Unit 1 Textbook Questions Flashcards
Why are laws necessary in society?
Laws provide a framework within which all members of society must behave. Laws give us the ability to do what we want, as long as our activities do not interfere illegally or unreasonably with the activities of others. They keep peace and order within a society.
What causes laws to change?
Laws change because the world is changing. People’s morals, priorities, and values change. Technology changes. A response to real and perceived threats.
List 4 main functions of law?
• settling disputes or disagreements
• establishing rules of conduct
• protecting rights and freedoms
• providing protection for society
What is the importance of the Code of Hammurabi in legal history?
Hammurabi recognized the need to take nearly 300 laws and present them in a recorded form understandable to all citizens. It followed the principal that the strong should not injure the weak and that the punishment should fit the crime.
Concept of retribution, “an eye for an eye. A tooth for a tooth”
How did Mosaic law differ from the code of Hammurabi?
The Mosaic law punished with restitution while the Code of
Hammurabi was retribution and is more violent. The Mosaic also gives high regard to family and especially parents. Mosic law was more based on religion while the Code of Hammurabi talked about crime, labour, etc.
Define the concepts of retribution and restitution. How do they differ?
Retribution: the concept of “an eye for an eye”
Restitution: offender repaying the victim for goods stolen
What is the Justinian Code? How does it influence Canadian law?
The Justinian Code is Roman laws that were strengthened when the Roman emperor Justinian codified 1000 years of Roman laws. The code was a collection of past laws, opinions from leading Roman legal experts, and new laws enacted by Justinian. It became the basis of the law in Quebec.
What is another name for the French Civil code? How did it get to Canada? Why is it significant in Canada today?
Another name for the French Civil code is the Napoleonic Code. The code got to Canada by French immigrants. It is significant to Canada today because it is the basis of Quebec law.
Why does Canada have 2 legal systems today? What are they?
We have two legal systems because they’re based on the French and English legal systems. The two legal systems are common law and civil law.
Why were the King’s courts, the local assizes, preferred to the manor courts?
They were preferred because while in the manor courts you could be sentenced to death for the same crime, the local assizes would sentence them to make restitution. They were also more consistent, equitable, and judges make decisions instead of lords.
What is the rule of precedent?
“To stand by earlier decisions”
List 2 advantages and 1 disadvantage of following precedent in reaching court decisions.
Pros: introduces a degree of certainty and courts act impartially.
Cons: unfair results and may be a problem if the precedent is not recent.
What is a citation? How do you distinguish between a criminal and civil code?
Each recorded case is given a title or citation. It lists basic information on who is involved, public or private law, year the court decision was reached, which court heard the case, and specific information on the law report in which the decision appears.
Criminal = king or queen against someone
Civil = someone vs. someone (plaintiff)
What is common law?
Body of law created by the decisions of judges. Arises as precedent.
What are the characteristics of the Rule of Law?
• No one is above the law
• everyone is accountable to the same set of laws
• judges are independent and unbiased
• trails happen in public > transparency
• access to competent legal representation (lawyers)
