Unit One - Heritage Flashcards
Laws are needed to:
- limit bad behaviour
- reflect morality of a society
- provide consequences for unwanted behaviours
- a system to settle disputes
Define Laws
Rules that have been passed by and that will be enforced by the government
A law is:
- mandatory for all countries
- involve a detailed system of consequences
- a reflection of society’s values and beliefs (will change as society changes)
What are the five principles of law?
- Applies to everyone Equally
- Benefit of All
- Ensure a safe and orderly Society
- Changed in a lawful and orderly manner
- Guaranteed fundamental justice
State the first principle of law
The rule of law applies to everyone equally in Canada - regardless of their gender, social status or background. No one is ‘above’ the law.
State the second principle of law
Laws are made for the benefit of all members of society, not for the sole benefit of a few in positions of power.
State the third principle of law
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.
State the fourth principle of law
Laws must be changed in a lawful and orderly manner by the elected representative of our country.
State the fifth principle of law
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.
Name the functions of law
- 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
Sets out rights and responsibilities
Everyone must respect the rights and responsibilities to ensure a fair society
They are outlined in government documents
Helps us avoid and settle disputes
The law tells us what someone is not allowed to do
If someone wrongs someone, the law helps clarify who is at fault
Maintains order and protection
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
Provides remedies
If someone is wrongfully tried, convicted or charged, the law helps to provide compensation and how it should be remedied
Sets up the structures of government
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
Directs how to make laws
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
Significance of Babylonian law
- first example of codified law
- most famous for their concept of retribution
- earliest example of the presumption of the innocence
Mosaic law
- 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
Significance of Greek law
- 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
Roman law
- 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)
What is justice?
- law must be recorded
- the decisions cannot solely be that of one person/ judge
British common law?
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
Magna Carta
- 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
Significance of the Magna Carta
- established the rule of law
- first example of a constitution
- no one was above the law
