Unit One - Heritage

Question 1

Laws are needed to:

Answer 1

• limit bad behaviour
• reflect morality of a society
• provide consequences for unwanted behaviours
• a system to settle disputes

Question 2

Define Laws

Answer 2

Rules that have been passed by and that will be enforced by the government

Question 3

A law is:

Answer 3

• mandatory for all countries
• involve a detailed system of consequences
• a reflection of society’s values and beliefs (will change as society changes)

Question 4

What are the five principles of law?

Answer 4

• Applies to everyone Equally
• Benefit of All
• Ensure a safe and orderly Society
• Changed in a lawful and orderly manner
• Guaranteed fundamental justice

Question 5

State the first principle of law

Answer 5

The rule of law applies to everyone equally in Canada - regardless of their gender, social status or background. No one is ‘above’ the law.

Question 6

State the second principle of law

Answer 6

Laws are made for the benefit of all members of society, not for the sole benefit of a few in positions of power.

Question 7

State the third principle of law

Answer 7

The laws of Canada are necessary to ensure a safe and orderly society - where individuals have freedom from unnecessary restraint, but also responsibility to maintain the system and the rights of others.

Question 8

State the fourth principle of law

Answer 8

Laws must be changed in a lawful and orderly manner by the elected representative of our country.

Question 9

State the fifth principle of law

Answer 9

Every citizen is guaranteed fundamental justice in our country. We have the right to fair and impartial hearings if we break a law. This is HABEAS CORPUS. These hearings must acknowledge the legal rights guarantees to us in the Charter of Rights and Freedoms.

Question 10

Name the functions of law

Answer 10

• sets our rights and responsibilities
• helps us avoid and settle disputes
• maintains order and provides protection
• provides remedies
• sets up the structures of government
• directs how to make laws

Sally helped Mary pet Suzy’s dog

Question 11

Sets out rights and responsibilities

Answer 11

Everyone must respect the rights and responsibilities to ensure a fair society

They are outlined in government documents

Question 12

Helps us avoid and settle disputes

Answer 12

The law tells us what someone is not allowed to do

If someone wrongs someone, the law helps clarify who is at fault

Question 13

Maintains order and protection

Answer 13

Laws keep society in order

Ensures people are safe & protected

Ensure that people who have power do not take advantage of those who have less power

Question 14

Provides remedies

Answer 14

If someone is wrongfully tried, convicted or charged, the law helps to provide compensation and how it should be remedied

Question 15

Sets up the structures of government

Answer 15

The law outlines how the government must be structured

Each branch has their own responsibilities they must fulfill to ensure that society runs smoothly

Three branches of government:

• judicial
• legislative
• federal

Question 16

Directs how to make laws

Answer 16

Canada is a democracy, therefore people get to have a say as to what laws should be introduced or change

This ensures that no law is passed that is unnecessary or unimportant

Question 17

Significance of Babylonian law

Answer 17

• first example of codified law
• most famous for their concept of retribution
• earliest example of the presumption of the innocence

Question 18

Mosaic law

Answer 18

• Canadian law still takes concepts from the 10 commandments the most famous being “thou shalt not steal” and “thou shalt not kill”
• commandments expressed a concern for all people, including the poor, and made for a more inclusive society

Question 19

Significance of Greek law

Answer 19

• used jury’s to decide on the innocence or guilt of people (501, 1001, 1501, always odd numbers to avoid ties)
• focused mostly on the case standing before them rather than precedents (cases before)
• the idea of being judged by peers or equals was presented
• voted on guilt or innocence

Question 20

Roman law

Answer 20

• the idea of lawyers was introduced
• Significant influence on french civil law
• English common law heavily draws from Roman law for the terms used (Latin terms)

Question 21

What is justice?

Answer 21

• law must be recorded

- the decisions cannot solely be that of one person/ judge

Question 22

British common law?

Answer 22

Precedent/ common law: the idea and method of judging cases of the same caliber and using past results to determine the punishment/decision for a person

Question 23

Magna Carta

Answer 23

• king John II was being a dick
• people forced him to sign something that was like “you’re not above the law”
• rule of law was lowkey born

Question 24

Significance of the Magna Carta

Answer 24

• established the rule of law
• first example of a constitution
• no one was above the law

Question 25

Québec?

Answer 25

• still uses stuff from napoleonic code

- doesn’t use like common law or something idk

Question 26

Name some jurisdictions of the federal government

Answer 26

• mail services
• police (RCMP)
• transportation
• creation of laws
• courts
• economy/currency
• political stuff

Question 27

Name some jurisdictions of the provincial government

Answer 27

• marriage licensing
• education
• police (OPP)
• transportation

Question 28

Name some jurisdictions of the upper tier municipal government

Answer 28

• transportation
• snow removal
• waste disposal

Question 29

Name some jurisdictions of lower tier municipal government

Answer 29

• city planning
• parks
• transportation
• animal services