Unit 1 - Foundations of Law Flashcards
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.
Law
This is the cornerstone of Canada’s Legal system, which states that no person is above the law.
Rule of Law
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…
Justice
Laws that are written down are known as this
Codified
This concept of law is based on vengeance and punishment.
Retribution
This concept is described as payment made by an offender to the victim of a crime. It is called
Restitution
The 10 Commandments belong to this category of law where intent of the crime matters more than just the punishment.
Mosaic Law
This type of trial was based on the belief that if a person passed a tough physical test, God had declared the person innocent.
Trial by Ordeal
This type of trial was based on determining guilt or innocence by having the parties pick representatives (knights) to fight in a duel.
Trial by Combat
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.
Trial by Oath Helping
Tis law is the basis for the English legal system.
Common Law
The modern day form of common law which is used to classify all decisions made by judges in todays modern courts is called this.
Case Law
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.
The Feudal System
Modern day Lawyers stem from this feudal system of solving disputes with champions of justice. This trial system is called
The Adversarial System
The concept that kings and queens were given power from God and were answerable to no one is called this
Divine Right
In early British law, circuit judges participated in travelling courts called this
Assizes
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.
Great Binding Law
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.
Restorative Justice
Judges of travelling courts during the 13th century were called these.
Circuit Judges
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
Rule of Precedent
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
The Magna Carta
A latin term that means for a judge to “stand by the decision”.
Stare Decisis
A latin term for lawyers meaning “you must have the body” for evidence.
Habeas Corpus
In the Canadian law making process, laws are created by this branch of government
Legislative Branch
The law is enforced by this branch of government
Executive Branch
This branch of government interprets the law in Canada
Judicial Branch
This concept is described as the political or legal authority to pass and enforce laws, or the judicial authority to decide on a case.
Jurisdiction
What are the 4 characteristics of justice?
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
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.
S.91 of BNA Act
This section of the British North America Act grants ‘specific powers’ of jurisdiction to the provincial government only. Examples include education, health care, etc.
S.92 of BNA Act
This section of the British North America Act grants ‘joint powers’ of jurisdiction between the federal and provincial governments over specific areas.
S.95 of BNA Act
The first written set of laws ever created in human history. They set up the idea of ‘an eye for an eye’ for punishment.
Code of Hammurabi
This type of law governs the relationship between private individuals and between individuals and organizations. It is called
Private Law
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.
Public Law
Our modern day democracy (the right to vote) and the beginning of the jury system comes from this Ancient category of law.
Greek Law
Judges can use this type of restorative justice tactic for Indigenous peoples instead of sending them to jail.
Sentencing Circles
The basis of Quebec’s civil law comes from this legal document.
The Napoleonic Code
The 12 tables are a set of codified (written) laws created by what Ancient society?
Roman Law
Federal Powers of jurisdiction can be found in the Constitution Act of 1867. It is also called
The BNA Act of 1867
What are the four levels of jurisdiction in Canada?
Federal, Provincial, Municipal, Aboriginal Governing Structures
