Unit 1: Foundations Of Law Flashcards
Differ Rules and Laws
Rule: Rules of a game or organization applies only to the people in those groups
Law: A law applies to all members of a society at all times
What are the divisions of canadian law branches
Canadian law
/ \
Substantive law Procedural law (rules)
/ \
Public law Private (civil) Law
/ \
Criminal Constitutional Administrative
Private (civil) law
-family
-contract
-tort
-property
-labour
What is a precedent? (Matching)
a precedent is looking back at something that is done that can later serve as a example or rule of how other things should be done.
how was Common law made
In England, the king appointed a number of judges to judge cases. These judges met regularly to discuss cases and the sentences they gave. The judges all developed regular punishments for cases which became the basis of common law. Common law became introduced to Canada when the English colonized them.
What are the 5 early kinds of law and there main idea
Hammurabi: codification-the process and preparing a code or writing down laws
Roman law: as the number of laws increased the Roman’s created a profession devoted to the study of legal matters, marking the beginning of lawyers
Justinian law: everyone is equal no matter there wealth
Napoleonic code: basis in many modern democratic countries, still used in Quebec
Mosaic law: repayment of crimes (restoration)
What is feudalism?
Feudalism is a government introduced by the king of England, it stated that the king owned all land and divided it amongst his nobles and lords. In return the nobles and lords became his servants and promised him loyalty and protection (military).
How does the electoral process work?
Canada is divided into ridings, each riding represents a geographical area that all have about the same amount of people in them. Each riding is represented by a mp, there are 338 mp’s in Canada. The leader of the party with the most mp’s elected is the prime minister. Each mp is a representative of the House of Commons. The prime minister also appoints elected mp’s from his or her party to become cabinet ministers, which are the head of government departments.
How are laws recorded?
Laws are recorded in citations. Criminal citations have R.V. Then the last name of the defendant . In civil citation it is the last name of the defence and last name of the plaintiff.
