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Understanding Canadian Law--CLU3Ma > Introduction To Canadian Law > Flashcards

Introduction To Canadian Law Flashcards

(66 cards)

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1
Q

LAW

A

Legal rule made by government that applies to all members of society

There are punishments for breaking laws

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2
Q

CANADA

A

A Democracy

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3
Q

RULE OF FORCE

A

Is when some people are considered above the law

Enforcement of law often involves brutal violence,

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4
Q

RULE OF LAW

A

The fundamental principle that the law applies equally to all person

The opposite of the rule of force, stands for individuals

No one is above the law

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5
Q

WHY DO WE HAVE LAWS?

A

To keep order within a societiy

Laws create a clear understanding about expected behaviour

To enforce laws, society introduces punishments

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6
Q

5 FUNCTIONS OF LAW*

A
  1. Establish rules of conduct
  2. Provide a system of enforcement
  3. Protects rights and freedoms
  4. Protects society
    5.Resolve disputes
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7
Q

RULES VS LAWS

A

Laws refer to rules that are mandated and are to be followed by everyone in a society. For every law broken, there is a corresponding punishment

Rules do not apply to everybody and can be changed or manipulated easily

Rules are not enforced by the government

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8
Q

RULES

A

Can be changed easily

Do not need to be followed by everyone

apply to a certain group of people

Not enforced by the government

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9
Q

BILL

A

A proposed law; a draft form of an act or statute

A law waiting to be passed

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10
Q

SUBSTANTIVE LAW

A

The laws that outline your rights and obligations in society

Public & Public Law

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11
Q

PROCEDURAL LAW

A

The legal process involved with protecting our rights

outlines the STEPS involved in enforcing the law

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12
Q

SUBSTANTIVE LAW CAN BE SPLIT INTO 2 SECTORS OF LAW…

A

PRIVATE & PUBLIC LAW

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13
Q

PRIVATE LAW

A

Outlines the legal relationships between citizens and organizations

Family Law, Tort Law, Labour and employment law, property law

Contract law, personal injury;property law,

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14
Q

PUBLIC LAW

A

Controls the relationships between individuals and the governement or organizations

Criminal Law, Constitutional law, Administrative law

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15
Q

Public Law
CRIMINAL LAW

A

In the criminal code of conduct, there are a series of actions that are deemed unlawful and must be punished

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16
Q

Public Law
CONSTITUTIONAL LAW

A

Revolve around the Canadian Charter of Rights and Freedoms

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17
Q

Public Law
ADMINISTRATIVE LAW

A

Its the area of law concerned with government agencies

ex. Legal disputes over immigration

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18
Q

Private Law
FAMILY LAW

A

Contract law
Marriage, divorce, custody battles..

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19
Q

Private Law
TORT LAW

A

Personal Injury; property law

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20
Q

Private Law
LABOUR & EMPLOYMENT LAW

True or False

A

True

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21
Q

CASE LAW

England

A

Recorded within decisions of judges; also known as common law

1066, England

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22
Q

CIVIL LAW

A

A term for private law governing the relationships between individuals

Also a term for the legal system of Quebec

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23
Q

CODE OF HAMMURABI

A

One of the earliest records of written law. King Hammurabi of Babylon ( Iraq) had nearly 300 laws carved in stone

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24
Q

COMMON LAW

A

A system of law based on past legal decision

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25
DEFENDANT
In civil law, the person who is being sued; in criminal law, it is the person charged with an offence | Ferguson (the accused) in criminal case law ## Footnote Balac ( person being sued) in a civil case
26
LOBBY
An attempt to influence government to benefit a particular group | someone who does this is a "lobbyist"
27
PLAINTIFF
The person sueing in a civil action | Cowles
28
PROCEDURAL LAW
The legal process involved in protecting our rights
29
RULE OF LAW
The fundamental principle that the law applies equal to all person
30
STATUE
A law or act-passed by a government body, such as a parliament | Eg, Statute of Westminster, BNA act
31
RESTITUTION
The restoration of something lost or stolen to its proper owner | Benefits-- allows both criminals to determine what happens after a crime ## Footnote Costs-- People might have to pay, even if they werent guilty, loss of support
32
PRECEDENT
A LEGAL DECISION THAT SERVES AS AN EXAMPLE AND AUTHORITY IN SUBSEQUENT SIMILAR CASES | Hierarchy
33
FEUDAL LAW
one based on codes of honor and reciprocity. 1066, Normandy( France) | Kings introduced Case law, common law, precedents etc.
34
CODE
a system of words, letters, or signs used to represent a message in secret form, or a system of numbers, letters, or signals used to represent something in a shorter or more convenient form: | eg. code of conduct ## Footnote provides staff with a clear outline of expected behaviour, and instructions on what is and isn't considered good practices by the company
35
MAGNA CARTA
1215, England Idea that all commoners have to follow the same rules "Habeus Corpeus" | "Habeus Corpeus" means "produce the body" in latin or "show me the proof
36
RETRIBUTION
The act of taking revenge for wrong or criminal act
37
FEUDAL SYSTEM
a system in which people were given land and protection by people of higher rank, and worked and fought for them in return.
38
APPEAL
a formal disagreement with the decision of a judge or jury in a personal injury trial | To challange a case ## Footnote The highest court of appeal is the Supreme Court of Canada
39
SUPREME COURT OF CANADA
The highest court of appeal in Canada
40
PRECEDENT
A legal decision that serves as an example and authority in subsequent similar cases
41
CITATION ## Footnote Case citations have different legal terms for different types of cases
Reference for for a legal code
42
ARBITIARY
Random, unpredictable, without reasoning
43
CIVIL RIGHTS | Think MLK4
Limit power that governments have over people | governments and people
44
HUMAN RIGHTS
Protect citizens from unfair discrimination by others
45
BILL OF RIGHTS | 1960 ## Footnote John Difenbaker
Formalized Canadians rights in the 1960s. Rights were not entrenched yet because canadians understood that they had legal rights that existed but wasnt written down
46
AMENDING FORMULA | Constitution Act 1982
In order to change constitutional law, the federal government and at least two-thirds of the provinces with 50 percent of the population must agree.
47
AMENDMENT
To make changes to exisiting laws ## Footnote an addition or alteration made to a constitution, statute, or legislative bill or resolution.
48
CONSTITUTION ACT 1867 | BNA Act ## Footnote British North America Act
-Canada's first constitution, and the foundation for many others -Passed by Britiain** July 1st, 1867** -Gave brith to the dominion of canada with 4 provinces -Canada was not fully independent of Britian - Federal Courts, the Tax Court, and the Supreme Court of Canada were established | ...
49
CONSTITUTION ACT 1982 | Parliamnet, Ottawa, 1982
-Developed by Pierre Trudeau -It gave Canada full indepence over Britian; the first time our Country was one and united -Introduced one of the most important part of the Constitution -The Canadian Charter of Rights and Freedoms is born and it lists the civil rights and freedoms of all Canadians -Queen Elizabeth signs royal proclaimation that completes the patrition of the constitution | Constitutional law ## Footnote Can only be changed by the amending formula
50
# What does PATRIATION
The transfer of a governmental power from a former mother country to a newly independent one | Eg. Patriation of Canada's constittution in 1982
51
MEMBER OF PARLIAMENT (MP)
Usually used to bescribe a politician that is a member of the House of Commons | Federal Government Assistance
52
3 PARTS OF PARLIAMENT
(Monarch) Governor General Senate House of Commons | The Governor General represents te Monarch
53
LAW AT A FEDERAL LEVEL | Set forth in the Aonstitution Act 1867
-Criminal Law -unemployment ensurance -Marriage and divorce -Peace and order and good government -Aboriginal peples and their land
54
LAW AT A PROVINCIAL LEVEL | Set forth in the Aonstitution Act 1867
-Property -Civil Rights -Highways and roads -Hospitals -Jails
55
NEGOTIATION
Two parties communicate with each other until a decision is reached
56
Arbitriation
A third party (abritrator) listens to both parties and makes a binding decision | This decision is final and is to be respected by both parties
57
MEDIATION
A third party (mediator) listens to both parties and help them agree upon a decison | Most common used form of ADR
58
3 BRANCHES OF GOVERNMENT
1. Executive 2. Legislative 3. Judiciary
59
HOW MANY RIDINGS IS CANADA DIVIDED INTO ?
338 ridings
60
JURISDICTION
The authority to make laws - The government has *jurisdiction* to make laws
61
CODE OF HAMMURABI
1750 BCE, BABYLON -First set of written laws, 300 written in stone -Punishment for stolen goods is death
62
MOSIAC LAW | Moses
1240 BCE -Laws Moses gave to the Hebrew people ( 10 commandments) -Retribution; Restitution is introduced -If you were found guilty of theft, you had to pay the victim back what was stolen
63
# Think Justice JUSTINIAN CODE
550 CE, Roman Empire -Emperor Justinian codified 1000 years of Roman laws -People are now equal under the law -Robbery wasnt a crime | The word "Justice" is developed from Justinian ## Footnote Women can own property
64
# Think Napolean NAPOLEONIC CODE
1804, FRANCE AND MOST OF EUROPE -Named after Napolean -The husband owes his wife protection ## Footnote DOROMAC
65
# What are: LEGAL RIGHTS
Legal rights are protected by the law and these rights are affected by everyone, meaning anyone can be punished if the rights are violated
66
**legislative** 3 BRANCHES OF GOVERNMEMT
*Federal* -parliament Governor General (monarch) -house of commons - senate *Provincial* -provincial legislature -lieutenant governor( monarch) -Elected house

Understanding Canadian Law--CLU3Ma (6 decks)

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