Ch. 1&2

Question 1

All crimes are found in what document?

Answer 1

Criminal Code of Canada

Question 2

“R” in a case citation stands for.

Answer 2

Regina (Queen)

Rex (Kings

Question 3

3 Sources of law in Canada?

Answer 3

Common Law, Statue Law, Constitutional Law.

Question 4

Meaning of “Distinguishing a Case”

Answer 4

Judges reject old precedents and create new ones.

Question 5

How are rules different from laws?

Answer 5

Rules are not enforced and people can change then and opt out.

Question 6

3 aspects of Rule of Law

Answer 6

• Must recognize and accept the law
• Applies equally to everyone
• No one has the authority to take away rights

Question 7

Importance of Magna Carta

Answer 7

• Charter of political and civil rights
• Established the rule of law
• No one was above the law

Question 8

How case law evolved since the of reign of Henry ll?

Answer 8

• Brought consistency and fairness to the law.
• Judges travelled town to town (assizes) Judges were called circuit judges
• Similar case treated similar, different cases treated differently.

Question 9

Common Law

Answer 9

Law that developed in english courts. Relies on case law, and is common to all people.

Question 10

Trial by ordeal

Answer 10

A person to undergo a torture to determine guilt or innocence.

Question 11

Trial by oath helping

Answer 11

Friend of the accused to swear on the bible that he or she is innocent.

Question 12

Habeus Corpus

Answer 12

A court order prevent unlawful assert.

Question 13

Adversarial System

Answer 13

Where evidence is presented by two opposing party to an impartial judge.

Question 14

Rule of Law

Answer 14

Law that applies equally to everyone and is necessary to society

Question 15

Case Law

Answer 15

A method of deciding cases based on decisions.

Question 16

Divine Right

Answer 16

Monarchs and their successor derived their power to rule from God.

Question 17

Assizes

Answer 17

Travelling courts

Question 18

Mosaic Law

Answer 18

Laws given to Moses to guide the Hebrew people and recorded in the Bible.

Question 19

Code of Hammurabi

Answer 19

Earliest-Known sets of recorded laws.

Question 20

Restitution

Answer 20

Payment made by the offender to the victim of a crime.

Question 21

Stare decisis

Answer 21

Latin phrase “to stand by the decision.”

Question 22

Magna Carta

Answer 22

A charted of of political and civil rights

Question 23

Precedent

Answer 23

Applying a previous decision to a case that has similar circumstances.

Question 24

Substantive Law

Answer 24

Law that defines the right, duties and obligations of citizens.

Question 25

Administrative Law

Answer 25

Law related to the relationship between people and government

Question 26

Constitution Law

Answer 26

Body of law dealing with the distribution and exercise of government.

Question 27

Procedure Law

Answer 27

Law that pre-scribes the methods of enforcing the rights and obligations of substantive law.

Question 28

Tort law

Answer 28

Law that holds persons or private organizations responsible for damage the caused as a result of deliberate action.