Law Flashcards
Name the three levels of government in Canada
Municipal,Provincial,Federal
Municipal
Local government responsible for providing services (e.g. fire services, garbage collection, public transit…)within towns and cities
Provincial
Responsible for providing services outlined in the Constitution as provincial responsibilities (e.g. health care, education, justice….)
Federal
Responsible for providing services outlined in the Constitution as federal responsibilities or items not explicitly outlined in the Constitution (e.g Citizenship, National Defence, Foreign Policy….)
What is law?
The system of recognized rules that regulate the actions of individuals and groups with possible enforcement of penalties for violations.
Explain 5 purposes/functions of law.
Protect Society
Protect Rights and Freedoms
Establish Codes of Conduct
Provide a System of Enforcement
Resolve Disputes
Describe 4 foundations of Canada’s legal system/heritage.
Rule of Law - The law applies equally to all, the law should be fair and equal and the law should not be arbitrary.
Freedom under the law - The law should respect the rights and freedoms of all citizens.
Democratic Principles - Citizens have a voice in the formation of government who makes the laws.
Respect for others - Citizens have rights but also the duty to follow the law in respect of others.
Explain the difference between public areas of law and private areas of law.
Public Law - The area of law governing the relationship between individuals and government.
Private Law - The area of law governing the relationship between individuals and/or private organizations.
LIst and describe 3 areas of public law.
Criminal law - Area of law dealing with wrongs committed against society
Administrative Law - The body of law that regulates the operation and procedures of government agencies that oversee items such as workers compensation, building permits, liquor licenses…
Constitutional Law - The body of law that outlines the manner in which a nation is governed and the rights and freedoms of its citizens.
List and describe 6 areas of private law.
Tort Law - The area of law dealing with individuals or groups suing others for compensation for harm caused.
Family Law - The branch of law that deals with matters relating to the family, such as divorce and child custody.
Employment Law - The area of law that governs the employer and employee relationship.
Contract Law - The area of law that deals with legally binding agreements between individuals or groups.
Wills & Estates - The area of law dealing with the distribution of assets after death.
Property Law - The area of law that governs the ownership of property (land and personal property).
The legal inquiry process is a method of thinking about and investigating legal issues. Describe the 5 main steps of the legal inquiry process.
Formulate questions - Good questions:
Gather and organize relevant/credible information from primary and secondary sources
Assess the credibility and relevance of the information gathered
Analyze the information
Use critical thinking to draw conclusions and to make decisions
There have been many historical influences upon the Canadian legal system. The Magna Carta is a very important one. Explain what it is and why it is of importance.
Magna Carta - The Great Charter that was agreed upon by King John of England in 1215 that established rule of law and many other fundamental aspects of our legal system.
Rule of Law - The law applies to all, the law is not arbitrary in nature and is necessary to regulate society.
Describe 3 fundamental aspects of Rule of Law.
The law applies to all, the law is not arbitrary in nature and is necessary to regulate society.
Another important influence upon the Canadian legal system is the British concept of Common Law. Explain what this is. Be sure to describe the concept of precedents in your answer.
Common Law - Common law is a body of unwritten laws based on legal precedents established by the courts (judges). Common law influences the decision making process in unusual cases where the outcome cannot be determined based on existing statutes or written laws.
Precedents - A past decision in a case regarded as an example of how similar cases should be treated in the present and future. This helps create consistency and fairness.
Laws often reflect the moral principles of society. Explain what moral principles are.
Morality - Principles regarding the difference between right and wrong or good or bad behaviour