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spma 2p96 > Week 1: INTRO TO SPORT LAW > Flashcards

Week 1: INTRO TO SPORT LAW Flashcards

1
Q

Law definition

A
  • Rules that help something function

- Enforced by judiciaries: the court

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2
Q

What are Norms?

A

Common ways of behavior

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3
Q

What are Rules?

A

Created by Government

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4
Q

Why do we have laws?

A
  • to create order
  • to enforce people
  • avoid chaos
  • protect us from other governments
  • society justifications from the wrong
  • guidelines for how were suppose to act
  • an element of justice if people are harmed and the law can address the issue and who goes against the law to get punished
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5
Q

What year was the 1.Constitution and 2.Charter of rights and freedoms created? and what happen?

A
  1. Constitution: 1867
  2. CORAF: 1982
  • 2 different countries came to Canada and colonized
  • France and England

-In 1867 is when Canada become a country. It outlined our government and how the court system will work (structure was created)

  • In 1980 major change: Pierre Trudeau outlined a charter of rights which gave rights and freedoms to Canadians
  • in place to protect us from the government
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6
Q

What is the RULE OF LAW

A
  • Basic rule system (Fairness)
  • Means we are all equal in the eyes of the law and nobody is above the law (race, gender)

-Before the court of law nothing mattered and the court decided what happen to you

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7
Q

Common law is decided by who?

A

Decided by Judges

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8
Q

What is common law?

A

British system

  • decisions made by the judge
  • ties to precedent (state decisions)
  • Judged based decisions evolves over time as judge decided

EX: assault with a weapon: a judge can decide that a hockey stick is a weapon

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9
Q

What is statutory law?

A

French system

  • written hard (codified) laws
  • Interaction of statues and common laws in Canada

EX: Criminal code of Canada

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10
Q

How is federal law treated?

A

Equal across the whole country

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11
Q

What are the 3 middle courts in province from highest to lowest?

A 
Appeal court (highest)
Superior court (middle)
Lower court (lowest)
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12
Q

What is the appeal court?

A
  • to look at the decisions of the lower court and superior court to see if there was
    • error
    • bias decisions
    • can overturn a decision or keep it
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13
Q

What is the superior court?

A
  • 18 month trials

- deals with bigger offences

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14
Q

What is the lower court?

A
  • deals with small crimes, minor offences

- only deals with the laws that are in the province of offence

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15
Q

What is higher than the appeal court?

A

Supreme Court

  • is a national level court
  • deals with world issues and big deal decisions
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16
Q

What is lower then the lower court

A

Tribunals

-doesn’t have all the characteristics like the higher courts do

17
Q

What is private law?

A
  • Related to private interests between individuals and the government is not involved
  • Tort law: Suing

EX: contracts

18
Q

What is public law?

A
  • the government is involved
  • criminal law: seen as the states law has be violate and the country has been harmed

EX: in court cases look like this (R. v. T)
state vs person: Regina v. Tim

19
Q

Does sport organization fall under private or public law?

A
  • Both

- Suing, contracts (a single case can call both)

20
Q

What is Federal Law?

A
  • criminal law across the whole country
  • Us can go state to state fro criminal law

EX: some can have life sentences and some can have death penalties

21
Q

What is Provincial law?

A
  • Provinces can change the law slightly because of the charter of rights and freedoms
  • can use federal laws for guidelines

EX: the humans right code of Canada can be changed to = the Ontario human rights code
-Ontario’s can be different then Alberta’s

22
Q

How are new law established?

A
  • different situations
  • things can occur
  • development of laws around computers, cyberbullying or intimate pictures
  • cause the government can cause their gangsters

EX1: weed becoming legal
EX2: Boxing was legal but martial arts was not because they weren’t wearing padded gloves

23
Q

What’s the major issue in society relating to new laws being made?

A

electing new members into the parliament which change laws

24
Q

How is a bill passed? (8 main stages)

A
  1. write the bill with new law
  2. goes to HOC (house of commons)
  3. bill gets read and discussed
  4. gets voted on
IF YES
(if the bill gets voted in favour it will be looked at more and passes through the HOC to next stage)

IF NO
(if the bill is not noted for they will get other parties to vote on it)

  1. once passed thru HOC senate looks at it
  2. senate approves gets royal approval
  3. queens representative will sign off on it
  4. NEW LAW IS MADE!
25
Q

What is Parliamentary Supremacy? and limits of it

A

WHAT
- the basic notion that the government has power

LIMITS

  • debates with the house
  • senate
  • the court
  • us: we elect the government
26
Q

Who plays the main roles in the Canadian court? (4)

A
  • Judge
  • Jury
  • Prosecution/crown
  • Defence
27
Q

Who is the judge?

A
  • making sure rules of procedure are being followed

- decision maker (referee)

28
Q

What is a jury?

A
  • people who decide if person who committed an offence it guilty or not
  • not all cases have one, people have the option if they want one or not
29
Q

Who is the prosecution/crown?

A
  • they show the violation of the law
  • state the governments case against the person
  • putting fourth a story/theory that the person is guilty
30
Q

Who is the defendant?

A

-the person fighting for the person who committed offence to they say they are not guilty

31
Q

What is a complaint or alligation?

A
  • a complaint about someone that is reported to the police or someone else of authority
  • the state will look at it
32
Q

what is the due process?

A
  • innocent until proved guilty

- they do not mean someone has actually done something

33
Q

What is a burden of proof?

A

-the proof they have to be a lead to establish someone is guilty

34
Q

Discovery and Subpoenas?

A

DISCOVERY

  • different sides can request info from the other side for dirt (documents)
  • by law prosecution has to give them over

SUBPOENAS
-brining in people as witnesses

35
Q

Settlements and Pleas?

A

PLEAS
-bargaining with admitting guilt (can take money if they plea guilty)

SETTLEMENT

  • is non violent/criminal
  • they come to an agreement before they go to trial
36
Q

Liability and Damages?

A
  • Judge determines if they are guilty or not
  • how much they have to pay
  • what suitable damages are
37
Q

Culpability and Sentence?

A

CULPABILITY
-Jury decides if they are guilty of not

SENTENCE
-Jude decides appropriate sentence

38
Q

what is an Appeal?

A
  • both sides can appeal (happens often)
  • they argue judge error and if they haven’t done anything wrong (JUDGE BEING BIAS)
  • new evidence has be discovered
  • a new decisions can be made

spma 2p96 (4 decks)

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