Unit 1 – History of Law Flashcards

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1
Q

Rules vs Laws

A
  • Laws are for everyone, have punishments, and are necessary, rules are not.
  • Not all rules are law, law is all rules
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2
Q

What is law

A
  • Regulations of social, political, and economic activities
  • A reflection of the values and beliefs of society at a time
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3
Q

International law

A

Relations between independent nations

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4
Q

Domestic law

A

Law that governs activity within a nation’s borders

  • Ex. Constitutional, Statute, & Case Law
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5
Q

Substantive law

A

Rights, duties, and obligations of citizens and government

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6
Q

Procedural law

A

Methods of enforcing the rights and obligations of substantive law

  • Steps that must be followed in any legal action
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7
Q

Public law

A

Relationships between government and its citizens

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8
Q

Constitutional law

A

Law dealing with the distribution and exercise of government powers

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9
Q

Administrative law

A

Law between people and government agencies

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10
Q

Criminal law

A

Defines crime and punishment

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11
Q

Private law

A

Law between individuals and organizations and
corporations

  • Ex. civil law
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12
Q

Tort law

A
  • Holds people and private organizations responsible for damage they cause another person as a result of accident (negligence) or deliberate action
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13
Q

Family law

A

Marriage, custody, support of children, divorce, division of property

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14
Q

Wills & estates

A

Division of property after death

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15
Q

Employment law

A

Rights of employee and employer

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16
Q

Property law

A

Ownership rights in all property

17
Q

Contract law

A

Rules regarding agreements between people and businesses

  • Especially when people purchase goods or services
18
Q

Origins of Canadian law

A
  • Originated from early british law, common law, feudal system, Magna Carta, Indigenous law
  • Each contributed their own parts to it, making what we have now
19
Q

How is Canadian law shaped by previous laws?

A
  • If repealed already, legal precedent still allows them to influence todays law a little
  • Still influenced by previous common law, british law, etc.
20
Q

Historical periods of law

A

Hammurabi

  • Early first recorded written law
  • Governed laws of Babylonian citizens

Romans

  • Lawyers
  • Justinian code

Napolean

  • Simplified law, made it more understandable
  • Spread very quickly throughout Europe

Magna Carta

  • Basic individual rights
  • Rule of Law
21
Q

What is the rule of law

A
  • Law is equal and applied to everyone, regardless of status, etc.
  • Law is equal and cannot restrict rights, etc.
22
Q

Common law vs statute law

A
  • Common law is based on precedent and previous rulings
  • Statute law is written law made by the government, like parliment