Intro To Canadian Law Unit 1 Test Review

Front 1

What are the 4 Main Functions of the Law

Back 1

1.) To help resolve disputes peacefully

2.) To establish rules of conduct

3.) To protect rights and freedoms

4.) To provide protection for all members of society

Front 2

4 Main Functions of the Law: To Help Resolve Disputes Peacfully

Back 2

- Disputes between individuals are resolved in a fair/ peaceful manner through discussions/negotiations

- OR through the court system

Front 3

4 Main Functions of the Law: To Establish Rules of Conduct

Back 3

- Law is needed as a set of rules to instruct us on what we can and cannot do

- Imposes limitations on our behaviour in an attempt to reduce conflict and maintain peace/order in society

- By establishing rules Law brings in a sense of predictability to life

- Tells us how to behave and also gives us a sense of security

Front 4

4 Main Functions of the Law: To Protect Rights and Freedoms

Back 4

- Laws outline prohibited actions and penalties potentially limiting rights and freedoms of an individual

- Laws ensure that the limitations placed on our rights/ fredoms are not taken too far

Front 5

4 Main Functions of the Law: To Provide Protection for All Members of Society

Back 5

- Laws are needed to protect you and others from people or groups who might take advantage/ harm you

- The Law cannot be enforced at all times but enough enforcement is needed so that most people consistlent obey the rules

-IF Disobeying the rules becomes a habit, the need for additional enforcement increases

Front 6

Substantive Law Definition

Back 6

Consists of all laws that list the rights and obligations of each person in society.

(Also known as the "Substance of the Law")

Front 7

Procedural Law Definition

Back 7

Outlines the steps involved in protecting the rights given under substantive law.

(Also known as the "Process of Law")

Front 8

Public Law Definition

Back 8

Controls the relationships between governments and the people who live in society. It represents laws that apply to all individuals.

(Criminal, Constitutional, and Administrative law)

Front 9

Private Law Defintion

Back 9

Law that controls the legal relationships between citizens, and between citizen organizations (Also known as civil law)

[Tort, Contract, Family, Property, and Labour law]

Front 10

Retribution Definition

Back 10

Means a deserved penalty for a wrong/ crime or vengence.

Front 11

Restitution Defintion

Back 11

Means that the offender should restore something that was damaged to it's rightful condition, or return something that was taken unlawfully to it's rightful owner.

Front 12

Rules

Back 12

Are a set of guidelines which only apply to a specific group of people.

Front 13

Laws

Back 13

Are rules of conduct which are created by the government and controlled by the police/courts.

Front 14

Precedent (stare decisis)

Back 14

A legal decision that serves as an example and authority in sibsequent similar cases. It is the basis for the rule of precedent (the legal principal in which similar facts result in similar decisions)

Front 15

Common Law

Back 15

It is the law based on judges' trial decisions, precedent, and reported case law. It is distinct from the statut law by the governments and it serves as a major part of Canadian law today.

Front 16

Rule of Law

Back 16

That all people, including the king, had to obey the same laws; no one was above the law.

Front 17

Magna Carta and its significance

Back 17

- In 1215 King John was forced to sign the Magna Carta which is one of the most important documents in English history

- It is significant because it established the rule of law and habeus corpus (any person who was imprisoned w/o explanation was entitled to appear before the courts within reasonable time)

Front 18

Name of Canada's First constitution and when it was passed

Back 18

British North America Act.

- Passed on July 1st 1867

Front 19

Why the statute of Westminister of 1931 was significant to Canada's constitution?

Back 19

- It gave Canada the freedom to pass laws which applied to its own domestic and foeriegn affairs and Britain could no longer overrule Canada

Front 20

What did the amending formula mean to Canada's Constitution

Back 20

Meant amendments could now be made with the consent of the Canadian parliament and if at least 7/10 provinces (Comprising 50% of the population) agreed to te change)

Front 21

Section 91 (Division of Powers)

Back 21

- Peace, order, and good government

- Criminal law

- Unemployment insurance

- Banking, currency, and coinage

- Federal penitentaries

- Marriage/ divorce

- Postal services

- Aboriginal peoples and lands

Front 22

Section 92 (Division of Powers)

Back 22

- Property and civil rights

- Marriage ceremonies

- Police Forces and provincial courts

- Highways and roads

- Provincial jails

- Hospitals

Front 23

Section 93 (Division of Powers)

Back 23

- Gives the provinces control over education

Front 24

Bill

Back 24

A proposed law, a draft form of an act or statue

Front 25

Law

Back 25

A rule to govern action, a rule of conduct established by the government for society to follow and obey

Front 26

What is Case LAW?

Back 26

Case law is common law that was documented and codified. Each recorded case is given a title or citation, which lists basic information that makes it easy to locate the case in

Front 27

Trial by fire

Back 27

The accused had to hold a red hot iron. The hand was then wrapped in cloth and uncoveed after 3 days. If the burn had healed the accused was innocent and if not they were found guilty.

Front 28

Trial by Combat

Back 28

Nobles fought in a duel. It was believed God would determine who was right. If the accused was killed in a criminal case, the verdict was guilty. (Even if wounded but lost the duel he would be hanged immediately)

Front 29

Does a bill become a law on the date of Royal Assent or the Proclamation date?

Back 29

- Proclomation Date is when a bill comes into force as an official law.

- Some laws come into force when they receive Royal Assent but the bill will state when it takes effect, let it be on the date of Royal Assent or Proclamation Date

Front 30

Criminal Law: Parties Involved

Back 30

Crown Attorney: Represents the interests of society including victims of the crime

Defense Counsel: Represents the interests of the accused

Front 31

Civil (Private) Law: Parties Involved

Back 31

Plaintiff: The party suing in a civil action suit

Defendant: The party being sued in a civil suit

Both are referred to as litigants

Front 32

Criminal Law: Purpose of Trial

Back 32

To determine whether the accused is guilty or innocent. If found guilty, to punish the offender

Front 33

Civil (Private) Law: Purpose of Trial

Back 33

- To resolve disputes which arise between citizens over a wrongdoing

- To provide compensation to victimes

Front 34

Criminal Law: Proof Required

Back 34

To find an accused guilty the crown attorney must prove that they are guilty beyond a reasonable doubt

Front 35

Civil (Private) Law: Proof Required

Back 35

The plaintiff must prove their case on the Balance of Probabilities

- The judge must believe their story over the defendants