Canadian Law Chapter 1 & 2

schoolstudycanada's version from 2018-06-26 01:53

Section 1

Question Answer
Code of HammurabiKing of Babylonia 1792-1750
- earliest known written codes of law (laws of country)
- laws based on retribution (eye for eye) and restitution (payment to victim)
Code of JustinianRoman emperor Justinian 550AD
- laws were classified and simplified
- use of latin vocabulary stems from here (habeas corpus)
Code of NapoleonicEmperor Napolean Bonaparte revised and codidied french law.
- Serves as model for modern European Law
Rule of lawAll disputes must be settled by due process before appointed judges.
Habeas CorpusRight for protection against unlawful arrest and descicion made by court
Magna CartaFirst constitution
Stare DecisisPrecedent. Law made by previous rulings.
What does the rule of law state?Individuals must recognize and accept that law is necessary to regulate society
Law applies equally to everyone
No one in our society has the authority to excercise unrestricted power (in taking away peoples rights)
Ultra VireProvince enacts a law that is not within it's jurisdiction (beyond power)
Intra virePassing a law within government's jurisdiction (within power)
Statute LawLaw passed by representatives in govt (written law)
Common lawLaw derived from previous legal decision
"Distinguishing a case"When Judge Overrules a precedent
BNABritish North American Act (The Constitution act).<bt>1867
Divided government powers into provincial and municipal
Statute of west minister1931
Made canada independan from british governmentt.
Consitution could not be overruled
AdversarialLawyers do research and protect their clients.
- adversaries may not be equal
- lawyers/clients have control over how evidence is presented
InquisitorialJudge is very active in proceedings. ()used in Quebec for civil law

Section 2

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