Unit 1 Review Flashcards
Rule vs Law
not all rules are law but all laws are rules
What is Law?
crime/punishment
regulation
Rule of Law
1) Law is necessary
2) Law applies to all
3) Nobody can take away your rights
Characteristics of Justice
1) Treat like cases alike, different cases differently.
2) Discrimination is unjust
3) Laws should be applied impartially
4) Law must reflect societal values
Early British Law
emphasis on God
Trial by Ordeal
torture
Trial by Oath
friends of accused swear innocent
Trial by Combat
fight a duel
Adversarial System
evidence taken from 2 parties
Feudal System
“divine right of kings”
god-given power
common law
decisions are made by previous judges
Habeas Corpus
request made to bring wrongfully imprisoned person to court for trial
Magna Carta
king/government is not above the law
Retribution vs Restitution
retribution: justice through avengement
restitution: justice through financial punishment
Mosaic law
laws given by God
Greek law
birthplace of democracy
Roman law
all laws must be written and revisable
Justinian law
foundation of modern civil law
term “justice” is derived from
Napoleonic code
men>women
est. after french revolution
focused on civil matters
First Nations law
recognized rights to land and traditional practices
Iroquois confederacy
union of 6 tribes
Sharia law
religious regulations for Muslims
Aboriginal customary law
specifically affects Indigenous people
Distinguishing a case
identifying a case as different to warrant a different decision
statute law
law passed by government
jurisdiction
legal authority to pass and enforce laws
bylaws
laws that deal with local issues
diplomatic immunity
status that exempts one from foreign laws
international court of justice
part of the UN
settles legal disputes
international criminal court
for most serious crimes
(genocide, war crimes, etc.)
“R” for rex
Latin for King
plaintiff
initiates the case
defendant
accused one
legal fiction
assumption that something is true
international law
relations between independent nations
domestic law
laws within a nation
substantive law
rights/duties/obligations of citizens and government
procedural law
prescribed methods of enforcing substantive law
public law
relationship between individuals and the state
administrative law
relationship between people and the government
criminal law
identifies crimes and prescribes punishment
private (civil) law
relationship between private individuals or organizations
tort law
holds organizations responsible for damage they cause another person
contract law
provides rules for agreements
family law
deals with aspects of family life
wills and estates (estate law)
branch for division of property after death
property law
governs ownership rights of property
employment law
governs employer-employee relations
stare decisis
Latin, “to stand by things decided”
sovereignty
supreme power/autonomy
state
a political unit with sovereignty over a territory
dualism
treats international and domestic systems separately
treaty
agreement by negotiation
convention
an agreement between nations for regulation
bilateral
involving two parties
multilateral
includes multiple parties
extradition
surrendering an individual to another state for punishment for a crime
customary law
based on traditions/customs
codification
act of arranging laws into a system
ratification
formal validation of a proposed law
collective security
cooperation of nations to strengthen security of each
constitution
written document containing fundamental rules for a nation/state
BNA act
British North America Act
(constitution act)
federal system
same territory is governed by two levels
intra vires
“inside your power”
ultra vires
“outside your power”
not authorized
statue of westminster
strengthened the political system
executive branch
sets public policy
legislative branch
power to pass laws
the judiciary
interprets/applies laws
public bill
proposed law which applies to everyone
private members bill
policies introduced in the House of Commons by non cabinet ministers
royal commision
group chosen by British government to recommend change in law
supreme court of canada
jurisdiction over all areas of law
superior court
criminal, civil, family cases
provincial court
deals with criminal offences
canadian charter of rights and freedoms
bill of rights and freedoms served to protect citizens
fundamental freedoms
basic required freedoms
democratic rights
right to elect the government
mobility rights
right to move from place to place
legal/equality rights
no one is above the law
double jeopardy
prevents double punishment for the same acts
language rights
freedom to express ourselves through language