Chapter 1

Question 1

What is Law?

Answer 1

1. A set of rules established and enforced by the government
2. Mandatory
3. Involve a detailed system of consequences

Question 1

5 functions of law

Answer 1

1. Establish rules of conduct
2. Provide a system of enforcement
3. Protect rights and freedoms
4. Protect society
5. Resolve disputes

Question 1

Substantive vs Procedural law

Answer 1

Substantive law: rules that outline rights/obligations in society, divided into public and private law

Procedural law: outlines the steps involved in protecting our rights

Question 2

Public vs private/civil law

Answer 2

Public: relationships between governments and citizens - administrative, criminal, constitutional

Private: relationships between citizens/ citizens and organizations - tort, family, contract, labor/employment, property

Question 3

Administrative

Answer 3

Makes sure that legal hearings and reviews with government boards and agencies are fair for all parties

Question 4

Criminal

Answer 4

Offences against society and prescribed punishments

Question 5

Constitutional law

Answer 5

structure and powers of federal and provincial governments, outlines ppls rights, must reference the Charter of Rights

Question 6

Tort

Answer 6

Holds a person or org responsible for the damage they cause to another person

Question 7

Contract

Answer 7

requirements for legally binding agreements

Question 8

Labor and Employment

Answer 8

relationship between employers and employees

Question 9

Development of Canadian law timeline

Answer 9

Code of Hammurabi > Mosaic law > Justinian code > Magna Carta > Declaration of Rights and Man > Napoleonic code

Question 10

Code of Hammurabi contribution

Answer 10

earliest records of written law, introduced restitution

Question 11

Mosaic law contribution

Answer 11

The 10 Commandments, restitution

Question 12

Justinian code

Answer 12

Emphasized equality under the law, codified 1000 years of roman law into Justinian law

Question 13

Magna carta

Answer 13

Signed in 1215 by King John, recognized the rule of law and introduced habeas corpus

Question 14

Napoleonic code

Answer 14

French civil code, a revised set of civil laws that became the legal model for many European countries

Question 15

Restitution vs Retribution

Answer 15

Restitution: paying the victim back for the harm done by an offender

Retribution: the deserved punishment for committing a crime

Question 16

Habeus corpus

Answer 16

anyone who is imprisoned is entitled to appear before the courts in a reasonable time (24 hours), they could be released if held unlawfully or tried by peers

Question 17

What is the amending formula? What does it detail?

Answer 17

THe procedure to change Canada’s constitution, requires 2/3 provinces and 50% pop

Question 18

Precedent

Answer 18

used when actually making legal decisions, serves as an example and authority in subsequent similar cases - similar cases = similar result

Question 19

What is the difference between a law and a by-law?

Answer 19

Law = provincial/federal, bylaw = municipal

Question 19

Who can strike down a bill after it passes the House of Commons?

Answer 19

Senate, governor general, supreme court,

Question 20

Codification

Answer 20

Process of assembling system of laws (writing it down)

Question 21

Case law/common law

Answer 21

a system of law based on past legal decisions

Question 22

Criminal law citation

Answer 22

Regina or Rex v. defendant (Accused)

Question 23

Civil law citation

Answer 23

Plaintiff v. defendant (person being sued)

Question 24

Rule of law

Answer 24

The law applies equally to everyone

Question 25

Branches of gov

Answer 25

Executive (gov general, PM, federal cabinet) Legislative (parliament, gov general, house of commons, senate), Judiciary

Question 26

Second reading

Answer 26

Bill introduced again and debated, second vote taken

Question 27

First reading

Answer 27

Bill introduced, first vote taken

Question 28

Committee stage

Answer 28

Bill studied in detail, changes often made

Question 29

Third reading

Answer 29

Bill briefly debated, third vote taken, the PM uses the whip