Law Unit 1

robthescienceguy's version from 2016-01-26 23:22


Question Answer
What is a rule?used to regulate and control certain people in a school, house, game etc.
What is a law?a rule needed to govern an action for all members of society to follow.
What are the purposes of law?to provide order, promote goals of society, provide a method to settle disputes, protect persons and possessions.
What is substantive law?consists of statute and case law, lists and defines all rights, values and obligations for everyone.
What is procedural law?rules for applying the law and how to enforce the rights and obligations set out in substantive law.
What is public law?regulate the interactions between the state and its citizens (ACETCA).
What is private law?outlines relationships between private citizens and between citizens and organizations (PCFLCTW)
What is Hammurabi's Code?1795-1750 BCE, first recorded body of laws
What is Mosaic Law?c.1250 BCE, the ten commandments.
What is retribution?justice based on vengeance and punishment.
What is restitution?offender gives the victim compensation for committing crimes.
What is the Justinian Code?527-565 CE, saw that law should be fair and just for all people, formed the basis for civil law.
What is the Napoleonic Code?1804, emphasized equity and justice for all, basis of law in Quebec.
What is common or case law?produced by decisions made by judges, based on stare decisis and precedent.
What is statute law?laws created by elected governments.
What is stare decisis?means the courts look to previous cases to help with their decision.
What is precedent?a legal rule created by a court decision.
What is a citation? a reference to a court case, Civil =Plaintiff v. Def, Criminal =Crown v. Def
What is rule of law?the law applies equally to all persons.
What are the two main legal systems in Canada?common law and civil law.
When was the BNA Act passed?1867.
What is the significance of the Statute of Westminster?this gave Canada complete freedom from Britain to make its own laws.
What does it mean to patriate a constitution?to bring the responsibility of a constitution to your country.
Why did it take Canada so long to patriate its constitution?they couldn't come up with an amending formula.
Whats the significance of sections 91 -93 of the BNA Act?they divide law making powers between federal and provincial levels.
Federal Levelpeace, order, good government, defense, citizenship, taxation, postal services.
Provincial Leveleducation, hospitals, licences, roads, police forces, courts, jails, municipal governments.
Municipal Levelsewer service, public transit, fire and police, animal control, libraries .
Executive Branchputs laws into action.
Legislative Branchmakes the laws.
Judiciary Branchinterprets and applies laws by making legal judgement.
What is the difference between a bill and a law?a bill is proposed to legislature, once approved it is changed into a law.

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