Unit 1 - Legal Foundations Pt. 3

Question 1

Code of Hammurabi

Answer 1

Retribution - Justice based on vengeance + punishment… TODAY’S CRIMINAL LAW

Restitution - Payment from offender to victim… TODAY’S CIVIL LAW

Question 2

Mosaic Law

Answer 2

Largely seen as offences against God than society.
Form of restitution&raquo_space;» retribution

Question 3

Roman Law

Answer 3

• Equity & RULE OF LAW
• Public trials, victim compensation, legal experts for counsel
• LAWYERS
• Brought to England –> foundation of modern law

Question 4

Greek Law

Answer 4

• 1st democracy
• 1st JURY DUTY
• Citizen participation + trial by jury are in the CANADIAN CHARTER OF RIGHTS AND FREEDOMS

Question 5

Feudalism

Answer 5

• Influenced today’s property laws
• PRECEDENT
• English common law

Question 6

BNA Act - 1867

Answer 6

• Unified Ontario, Quebec, NS, NB
• Outlined gov powers to make laws
• Established levels of gov for making laws (fed. & prov)

Question 7

Section 91 - BNA Act

Answer 7

Gave FEDERAL gov powers:
- Criminal Law
- Unemployment Insurance
- Blacking currency, coinage

Question 8

Section 92 - BNA Act

Answer 8

Gave PROVINCIAL gov powers:
- Property & Civil Laws
- Marriage ceremonies
- Highways + roads

Question 9

Residual Powers

Answer 9

All leftover power to the central gov.

Question 10

Statue of Westminster - 1931

Answer 10

• Gave Canada control over foreign affairs
• Changed BNA Act, allowing Canada to make laws independently
• Ended Canada’s colonial status

Question 11

Supreme Court of Canada - 1949

Answer 11

Became Canada’s highest court.

Question 12

Constitution Act - 1982

Answer 12

• Amending formula = Complete independence
  
  • 7/10 provinces representing at least 50% of
    population & Canadian Parliament must
    agree
• Canadian Charter of Rights and Freedoms
• Principle of Equalization
• Principle of National Resources

Question 13

The Royal Proclamation

Answer 13

• English law & courts replace French system
• Allowed to speak French + practice Catholic religion

Question 14

WHY did the British gov. make the Proclamation?

Answer 14

• To ensure English laws, language, + religion in Quebec
• To attract more British settlers to Quebec
• To protect the fur-trade = gain confidence of Indigenous peoples

Question 15

Structure of gov under the Royal Proclamation

Answer 15

1. King - Absolute Power
2. Governor - Supervised colony affairs
3. Executive Council - Advised Governor of colony affairs

Question 16

The Quebec Act of 1774

Answer 16

• Repealed Royal Proclamation
• Catholicism protected
• French civil laws, English criminal laws

Question 17

Problems w/ the BNA Act

Answer 17

• No authority to pass laws
• Unable to amend constitution
• Lack of clarity of division of powers
• CIVIL LIBERTIES OF CNDS NOT PROTECTED