of Rights and Freedoms and an amending formula.
Jurisdiction
Authority or power to do something, such as make laws.
Bylaws
Written laws formally passed by a municipality.
