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30 Cards in this Set
- Front
- Back
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What is substantive law? |
Statute, case, and common |
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What is statute law? |
Any law passed by gov't |
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What is case law? |
How courts interpret and enforce statute law |
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What is common law? |
Historical rules of conduct (Basis of tort law) |
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What is procedural law? |
Rules by which substantive laws are enforced. Ex. Police & search warrants |
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What is the difference between substantive and procedural law? |
Who they effect. Substantive: Everyone Procedural: Gov't |
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3 types of public law |
Administrative, constitutional, and criminal |
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3 types of private (civil) law |
Tort, family, and employment |
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What is citation? |
Name of a court case |
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Pyramid of law |
1. Constitutional (CRF) 2. Statute (C.C) 3. Regulations and acts (highway traffic act) 4. Case & common (R v Smickle) |
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Court levels |
Supreme Court of Canada (9 Judges)
Ontario Supreme Court ( [3] 5 judges)
Superior court (1 judge) + Provincial Court (Judge&Jury) |
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Why was the code of Hammurabi significant? |
1st codification |
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What is codification? |
Organized writing down of laws |
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Why was codification important? |
-Laws became permanent & known -Consequences written, known, equal punishment -In public eye, therefore known to all |
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What 2 consequences came out of the code of Hammurabi? |
Retribution: payback through punishment (an eye for an eye)
Restitution: payback through compensation($)
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What is mosaic law? |
-The law of mosses -10 commandments -book of Exodus, Leviticus |
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What is important about mosaic law? |
Law as a moral educator |
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What are 4 significant occurrences in Roman Law? |
1. 12 tables 2. Legal split 3. Advocatus 4. Justinian Code |
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Explain 12 tables |
-12 types of law -categorized laws into different types (criminal, property, religion, etc) -12 tables displayed in forum of each city |
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Explain the legal split |
-create public & private law -gov't is not required in all business of its citizens |
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Explain Advocatus |
-someone to speak for you -lawyers -pro bono publico (for the good of the public) |
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Explain the Justinian Code |
-justice (system) -unified legal code for entire empire >the law of the land (one law to follow) (obey the laws of jurisdiction) >jurisdiction (area of legal authority) -Basis of most legal systems |
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What does English law introduce? |
-Development of case law -Establishes feudalism |
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What is feudalism? |
-The king makes the law and is above the law -kings law is the same throughout the land -Kings law is enforced by the barons through the manor courts |
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What was the problem(s) with the manor courts? |
-The barons are soldiers, land owners, rich; NOT lawyers -unequal justice -people distrust the courts -enforcement is inconsistent -court uses inquisitorial process |
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3 parts of the inquisitorial process |
1. Presumption of guilt- defendant must provide proof they aren't guilty 2. One-sided process- defendant is tried, not the evidence 3. Compurgators- character based evidence >character based evidence >class based >paid witness |
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Importance of the court of assizes |
-panel of trained legal experts (judges) -travel the kingdom hearing each case (less bias: don't get to know the village folk) -during their travels, the wrote down each case and decision >case law- use of precedent |
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What key term came from the court of assizes? |
Stare decisis -consistency -decision given before |
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3 parts to the adversarial process |
1. Presumption of innocence-need proof before you can be taken to court 2. Crown must provide proof 3. Witnesses not character based |
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What was king John forced to sign? |
The Magna Carta |
