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LAW30 > Unit 1 Review > Flashcards

Unit 1 Review Flashcards

1
Q

Rule vs Law

A

not all rules are law but all laws are rules

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2
Q

What is Law?

A

crime/punishment
regulation

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3
Q

Rule of Law

A

1) Law is necessary
2) Law applies to all
3) Nobody can take away your rights

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4
Q

Characteristics of Justice

A

1) Treat like cases alike, different cases differently.
2) Discrimination is unjust
3) Laws should be applied impartially
4) Law must reflect societal values

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5
Q

Early British Law

A

emphasis on God

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6
Q

Trial by Ordeal

A

torture

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7
Q

Trial by Oath

A

friends of accused swear innocent

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8
Q

Trial by Combat

A

fight a duel

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9
Q

Adversarial System

A

evidence taken from 2 parties

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10
Q

Feudal System

A

“divine right of kings”
god-given power

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11
Q

common law

A

decisions are made by previous judges

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12
Q

Habeas Corpus

A

request made to bring wrongfully imprisoned person to court for trial

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13
Q

Magna Carta

A

king/government is not above the law

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14
Q

Retribution vs Restitution

A

retribution: justice through avengement
restitution: justice through financial punishment

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15
Q

Mosaic law

A

laws given by God

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16
Q

Greek law

A

birthplace of democracy

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17
Q

Roman law

A

all laws must be written and revisable

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18
Q

Justinian law

A

foundation of modern civil law
term “justice” is derived from

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19
Q

Napoleonic code

A

men>women
est. after french revolution
focused on civil matters

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20
Q

First Nations law

A

recognized rights to land and traditional practices

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21
Q

Iroquois confederacy

A

union of 6 tribes

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22
Q

Sharia law

A

religious regulations for Muslims

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23
Q

Aboriginal customary law

A

specifically affects Indigenous people

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24
Q

Distinguishing a case

A

identifying a case as different to warrant a different decision

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25
Q

statute law

A

law passed by government

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26
Q

jurisdiction

A

legal authority to pass and enforce laws

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27
Q

bylaws

A

laws that deal with local issues

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28
Q

diplomatic immunity

A

status that exempts one from foreign laws

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29
Q

international court of justice

A

part of the UN
settles legal disputes

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30
Q

international criminal court

A

for most serious crimes
(genocide, war crimes, etc.)

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31
Q

“R” for rex

A

Latin for King

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32
Q

plaintiff

A

initiates the case

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33
Q

defendant

A

accused one

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34
Q

legal fiction

A

assumption that something is true

35
Q

international law

A

relations between independent nations

36
Q

domestic law

A

laws within a nation

37
Q

substantive law

A

rights/duties/obligations of citizens and government

38
Q

procedural law

A

prescribed methods of enforcing substantive law

39
Q

public law

A

relationship between individuals and the state

40
Q

administrative law

A

relationship between people and the government

41
Q

criminal law

A

identifies crimes and prescribes punishment

42
Q

private (civil) law

A

relationship between private individuals or organizations

43
Q

tort law

A

holds organizations responsible for damage they cause another person

44
Q

contract law

A

provides rules for agreements

45
Q

family law

A

deals with aspects of family life

46
Q

wills and estates (estate law)

A

branch for division of property after death

47
Q

property law

A

governs ownership rights of property

48
Q

employment law

A

governs employer-employee relations

49
Q

stare decisis

A

Latin, “to stand by things decided”

50
Q

sovereignty

A

supreme power/autonomy

51
Q

state

A

a political unit with sovereignty over a territory

52
Q

dualism

A

treats international and domestic systems separately

53
Q

treaty

A

agreement by negotiation

54
Q

convention

A

an agreement between nations for regulation

55
Q

bilateral

A

involving two parties

56
Q

multilateral

A

includes multiple parties

57
Q

extradition

A

surrendering an individual to another state for punishment for a crime

58
Q

customary law

A

based on traditions/customs

59
Q

codification

A

act of arranging laws into a system

60
Q

ratification

A

formal validation of a proposed law

61
Q

collective security

A

cooperation of nations to strengthen security of each

62
Q

constitution

A

written document containing fundamental rules for a nation/state

63
Q

BNA act

A

British North America Act
(constitution act)

64
Q

federal system

A

same territory is governed by two levels

65
Q

intra vires

A

“inside your power”

66
Q

ultra vires

A

“outside your power”
not authorized

67
Q

statue of westminster

A

strengthened the political system

68
Q

executive branch

A

sets public policy

69
Q

legislative branch

A

power to pass laws

70
Q

the judiciary

A

interprets/applies laws

71
Q

public bill

A

proposed law which applies to everyone

72
Q

private members bill

A

policies introduced in the House of Commons by non cabinet ministers

73
Q

royal commision

A

group chosen by British government to recommend change in law

74
Q

supreme court of canada

A

jurisdiction over all areas of law

75
Q

superior court

A

criminal, civil, family cases

76
Q

provincial court

A

deals with criminal offences

77
Q

canadian charter of rights and freedoms

A

bill of rights and freedoms served to protect citizens

78
Q

fundamental freedoms

A

basic required freedoms

79
Q

democratic rights

A

right to elect the government

80
Q

mobility rights

A

right to move from place to place

81
Q

legal/equality rights

A

no one is above the law

82
Q

double jeopardy

A

prevents double punishment for the same acts

83
Q

language rights

A

freedom to express ourselves through language

LAW30 (1 decks)

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