Unit 1 Test Review Flashcards
What are the 5 functions of Law?
- Establishing Rules of Conduct
- Provide a System of Enforcement.
- Protect Rights and Freedoms.
- Protect Society.
- Resolve Disputes.
What are the 3 sources of Law?
- Constitutional Law (limits the power of the govt).
- Statue Law (Law created by elected govt representatives).
- Common Law (Previous legal decisions).
What are the 2 divisions of Law?
Substantive and Procedural Law
What are the 6 types of private Law?
- Family Law
- Contract Law
- Tort Law
- Property Law
- Labour/Employment Law
- Wills and Estate Law
What are the Main Features of Code of Hammurabi?
- one of the first written legal code
- written so they could be easily understood
- classified different types of crimes
- emphasized retribution
What are the Main Features of Mosaic Law?
- Emphasis on leading moral and religious life
- punish the individual (not family)
- theft emphasized restitution
What are the Main Features of Greek Law?
- Ousted monarchy for direct democracy laws admin’d through couch staffed by citizens (no judges/lawyers)
- JURIES rendered sentences
What are the Main Features of Roman Law?
- Formed basis for W. Europe (Not Eng)
- Justinian’s Code, constitutional law, executive law, legislative law, and judiciary
- emphasized equity
What is International Law?
Laws that govern the relationships between states (countries) and in the international community.
What is Domestic Law?
The laws governing activity within the boarders of a country, like Canada.
What is Substantive Law?
Consists of all the laws that list the obligations and rights of each person in society.
What is Procedural Law?
Outlines the steps involved in order to protect the substantive law.
What is the BNA Act of 1867?
It outlined the powers of the Canadian govt to make laws and establish the levels of govt for making law.
What is the Statute of Westminster of 1931?
The Statute of Westminster brought in two important changes, one giving Canada the authority to make its own laws independent of GB (Great Britain).
What is the Supreme Court of Canada of 1949?
- was provided for by the BNA Act.
- prior to 1949 the Supreme Court did not constitute the court of last resort.
- the court formally became the court of last resort for criminal appeals in 1933 and for all other appeals in 1949.
What is the Constitution Act of 1982?
- Added to the amending formula and the Canadian Charter of Rights and Freedoms
- allows Canada to make its own changes to the law
- all except Quebec agreed in 1982
What is the Concurrency?
They are policy areas where the levels of govt share responsibility such as the environment, taxation, and natural resources.
What is Law?
They are a set of legally enforceable rules.
What is Common Law?
The system of law based on past legal decisions.
What is Rule of Law?
It stated that the law applies equally to all persons.
What is Habeas Corpus?
It is a document that is used to determine whether or not someone is being legally detained.
What is the Universal Declaration of Rights?
In 1945 after WWII the United Nations produced a list of human rights and freedom for all people in the Universal Declaration of Human Rights (UDHR).
What 2 revolutions took place that contributed to the development of human rights?
The American Revolution in 1775, and the French Revolution in 1789.
What is the Executive Branch of government?
Executive Branch of the govt is set policy, present budgets to the legislature, propose legislation and implement laws passed by the legislative (Prime Minister and the members of the cabinet).
What is the Legislative Branch of government?
Legislative Branch of government makes laws.
What is the Judiciary Branch of government?
The Judiciary Branch of government is, to act as an independent third party in legal disputes and to clarify the law.
