Unit 1 Test Flashcards

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1
Q

What is law?

A

Government rules for peace, order, and protection.

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2
Q

Who makes the law?

A

Government / Parliament

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3
Q

What’s the purpose of law?

A

To guide behavior, solve problems, and keep peace.

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4
Q

Main sources of law:

A
  1. Written constitution
  2. Statue Law: created by legislature
  3. Case Law: created by judges
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5
Q

Secondary sources of law:

A

Magna Carta
Roman law
Canon law
Writings of legal scholars
Community standards

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6
Q

Common law:

A

Judges make rules by past cases.

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7
Q

Magna Carta did what?

A

People deserve a quick trial, and everyone is equal.

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8
Q

True or False:
British Law has had the most influence on Canada.

A

True

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9
Q

Trial by Oath Helping:

A

Making friends to swear on the bible that a person was innocent

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10
Q

Trial by Combat:

A

Two people involved in a dispute do a duel. God would be on the side of the innocent

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11
Q

Adversarial System:

A

Two sides of a dispute are given lawyers. A judge and jury determine guilt or innocent

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12
Q

The Feudal System:

A

William the Conqueror. Divided up the land into parcels and gave the parcels to noblemen. Noblemen were responsible for enforcing law on their property, which resulted in unfair treatment from one place to the next.

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13
Q

Trails by ordeal:

A

Physical tests result in pain and sometimes death.

If someone was innocent god would protect them.

Very unfair

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14
Q

Trail by combat:

A

People would fight using swords or other types of weapons to the death or until they can not anymore.

God would grant victory to the innocent party

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15
Q

Natural law:

A

Studying nature, guided by human reason, would reveal the true meaning of law and morality.

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16
Q

What’s Canada’s highest court?

A

Supreme Court of Canada, with the most authority.

17
Q

What is Positive Law?

A

Law based on human authority and reason, not divine origin

18
Q

Explain the court structure.

A

Supreme Court of Canada (highest authority)
Courts of Appeal
Trial/Superior Courts
Provincial Courts (handling regular matters and everyday issues)

19
Q

What is a legal right?

A

A legal right is something that must be consistently and cannot be given and then taken away.

20
Q

Can rights have limitations, and why?

A

Rights can have limitations. Important rights conflict or are impossible to honour simultaneously, limits may be placed on one or both to achieve a balance.

21
Q

How do rights and freedoms differ?

A

Rights have a duty to protect them, while freedoms mean no one should interfere with what you want to do.

22
Q

Who do Fundamental Freedoms apply to?

A

Fundamental Freedoms apply to everyone, while some rights, like democratic and mobility rights, are specific to Canadian citizens.

23
Q

How are conflicting rights resolved?

A

Depending on the case’s circumstances, finding a fair compromise that respects both rights and society’s well-being.

24
Q

What happens if a legal right is not honoured?

A

If a legal right isn’t honoured, you can use the law to fix the issue and ensure your rights are upheld.

25
Q

How are freedoms different from rights in terms of enforcement?

A

Freedoms aren’t actively enforced by others. There’s no duty for someone else to make sure it’s honoured