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Law > Vaocabulary chapter 1 > Flashcards

Vaocabulary chapter 1 Flashcards

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1
Q

Adversarial System

A

two advocates represent their parties’ positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case

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2
Q

Assizes

A

Travelling Courts around England

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3
Q

Case/Common Law

A

Law developed by judges through similiar decisions occuring before.

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4
Q

Circuit judges

A

judges travelling aound England with Assizes.

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5
Q

Code of Hammurabi

A

-One of the first known written laws (Babylonian law 1792-1750 BC).
-It was written by king Hammurabi of Babylon
to guide the lives of his citizens.

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6
Q

Code of Li K’vei

A

-Chinese laws written around 350 BC.
-These laws dealt
with theft, robbery, prison and arrest.

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7
Q

Codified

A

-arranging or organizing laws, rules or procedures into a system or codes.

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8
Q

Divine Right

A

-Belief that kings & their heirs derived the right to rule directly from the will of God.

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9
Q

Great Laws of Manu

A
  • Indian laws compiled b/w 1280-880 BC.

- Previously were passed through the word of mouth.

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10
Q

Habeas Corpus

A
  • You must have the body
  • Anarrested person had to be presented before the court to determine the legitimacy of the arrest.
  • component of the Magna Carta
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11
Q

Justinian’s Code

A
  • Clarification & organization of Roman law commissioned by Justinian I.
  • Inspired the modern concept of justice.
  • Formed the basis of civil law (law governing personal relationships).
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12
Q

Magna Carta

A
  • Charter of political & civil rights
  • Established the rule of law
  • King John (Henry II’s son) signed the Magna Carta in June 1215.
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13
Q

Mosaic Law

A
  • Moses received laws from God.
  • known as the 10 commandments
  • In the book of exodus in the bible.
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14
Q

Napoleonic Code

A
  • Civil law of France completed in 1804.
  • popular b/c of its non-technical style made the law accessible to the public.
  • Quebec Civil code was based off of this code.
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15
Q

Quebec Civil Code

A
  • System of law used in Quebec to resolve private matters.

- formed off of the Napoleonic Code.

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16
Q

Restitution

A

Payment made by the offender to the victim of a crime.

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17
Q

Retribution

A

Justice based on vengeance & punishment.

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18
Q

Rule of Law

A
  1. Law is necessary to regulate society
  2. Law applies to everyone equally
  3. People are not governed by arbitrary power
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19
Q

Rule of Precedent

A
  • Applying a previous decision to a case that has similar circumstances.
  • originated from the latin phrase “Stare Decisis”.
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20
Q

Stare Decisis

A

-Latin phrase meaning “to stand by a decision”.

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21
Q

The Great Binding Law

A

In apprx. 1450 AD, 5 aborigional nations created an Iroquois Confederacy (league of nations).

  • In 1720 the Tuscarora joined and the confedracy becaume known as the Six Nations.
  • The constitution of the confederacy became known as the Great Binding Law.
  • Outlined the laws of its people.
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22
Q

Trial by combat

A
  • 2 parties ingage in a dual
  • God would be on the side of the innocent.
  • Adversarial System is based on the past idea of having someone physically fight in one’s place (2 opposing parties present evidence to an impartial judge).
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23
Q

Trial by oath helping

A

-If people who knew the accused would swear an oath on the bible that the accused was innocent, the accused was freed.

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24
Q

Trial by ordeal

A
  • Accused underwent torture to determine guilt or innocence.
  • God was the judge
  • Used when a judge could not reach a verdict of guilt or innocence.
25
Q

Administrative Law

A

Law related to the relationship b/w people and government departments, boards, and agencies.

26
Q

Bylaws

A

Laws that deal with local issues (passed by municipal governments)

27
Q

Civil/private Law

A

Law governing the relationships b/w private individuals & b/w individuals - organizations

28
Q

Constitutional Law

A

Body of law dealing with the distribution and exercise of government powers

29
Q

Contact Law

A

Branch of civil law that provides rules regarding agreements b/w people - business

30
Q

Criminal Law

A

Law that identifies crimes & prescribes punishment

31
Q

Distinguishing a case

A

Identifying a case as being sufficiently different from previous cases as to warrant a different decision.

  • Happens if:
    1. One judge does not agree with another
    2. The current case involves new technology
    3. Past precedent is no longer applicable today
32
Q

Domestic Law

A

Law that governs activity within a nation’s borders

33
Q

International Law

A

Law that governs relations b/w independent nations

34
Q

Jurisdiction

A

-The political or legal authority to pass and enforce laws within a territorial range.

35
Q

Procedural Law

A

Law that prescribes the methods of enforcing the rights & obligations of substantive law.

36
Q

Property Law

A

Branch of civil law that governs ownership rights in property.

37
Q

Public Law

A

Law related to relationships b/w individuals & the state.

38
Q

Statute Law

A

Law or Act passed by the government.

39
Q

Substantive Law

A

Law that defines the rights, duties, and obligations of citizens & government.

40
Q

Tort Law

A

Branch of civil law that holds persons or private organizations responsible for the damage they cause another person as a result of accidental or deliberate action.

41
Q

Amending Formula

A

Procedure for changing the Constitution

42
Q

Bill

A

Proposed legislation

43
Q

Canadian Charter of Rights and Freedoms

A

A section of the Constitution Act (1982) which sets out constitutionally protected rights and freedoms.

44
Q

Civil Liberties

A

Basic individual rights protected by law, such as freedom of speech.

45
Q

Executive Branch

A

Administrative branch of Government responsible for carrying out the governments plans and policies.

46
Q

Federal System

A
  • Two level system of governing.

- Central gov. and prov. gov.

47
Q

Government or Public Bill

A

Legislation proposed by a Cabinet minister.

48
Q

Intra Vires

A

Within the power of government to pass laws (within jurisdiction).

49
Q

Ultra Vires

A

Beyond the power of government to pass las (outside jurisdiction).

50
Q

Judiciary

A

The branch of government responsible for presenting over Canada’s court system.

51
Q

Legislative Branch

A

Branch of government that has the power to make, change and repeal laws.

52
Q

Lobby Groups

A

People who try to influence legislators in favour of their cause.

53
Q

Patriate

A

To bring legislative power under the authority of the country to which it applies.
-Pierre Trudeau’s mandate was to partiate and bring home the constitution to Canada.

54
Q

Principle of Equalization

A

Section 36 of the Constitution Act (1982) which provides for equal access to essential services for all Canadians.

55
Q

Private Members Bill

A

Legislation proposed by an MP who is not in the Cabinet.

56
Q

Residual Powers

A

Federal responsibility to make laws in legislative areas not assigned to the provinces.
-Ex. Taxing, Banking, Citizenship, post service

57
Q

Shared Cost Agreements

A

Agreements b/w the 2 levels of government to share the cost for programs in areas not identified in the BNA Act (1982).

58
Q

Statute of Westminster

A

Legislation passed in Britain that extended Canada’s law-making powers.
-Allowed Canada to make its own independent laws without Britain.

59
Q

Unitary System

A
  • One level System of governing.

- Britain had it and Canada tried but geographically was too big.

Law (5 decks)

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