Use LEFT and RIGHT arrow keys to navigate between flashcards;
Use UP and DOWN arrow keys to flip the card;
H to show hint;
A reads text to speech;
43 Cards in this Set
- Front
- Back
|
Lady Justice |
Blindfold: objective impartial Balancing Scales: rights of an individual vs the obligation as a member of society Sword: power of justice |
|
|
What is justice? |
The concept of moral rightness |
|
|
Defining Law (vs. Rules) |
Law:Mandatory, enforced, consequences Rule:penalties |
|
|
3 guiding principles around the ideas of justice |
Maximize welfare Individual freedoms Promote virtue |
|
|
Substantive law |
rules that outline your rights and obligations in society |
|
|
Procedural law |
The steps/procedure involved in processing a case |
|
|
Public Law |
the relationship between government and people |
|
|
Private Law |
outlines the relationship between private citizens or between citizens and organizations |
|
|
Public-Criminal |
Outlines offenses against society and prescribes punishments |
|
|
Public-Constitutional |
Outlines the structure and powers of the federal and provincial governments |
|
|
Public-Administrative |
It is a set of rules for procedural fairness when taking a complaint to a government |
|
|
Private- Tort |
Holds a person or organization responsible for the damage they cause to another person |
|
|
Private-Family Law |
Regulates aspects of family life |
|
|
Private-Contract |
Outlines the requirements for legally binding agreements |
|
|
Private-Property |
Outlines the relationship between individuals and property |
|
|
Private-Labour |
Between employee and employer |
|
|
Plaintiff |
The person who charges another person |
|
|
Defendant |
Person being accused |
|
|
Common Law |
Judge made law & law based on the past legal decisions |
|
|
Case Law |
Written decisions of judges |
|
|
Stare Decisis |
“Precedent” |
|
|
Precedent |
Legal decision that serves as an example and authority in subsequent and similar cases |
|
|
Appeals |
Applying to a higher court to review a lower court’s decision |
|
|
Code of Hammurabi |
Introduced the concept of retribution |
|
|
Retribution |
Deserved punishment for every wrong --> harsh |
|
|
Mosaic Law |
restitution |
|
|
Restitution |
Paying back the victim for the harm done (compensation) |
|
|
Magna Carta |
Established the rule of law - that all people, including the king, was not above the law & also introduced the right of habeas corpus |
|
|
Habeas corpus |
Document that is used to determine whether or not someone is being legally detained |
|
|
Napoleonic Code |
Based heavily on the Justinian code (Roman laws) |
|
|
Purpose of law |
a. Establioms b. Protect societyshed rules of conduct c. Provide a system of enforcement d. Protect right and freed e. Resolve disputes |
|
|
Explain the role values have in law |
law lags behind public opinion |
|
|
Common law and statute law |
Common: a system of law based on past legal decisions (case law) Statute: law passed by legislative body (parliament passes laws à statute) |
|
|
Why was Canadian Bill of Rights needed |
Needed to be written down → written in stone so nothing could happen like WWII |
|
|
Jurisdiction |
Law making power |
|
|
Jurisdictions- Federal gov |
Taxation, criminal law, immigration, postal, banking ect… |
|
|
Jurisdictions-Provincial gov |
Direct taxation, public lands and timber, establishment and maintenance of hospitals, public education ect… |
|
|
Jurisdictions-Municipal |
Bylaws, permits and licenses, public works, waste and recycling ect… |
|
|
3 branches of government |
Executive, Legislative & Judicial |
|
|
Executive |
enact and enforce laws & responsible for departments |
|
|
Legislative |
make and pass laws |
|
|
Judicial |
interpret the law, apply the law, resolve conflicts |
|
|
How is a law passed? |
1st reading: bill introduced to cabinet minister, 1st vote 2nd reading: bill introduced again, debated, 2nd vote Committee stage: bill sent to a select committee, standing committee or committee of the whole House, bill studied in detail & changes made 3rd reading: Bill briefly debated, 3rd vote Senate: 3 readings & committees à super similar to what happened in the HOC Royal Assent: signs bill to became a law |
