Unit 1

Question 1

what is a lobby?

Answer 1

to seek to influence the government to make certain laws a proposed law

Question 2

what is a bill?

Answer 2

a proposed law

Question 3

Who is the defendant?

Answer 3

A person who is sued in a civil action or charged with a criminal offense

Question 4

what is another name for common-law?

Answer 4

case law

Question 5

define rule of law

Answer 5

neither individuals nor the government is above the law

Question 6

define sovereignty

Answer 6

The states authority to govern itself

Question 7

amending formula

Answer 7

The procedure to change Canada’s Constitution

Question 8

define jurisdiction

Answer 8

The authority or power to make laws

Question 9

what is a legal citation?

Answer 9

it lists the basic facts in a legal case and makes it easy to locate the case in the law library

Question 10

habeas corpus

Answer 10

The legal right of a person who is in prison without explanation to appear in court within a reasonable time

Question 11

Who is the plaintiff?

Answer 11

The person who sues in a civil action

Question 12

what is codification?

Answer 12

The process of writing laws down in a clear document

Question 13

Who is the Crown attorney?

Answer 13

A prosecutor in a criminal matter who works on behalf of society

Question 14

civil versus criminal law

Answer 14

civil law involves only the people involved and is person versus person
criminal law is somebody versus the crown because they committed a crime against the government

Question 15

trial by water versus trial by combat

Answer 15

trial by water was mostly used for peasants. they were bound tightly and then thrown into a lake. if the water excepted them they were innocent but if they floated they are guilty. water represents everything pure

trial by combat with usually used by nobles who had enough money to hire Knights to fight for them. the person who was less hurt was innocent because God gave them the power to fight

people usually died in each type of trial

Question 16

arbitration versus mediation

Answer 16

arbitration is when a third party listens to the two parties and makes a decision for them

mediation is when a third-party listens to two parties and helps them make a decision (compromise)

Question 17

restitution versus retribution

Answer 17

retribution is giving exactly what has been taken but restitution is paying a fine or punishing in jail for an offense

retribution used to be the common way of punishment but in modern society restitution is the common way of punishing

Question 18

statute law versus common law

Answer 18

common law is law based off of a precedent (past rulings), judges trial decisions and reported case law

statute law fills in the blanks for when no past cases have been reported

judges must consider both common in statute law when deciding a verdict

Question 19

rules versus laws

Answer 19

A rule is something that you should follow and the punishments aren’t that severe. A law has federal consequences and you must follow them. If not you will have to go to trial.

Question 20

what is known as the legal blueprint or supreme law of the country?

Answer 20

The Constitution

Question 21

The 10 Commandments were the foundation of

Answer 21

mosaic law

Question 22

what type of law is most closely linked to Quebec civil law?

Answer 22

napoleonic code

Question 23

The earliest written legal code of Hammurabi was created in this ancient empire

Answer 23

Babylonian

Question 24

The criminal code and the charter of rights or freedoms are a part of what kind of law?

Answer 24

substantive law

Question 25

The Lords made these types of decisions by issuing their sentences

Answer 25

arbitrary

Question 26

what are factors that might cause laws to change?

Answer 26

A society changes and new problems occur. Laws must be kept up to date

Question 27

what are the divisions of Canadian law?

Answer 27

substantive law which includes statutes and case law and procedure law which are rules

substantive law can be divided into public law in private law

public lot includes criminal law constitutional law in administrative law

private law includes family law contract law tort law property law and labor law

Question 28

substantiative law versus procedural law

Answer 28

substantial law consists of all laws that involve rights and obligations in a society

procedure Law outlines the steps and rights needed to take in substantive law

Question 29

Who does criminal law involve?

Answer 29

The court a jury and the accused

Question 30

Who does civil law include?

Answer 30

A court, the plaintiff, and defendant

no jury is needed

Question 31

why is the code of Hammurabi so important?

Answer 31

it represents the beginning of laws and influenced all laws to come

Question 32

what is the Justinian code?

Answer 32

A collection of I thousand years of Roman laws. This started equity in law (judging someone regardless of wealth and power)

Question 33

what is the Magna Carta?

Answer 33

this documents for the shift of power in England it placed Kings under the law like citizens

Question 34

what gave Canada control over its foreign affairs?

Answer 34

The statute of Westminster

Question 35

why was the BNA act so hard to change?

Answer 35

it had to go through British Parliament

Question 36

what is negotiation?

Answer 36

two parties communicate with each other until a decision is reached

Question 37

what is a precedent?

Answer 37

A previous court decision used to decide a similar case