Unit 1 - Foundations of Law

Question 1

This regulates our everyday lives, from birth to death. They also are constantly changing and evolving, and they reflect a societies morals and values in an attempt to ensure justice for all.

Answer 1

Law

Question 2

This is the cornerstone of Canada’s Legal system, which states that no person is above the law.

Answer 2

Rule of Law

Question 3

This concept originates from our morals, values, attitudes, and beliefs, all of which may change over time. It is also divided into four distinct characteristics. We call this concept…

Answer 3

Justice

Question 4

Laws that are written down are known as this

Answer 4

Codified

Question 5

This concept of law is based on vengeance and punishment.

Answer 5

Retribution

Question 6

This concept is described as payment made by an offender to the victim of a crime. It is called

Answer 6

Restitution

Question 7

The 10 Commandments belong to this category of law where intent of the crime matters more than just the punishment.

Answer 7

Mosaic Law

Question 8

This type of trial was based on the belief that if a person passed a tough physical test, God had declared the person innocent.

Answer 8

Trial by Ordeal

Question 9

This type of trial was based on determining guilt or innocence by having the parties pick representatives (knights) to fight in a duel.

Answer 9

Trial by Combat

Question 10

This type of trial was based on the idea that an accused would require a friend to swear on the Bible that he or she was innocent.

Answer 10

Trial by Oath Helping

Question 11

Tis law is the basis for the English legal system.

Answer 11

Common Law

Question 12

The modern day form of common law which is used to classify all decisions made by judges in todays modern courts is called this.

Answer 12

Case Law

Question 13

A system of land ownership in Britain where the King was at the top, and the noblemen acted as judges over the people in their specific area of land given to them by the monarchy.

Answer 13

The Feudal System

Question 14

Modern day Lawyers stem from this feudal system of solving disputes with champions of justice. This trial system is called

Answer 14

The Adversarial System

Question 15

The concept that kings and queens were given power from God and were answerable to no one is called this

Answer 15

Divine Right

Question 16

In early British law, circuit judges participated in travelling courts called this

Answer 16

Assizes

Question 17

This law outlines the rights, duties, and responsibilities of the people and included laws covering adoption, emigration, treason and secession. It was also the basis for Thomas Jefferson when designing the Declaration of Independence in 1776.

Answer 17

Great Binding Law

Question 18

Indigenous peoples can use this concept or method of justice in order to be given a sentencing circle to face punishment than be given one by a judge in a criminal court.

Answer 18

Restorative Justice

Question 19

Judges of travelling courts during the 13th century were called these.

Answer 19

Circuit Judges

Question 20

This concept allowed judges to refer to previous decisions in count to base their own decision on a similar criminal case. It is called this

Answer 20

Rule of Precedent

Question 21

This charter of political rights signed in England in 1215 states that no one is above the law or beyond prosecution. It is called this

Answer 21

The Magna Carta

Question 22

A latin term that means for a judge to “stand by the decision”.

Answer 22

Stare Decisis

Question 23

A latin term for lawyers meaning “you must have the body” for evidence.

Answer 23

Habeas Corpus

Question 24

In the Canadian law making process, laws are created by this branch of government

Answer 24

Legislative Branch

Question 25

The law is enforced by this branch of government

Answer 25

Executive Branch

Question 26

This branch of government interprets the law in Canada

Answer 26

Judicial Branch

Question 27

This concept is described as the political or legal authority to pass and enforce laws, or the judicial authority to decide on a case.

Answer 27

Jurisdiction

Question 28

What are the 4 characteristics of justice?

Answer 28

1) The law treats similar cases similarly, and different cases differently; 2) the law is unjust if it discriminates on the basis of irrelevant characteristics; 3) justice should be impartial; 4) the law should be just as it should conform to societies values and beliefs

Question 29

This section of the British North America Act grants ‘specific powers’ of jurisdiction to the federal government only. Examples include immigration, mail service, banking and military.

Answer 29

S.91 of BNA Act

Question 30

This section of the British North America Act grants ‘specific powers’ of jurisdiction to the provincial government only. Examples include education, health care, etc.

Answer 30

S.92 of BNA Act

Question 31

This section of the British North America Act grants ‘joint powers’ of jurisdiction between the federal and provincial governments over specific areas.

Answer 31

S.95 of BNA Act

Question 32

The first written set of laws ever created in human history. They set up the idea of ‘an eye for an eye’ for punishment.

Answer 32

Code of Hammurabi

Question 33

This type of law governs the relationship between private individuals and between individuals and organizations. It is called

Answer 33

Private Law

Question 34

This type of law deals with the relationship between people and the government. Furthermore, Constitutional, Criminal and Administrative law all fall under this category of law.

Answer 34

Public Law

Question 35

Our modern day democracy (the right to vote) and the beginning of the jury system comes from this Ancient category of law.

Answer 35

Greek Law

Question 36

Judges can use this type of restorative justice tactic for Indigenous peoples instead of sending them to jail.

Answer 36

Sentencing Circles

Question 37

The basis of Quebec’s civil law comes from this legal document.

Answer 37

The Napoleonic Code

Question 38

The 12 tables are a set of codified (written) laws created by what Ancient society?

Answer 38

Roman Law

Question 39

Federal Powers of jurisdiction can be found in the Constitution Act of 1867. It is also called

Answer 39

The BNA Act of 1867

Question 40

What are the four levels of jurisdiction in Canada?

Answer 40

Federal, Provincial, Municipal, Aboriginal Governing Structures