Government and Rights Flashcards
(23 cards)
What is International Law?
Governs relationships BETWEEN independent nations.
What is Domestic Law?
Governs activities WITHIN a nation’s border.
Substantive Law?
Defines rights, duties, obligations of citizens and governments.
What is Procedural Law?
Prescribes methods of enforcing rights and obligations of Substantive law.
** Substantive law has a public and private branch of law.
Public Law?
Governs relationships between PRIVATE individuals and organizations.
What are the laws under the Public branch?
Constitutional law, Administrative law, and Criminal law.
What is Constitutional law?
It’s the interpretation and application of the Constitution.
Administrative law?
Actions and operations of government agencies.
Criminal law?
Identifies crime and prescribes punishment.
Private Law?
Related to relationships BETWEEN individuals and states.
What are the laws under the Private branch?
Tort law, Contract law, Family law, Wills & Estates, Property law, and Employment law.
What is Tort law?
The civil branch is responsible for holding individuals or private organizations responsible for damages (to take the blame).
Contract law?
The civil branch is committed to upholding agreements between individuals and organizations.
Family law?
The civil branchhandles many areas of family life.
What is Wills & Estates?
The civil branch that deals with property separation and distribution after death.
Property law?
Individual rights to land, goods, and expression.
and Employment law?
The civil branch controlling the relationship between the employer and the employee.
What is International Law?
A summary of huge international legal events and problems.
What is the Constitution?
A political basis that establishes a country’s laws and government structure.
It’s the MOST IMPORTANT document and is superior to all laws. It MUST be respected by citizens and followed by the government.
Why are Constitutions necessary???
1) Limits power of government 2) Improves the rule of law 3) Protects individual rights …. and 4) Divides government powers.
IMPORTANT about Constitutions…
Constitutions MUST be “LIVING” documents and they MUST have a technique for upgrading to meet societal changes; adaptable but steady.
The Brief History of Constitutions
- U.S.A (1776) and France (1789)
- British North America Act, 1867
- Statue of Westministerter, 1931
- Bill of Rights, 1960
- Charter of Rights and Freedoms, 1982
U.S.A (1776) and France (1789)
Are 2 democratic countries whose constitutions serve as models for many other democratic nations.
