Unit 1 Questions Flashcards
All crimes are found in what document?
Criminal code of Canada
“R” in a case citation stands for this.
Regina or Rex
What are the 3 sources of Law in Canada?
Constitutional, Statute, Common Law
What does it mean to ‘distinguish a case’?
Setting a new precedent. Changing a law over time as morals and technologies change.
How are rules different from laws?
The main difference between rules and laws is the consequences associated with breaking them. While each is developed to invoke a sense of order, fair play, and safety, the weight of a law is much heavier than the weight of a rule. Laws are like the legal version of rules.
What are the 3 aspects of the rule of law?
Laws are necessary to regulate. Law applies equally to everyone. Nobody is above the law.
Describe the importance of the Magna Carta.
it established the principle that everyone is subject to the law, even the king, and guarantees the rights of individuals, the right to justice and the right to a fair trial.
How has case law evolved since the reign of Henry II?
Similar cases treated similarly, different treated different. Make the law more uniform or more consistent. Travelling courts, judges. Writing laws down.
