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Law > Unit 1 > Flashcards

Unit 1 Flashcards

1
Q

What is law

A

rules that regulate and enforce behaviour

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2
Q

What is a rule

A

guidelines in social situations that keep order.

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3
Q

When does a rule become law

A

Enforced by the gov’t
Detailed system of consequences
Is mandatory

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4
Q

Why are there laws

A

To limit the behaviours of citizenss; punishment enforces, protects society, provides society with a system to settle disputes

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5
Q

Functions of Law (5)

A 
Establish Rules of Conduct
Provide a System of Enforcement 
Protect Rights + Freedoms
Protect Society
Resolve Disputes
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6
Q

Elements of Citations

A 
v-versus, 
200X - year of decision, 
NSSC- (Nova Scotis Supreme Court), court ruled
20-volume no.
CanLII-Cdn Legal Info Institute
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7
Q

Precedent

A

earlier cases lawyers and judges refer to in similar cases

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8
Q

2 basic types of law

A

Substantive- rules that outline rights/obligations, criminal code.
Procedural - steps involved in protecting your rights, formal procedures police follow to get a search warrant

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9
Q

2 types of substantive law

A

Public - controls relationship between the gov’t and people

Private (civil) - outlines relationship bwtn citizens and other people/organizations

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10
Q

Types of public law

A

criminal, constitutional, administrative

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11
Q

Criminal law

A

offences against society. serves punishments

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12
Q

Constitutional law

A

structure of fed/provincial gov’t, Charter of Rights and Freedoms (1982)

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13
Q

Administrative

A

Relationship btwn the citizens and gov’t boards/agencies

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14
Q

Types of Private law

A

Tort, Family, Contact, Property, Labour/Employment

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15
Q

Tort law

A

wrongs person commits against another, sueing for damage

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16
Q

Family law

A

regulates aspects of family life, btwn persons, deals w/separation, divorce.

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17
Q

Contract law

A

requirements for legally binding documents

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18
Q

Breach of contract (term)

A

someone doesnt fulfill their part of the bargain

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19
Q

Property

A

btwn people and property, use, enjoyment, sale, lease

20
Q

Labour/Employment

A

relationship btwn employees and employers, unions, pay equity, etc

21
Q

Common Law

A

based on precedent: Judge makes a decision, serves as example in subsequent similar cases. Can ignore precedent if they see a need.

22
Q

Universal Declaration of Human Rights

A

UN formed to guarantee ppl certain rights/freedoms

23
Q

Cdn Bill of Rights

A

Diefenbaker (Progressive Conservative)
movement in 1945. Passed Bill of Rights, however it applied to federal matters, did little for equality, Trudeau promised greater social justice w/Constitution Act

24
Q

Significance of BNA Act

A

First constitution passed on July 1, 1867. (ON, QC, NB, NS)

25
Q

How does a bill get passed?

A

House of Commons - 2 readings/votes, sent to committee and studied w/ possible changes, a final 3rd reading/vote
Senate - 3 readings + committees
Governor general - signs bill into law

26
Q

How provincial laws and municipal bylaws are passed

A

Same but w/out Senate, councils w/ a mayor/reeve vote

27
Q

What is a constitution

A

blueprint of how country should be run and what it should be like

28
Q

When did the constitution get patriated?

A

1982 through Trudeau. He had to get most of the provinces to agree to the new constitution. Everyone wanted everything in negotiations, their part of the bargain.

29
Q

Charter of Rights/Freedoms

A

guaranteed rights to ppl, meant provinces would give up power, so some refused to sign.

30
Q

Which province did not sign the new Constitution

A

Quebec, do they can separate w/provincial referendum

31
Q

Section 1

A

reasonable limits clause - rights/freedoms are limited if the limitation can be justified in a free society. Courts usually decide what is “reasonable” (ex. limited freedom of expression if saying hate speech)

32
Q

section 2 of the Charter? What is it comprised of?

A

Fundamental Freedoms

  1. Conscience/religion - free to practice religion, cannot be forced. Limits exist like illegal to target groups b/c of color, race, etc + spread hate/ gov’t will ban material obscene
  2. Thought, belief, opinion, expression - incl. all communication, illegal to target group/spread hate
  3. Peaceful Assembly - Right to participate in public demo/protest for social justice, “peaceful”
  4. Association - Join together in groups ie. sports, culture org,
33
Q

Unlawful assembly vs riot

A

3 or more ppl come together to cause fear

vs. at least 12 ppl unlawfully assembled and disturb peace

34
Q

Section 3-5?

A

Democratic rights - Citizenship rights, esp. the right to vote. entrenched.

35
Q

section 6?

A

Mobility Rights

  • Guarantees Cdns right to enter, remain, or leave country/province
  • Guarantees Cdns/PR to live in or work in any province
  • Restrictions: province w/low employment rate
36
Q

S. 7-14?

A

Legal Rights - Personal/privacy rights + safeguard procedural rights in criminal justice.
If rights of the accused are violated, the accused can seek a remedy (2 methods: authority from s. 52 of constitution OR seek remedy from s. 24 of charter)

37
Q

In the legal rights section, what is stated involving arrest, being charged, punishment and self-incrimination?

A

7 - Right to life, liberty, security
8 - Against the unreasonable search/seizure
9 - Not being arbitrarily detained/imprisoned
10 - informed promptly, a right to consult lawyer/legal aid
11 - Rights at trial: to be told what offence w/ a reasonable time, not denied reasonable bail, trial, and trial. Accused cannot be forced to testify
12 - not subject to cruel and unusual punishment (max. sentence for arson is 14 yrs)
13 - witness can’t have evidence used against them except perjury
14 - right to an interpreter

38
Q

Stay of Proceedings

A

court order to stop the trial proceeding until a condition is met

39
Q

s. 15? s. 28?

A

Equality rights: protecting Race, nation/ethnicity, color, religion, mental/physical disability, age, sex.\
28 - against gender discrimination

40
Q

Remedy

A

mechanism for forcing someone’s rights (ie. issuing letters of apology, paying lost wages, or benefits. etc)

41
Q

Statute law

A

Created by Legislation (Parliament makes law), where jurisdiction laws apply, local laws (bylaws)

42
Q

Significance of Statute of Westminster

A

gave Canada control over its foreign affairs

43
Q

Significance of the Constitution Act

A

In the 20th century, Britain allowed Canada to to make its own constitution.
(1867) Lists Federal, provincial, and territorial government powers. Outlines which gov’t has jurisdiction to make laws in some areas.

44
Q

Notwithstanding clause

A

Section 33, provision in Charter allowing gov’t to create certain laws that contradict Charter rights.
- Must be reviewed every 5 years

45
Q

To which sections does the Notwithstanding clause apply?

A

Applies only to Fundamental Freedoms (2), Legal (7-14), and equality (15).

46
Q

s. 25

A

Aboriginal Rights - cannot interfere with Aborginial rights, treaty rights, etc.

47
Q

Options of remedies

A

Strike Down - law deemed invalid
Read down - narrow interpretation of the law (specific part is invalid)
Read in - add term that changes the law, but allows it

Law (5 decks)

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