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49 Cards in this Set
- Front
- Back
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What are the three characteristics that set laws apart from rules |
1. Laws are a set of rules established and enforced by the government 2. Laws are mandatory 3. Laws involve a detailed system of consequence |
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Define "lobby" |
Attempt to influence government to benefit a particular group or organization |
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What are the 5 functions of Law? |
1. Establish Rules of Conduct 2. Provide a system of enforcement 3. Protect rights and freedoms 4. Protect society 5. Resolve Disputes |
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Define "substantive law" |
The laws that outline your rights and obligations in society |
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Define "procedural law" |
The legal process involved in protecting our rights |
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What are the 2 divisions of substantive law? Define both. |
Public: controls the relationship between the government and the people. Represents laws that apply to all individuals Private: (aka civil law) outlines the rights and responsibilities of private individuals and organizations. |
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Define "criminal law" |
The body of public law that defines crimes and punishments |
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Define "constitutional law" |
Outlines the structures and powers of the federal and provincial governments and addresses all issues concerning the Charter |
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Define "administrative law" |
Outlines the relationship between citizens and governing bodies |
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Define "civil law" |
The private law governing the relationships between individuals |
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Define "plaintiff" |
The person suing in a civil action
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Define "defendant" |
In civil law, the person who is being sued; in criminal law, the person charged with an offence |
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Define "tort law" |
The area of law dealing with damages caused by a person or organization |
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Define "family law" |
The area of law that regulates aspects of family life |
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Define "contract law" |
Outlines the requirements for legally binding agreements and remedies if the agreement is breached |
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Define "contract law" |
Outlines the requirements for legally binding agreements and remedies if the agreement is breached |
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Define "property law" |
Outlines the rights and responsibilities of owning, acquiring, and maintaining property |
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Define "labour and employment law" |
Labour law governs the relationships between employers and unions; employment law governs the relationship between employers and employees |
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Name the divisions of public law |
Criminal law, constitutional law, administrative law |
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Name the divisions of private law |
tort, family, contract, property, labour and employment |
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Define "plaintiff" |
The person suing in a civil action |
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Define "defendant" |
in civil law, the person who is being sued; in criminal law, the person being charged with an offence |
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Define "Code of Hammurabi" |
one of the earliest known sets of written laws, recorded by king Hammurabi of Babylon in 1750 BCE |
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List the evolution of the law from 1750 BCE-1804 in chronological order |
Code of Hammurabi (1750 BCE) Mosaic Law (1240 BCE) Justinian Code (550 CE) Magna Carta (1215) Napoleonic Code (1804) |
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Define "retribution" |
a deserved punishment for a wrong |
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Define "restitution" |
the act of making good, restoring, or compensating a person for a wrong that was done to him or her |
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Define "feudal system" |
a political, social, and economic system prevalent in Europe between the 19th and 15th centuries |
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Define "common law" |
a system of law based on past legal decisions, also known as case law |
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Define "case law" |
recorded written decisions of judges; also known as common law |
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Define "precedent" |
a legal decision that serves as an example and authority in subsequent cases |
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Define "appeal" |
referring a case to a higher court to reconsider the lower court's decision |
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Define "citation" |
the reference for a legal case |
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What can be told from the citation "R v Ferguson, 2008, SCC, 6, CanLII" |
Criminal case, defendant is Ferguson, decision made in 2008, Supreme Court of Canada, court number 6, from Canada Legal Information Institute |
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What can be told from the citation "Cowles v Balac" |
civil case, Cowles is plaintiff and Balac is defendant |
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Define "rule of law" |
the fundamental principle that the law applies equally to all persons |
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Define "habeas corpus" |
A document that requires a person to be brought to court to determine if he or she is being legally detained |
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Define "statute" |
a law passed by a legislative body |
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Define "civil rights" |
the rights of citizens that limit the power of governments |
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What is the significance of the Code of Hammurabi and the Mosaic Law |
COH introduced retribution and ML introduced restitution |
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When was the Universal Declaration of Human Rights created? |
December 10, 1948 by the newly formed United Nations` |
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Name 3 rights guaranteed in the Declaration of Human Rights? |
- all humans are born free and equal in dignity and rights - All are entitled to the freedoms and rights in the Declaration - All have the right of life, liberty, and security of person - None shall be held in slavery or servitude - None shall be subjected to torture, cruel, inhuman or degrading treatment or punishment See p24 for more |
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Define "amending formula" |
the procedure to change Canada's constitution |
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the process of bringing legislation back under the legal authority of the country to which it applies |
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Define "jurisdiction" |
Authority to do something such as make laws |
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Name the areas that the federal government has jurisdiction over |
- peace, order, and good government - criminal law - unemployment insurance - banking, currency, and coinage - federal penitentiaries - marriage and divorce - postal services - Aboriginal peoples and their land |
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Name the areas that the provincial government has jurisdiction over |
- property and civil rights - marriage ceremonies - police forces and provincial courts - highways and roads - provincial jails - hospitals |
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What are the three branches of government in Canada? |
Executive, legislative, and judiciary |
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Define "bill" |
a proposed law, a draft form of an act or statute |
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How does a bill get passed into a law @fed lvl? |
(House of Commons) First Reading Second Reading Committee Stage Third Reading (Senate) Bill goes through three readings and committees, as in the HOC (Governor General) Signs bill to become a law |
