Unit 1 Exam

Question 1

Whats the difference between rules and laws?

Answer 1

Laws:
-serious consequences (fines, jail, community service)
-Made and developed by society and government
-Apply to all

Rules:
-Doesn’t apply to all
-Made by anyone for different reasons
-No serious consequences

Question 2

What are the 5 Functions of law?

Answer 2

1. Establish rules of conduct → criminal code
2. Provide system of enforcement →police, courts, jail
3. Protect Rights and Freedoms → Charter of Rights and Freedoms
4. Protect Society → laws for personal property
5. Resolve Disputes → Civil courts

Question 3

describe the the divisions of law

Substantive:

procedural:

public:

private:

Answer 3

Substantive: laws outlining peoples **rights and responsibilities **

Procedural:** Legal process** that protects and enforces our rights (how arrests, bail hearings, and trials are conducted)

private :law relating to interactions between persons

Public:law relating to interaction between indiviuals and the government

Question 4

What are the types of public and private law?

Criminal:
Constatitional:
Administrative:

Tort:
Family:
contract:
Property:
Labourand employment:

Answer 4

Public law:
-Criminal: Outlines offences against society and their punishments → ex. criminal code

-Constituational: Outlines the structure and powers of government → ex. division of power + Charter

-Administrative: Outlines relationship between citizens and government → ex. The government decides eligibility for welfare payments or medical benefits

Private Law:
-Tort: People **held responsible **for the damage they caused → ex. Lawsuit for financial compensation

-Family: Deals family relations → marriages, divorces, child custody, child support

-Contract: Outlines requirements for legally binding agreements → Contracts between employees and companies

-Property: Outlines relationship between individual and property → selling and renting buildings

-Labour and Employment: Outlines relationship between employee and employers → minimum wage, workplace safety

Question 5

Features and impact of historical laws (1)

Code of Hammurabi:

Answer 5

Code of Hammurabi:
-class distinction between nobles, commoners, peasants, and slaves
-Eye for an eye
-Contrabution to current law:
Written code

Question 6

Features and impact of historical laws(2)

Mosaic Law:

Answer 6

Mosaic Law:
-The 10 commandments
-Retribution (Law → punishments)
-restitution(repayment)
-Thou shall not kill, thou shall not commit adultery, Thou shall not be a pussy bitch boy
-Contrabution to current law:
Retribution (Law → punishments)
restitution(repayment)

Question 7

Features and impact of historical laws(3)

Feudal

Answer 7

Feudal System:
-Trails were painful + dangerous to see if God would save the innocent
-Kings owned all the land and divided it up amongst nobility
-Nobility had authority over the given land leading to inconsistent laws and punishment between diffrent feif
-Contrabution to current law:
Common/case law

Question 8

Features and impact of historical laws(4)

Common Law:

Answer 8

Common Law:
-Consistant punishments
-Professionals in law (judges and lawyers)
-Contrabution to current law:
Appeal process of applying to higher court to review cas from lower courts

Question 9

Features and impact of historical laws(5)

Precedent/case law:

Answer 9

Precedent/case law:
-Individual decissions hanned down by courts by jurisdiction
-Written decision of judges on court
-Contrabution to current law:
similar cases being compare to find verdict or punishments
decision recorded in writing

Question 10

Features and impact of historical laws(6)

Magna Carta:

Answer 10

Magna Carta:
-All peple must follow the law
-No ruler can restrict the freedoms of others without reason
-Guarantees fair trails
-Contribution to current law:
-Right to a fair trial
-no cruel and unusual punishment
-Innocent until proven guilty

Question 11

Features and impact of historical laws(7)

Parliment Statutes:

Answer 11

Parliament Statutes:
-Parliament + passing laws through the government
-All laws are allowed to be viewed by the public
-Parliament=
House of commons
-Senate
-Democracy
-Ex. The Canadian Charter of Rights and Freedoms
-Contribution to current law:
Is the most recent/modern version of the law

Question 12

what is a bill?

Answer 12

a proposal to create a new law, or to change or repeal an existing one

Question 13

what is the process of passing a bill?

Answer 13

Cabinet members →house of commons →1st reading →2nd reading → study bill, study area bill effect → house of commons → 3rd reading + vote

→ Senate →1st reading →2nd reading

→ governer general

Question 14

What is the
1. juvenile delinquent act
2. Young offenders act
3. Youth Criminal Justice Act

Answer 14

1. Juvenile delinquent act: 7 or older, not criminals but delinquents,** legal rights** of minors largely ignored
2. Young offenders act: 7 to 12,** recognizes youth rights** under charter,** didn’t address serous violent offenders**

3.Youth criminal justice act: **changed as adults **when crime is serious and violent, focuses on alternate sentencing when crime is not serious

Question 15

what is Habeas Corpus

Answer 15

• The “Great Writ”
• protects against unlawful and indefinite imprisonment