Law 12 Foundation Of Canadian Law Edit

Front 1

Define Law

Back 1

Law is a set of rules established by the government that all people of society must comply to

Front 2

What is the importance of law?

Back 2

The importance of law is to preserve order, to maintain safety, and comfort and for smooth operation of business.

Front 3

What is the origin of law?

Back 3

The origin of law is our values as society

Front 4

What are three principles of the Rule of law?
What are their importance?

Back 4

The three principals of the Rules of Law is that everyone is equal before the law, our rights under law cannot be taken away w/o proper law, disputed are to be settled peacefully.
Their importance is to balance power, and to keep the peace

Front 5

What is ancient law and why is it important we study it?

Back 5

Ancient law is law from earlier cultures, and its important to study them because Canadian law is based on them

Front 6

What is codification, and why is it necessary?
Provide three examples.

Back 6

Codification is the recording of laws in a systematic fashion, its necessary to keep the clarity, knowledge and equality passed down.
Code of Hammurabi
Mosaic Law
Justinian Code

Front 7

Define and explain the Hammurabi Code?

Back 7

-written by King Hammurabi if Babylon
-one of the earliest known codified laws
-1800s BCE
-carved stone pillars in public places
-retribution
-the strong shall not injure the weak

Front 8

Define and explain the Mosaic law

Back 8

-laws given by Moses to Hebrew people of the Middle East
-~10000BCE
-recorded in the first 5 books of the Old Testament
-severe punishments
-restitiution; repayment

Front 9

Define the Justinian Code, and its impact on Canadian law.

Back 9

-Roman code compiled by Emperor Justinian
-500CE
-recorded into books
-introduced key concepts on which our law is based
(civil law, presumption of innocence, trail by jury)

Front 10

Define the Napoleonic Code, and its impact on Canadian law.

Back 10

-compiled in France by Napoleon in 1804
-model for much of European law, and Quebec law

Front 11

Explain trail by ordeal, provide examples.
Explain King's court.

Back 11

-settling disputed by physical tests before the local lord, based on faith in the divine
-king sent judges from manor to manor to hear disputes
-recorded past cases in order to compare them

Front 12

What is the importance of the Rules of Precedent

Back 12

-to ensure equal treatment , and to know what to expect of a trial

Front 13

Define case reports, and explain how they are organized.

Back 13

-a set of books containing precedent cases for a given year
-by type of case, particular court and by region

Front 14

Define concept of equity and explain its importance.

Back 14

-rule of precedent is balanced by fairness
-flexibility

Front 15

Define Statute law, and provide its origin.
What does it do today?

Back 15

-laws made by government
-originally to codify and correct
-key tool for implementing gov't policy

Front 16

What are the three levels of statute law.

Back 16

-federal
-provincial
-municipal

Front 17

Define Substantive law and give an example.

Back 17

-the rights and duties of members of society
-right to vote

Front 18

Define public law and provide its 3 types

Back 18

-law regulating the relationships between the gov't and private citizens
-criminal law, codification, citation

Front 19

Define and give examples of criminal law and its codification and citations

Back 19

-a series of rules made by Parliament which prohibit certain actions considered to be offenses against society
-murder
-Criminal Code of Canada
-R vs. accused (R for Rex or Regina)

Front 20

Define and give an example of constitutional law

Back 20

-rules outlining the structure and power of government
-federal:defense

Front 21

Define and provide examples for administrative law

Back 21

rules and regulations made by government boards or agencies

Front 22

Define and give the five types of private law

Back 22

-laws regulating the relationships between private parties and organizations
-contract law, tort law, property law, labor law, family law

Front 23

Define and provide an example of procedural law

Back 23

-the steps to follow to enforce the rules under substantive law
-procedure for arrest

Front 24

What is the Constitution and its history?

Back 24

- a law which established the institutions of government, and spells out their power
-BNA Act of 1867, Statute of Westminster, Supreme Court of Canada (1949), Constitution Act (1982)

Front 25

Define and list three problems of the BNA Act of1867

Back 25

-Canada's original constitution
-Canada wasn't given control over foreign policy, it could only be amended in Britain, and the highest court of appeal was in London

Front 26

Define the Statute of Westminster

Back 26

-British statute which finally gave Canada control over her own policies

Front 27

Explain the Supreme Court of Canada (1949)

Back 27

-eliminated appeals to the Privy Council in Britain
-became highest court of Canada

Front 28

Define the Constitution Act of 1982, and list its new elements.
What is its significance?

Back 28

-a document that made our constitution Canadian
-amending formula, and Charter of Rights
-constitution could be changed in Canada, and made Canada truly sovereign

Front 29

Define the amending formula. What is its importance?

Back 29

-rules governing how the constitution can be changed
- must be some method to change as society changes