Law Quiz #1 Flashcards
(51 cards)
1
Q
How is a rule different to a law?
A
Laws have specific legal sanctions that occur when broken
Rules are less strict, sanctions won’t always follow
Rules can be made by anyone, laws must be made by the government
2
Q
Six Functions of Law
A
- To avoid/settle disputes
- Sets rights and obligations
- Provides remedies
- Maintains order and provides protections
- Sets up the structure of government
- Directs how to make laws
3
Q
4 reasons for asking questions
A
Legal Significance, Legal Perspective, Interrelationships,
Change and Continuity
4
Q
Legal Significance
A
Why is a law or legal issue important? Why is an issue important in relation to the law?
5
Q
Legal Perspective
A
How might members of the justice community view this event or legal controversy?
6
Q
Interrelationships
A
what roles do individuals, groups and governments play in the justice system
7
Q
Change and Continuity
A
How have laws changed over time? Why have they changed?
8
Q
5 factors of a good question
A
- Generates additional questions
- Leads to more than one possible answer/response
- Links to essential ideas in a discipline
- Connects to a concept of thinking
- Focuses upon aspects of the content or evidence under exploration
9
Q
Why do laws change?
A
As a society and its views change, so do its laws. Laws change as society does to reflect society.
10
Q
How are changes made? (3)
A
- By the government
- By the courts
- As a result of public protest
11
Q
6 changes/occurrences that influence laws
A
- Demographic changes
- Technological changes
- Changes in Values
- National and International events
- Natural and Human disasters/crisis’
- Social Media
12
Q
How do demographic changes influence laws
A
- Movement from rural areas into the city caused an increase in job demand, job safety and job equality
- Aging population will have different legal changes than a younger population
13
Q
How do technological changes influence laws?
A
- Change in infrastructure/technology require a law change (i.e. invention of cars)
- New technology impacts behaviour and thus the law
- Cellphones, distracted driving, internet, e-cigarettes, hacking, selling of information, luring, AI
14
Q
How do changes in values impact changes in the law
A
- Lobby groups organize to influence the government to change the laws
- E.X. Seat belt laws, same sex marriage, marijuana laws, rape & sexual assault, domestic abuse
15
Q
How do religious values influence changes in the law
A
Polygamy, Sharia Law, Religious head ware, “separation of church and state,” that one Quebec law
16
Q
How do national and international events impact changes in the law
A
- Income tax, war measures during WWI
- Security provisions at airports after 9/11
- ISIS
- Migrants/refugee movements
- Nuclear Arms deals/controls
17
Q
Natural and Human disasters or Crisis
A
- Global Warming, Arctic Sovereignty
- Tsunamis/Hurricanes/Droughts
- Global Warming/Pollution
- Syria, Afghanistan, Iraq, war-torn counties, genocides
- Ebola epidemic
- Avian Flu
- Covid-19
18
Q
How does social media impact changes in the law
A
- Cyberbullying
- Online Harassment
- Privacy issues
- Kids Online Safety Act (but fuck the kids online safety act)
19
Q
3 conditions for change to occur
A
- The country as a whole must respect the rule of law
- There should be a democratic system of government
- The justice system must be independent of the other branches of government
20
Q
What is the Rule Of Law
A
A Fundamental legal principle that society is governed by laws applying equally to all persons and that neither any person nor the government is above the law
21
Q
4 elements of the rule of law
A
- Recognition that the law is necessary in an orderly society
- The law applies equally to everyone
- A persons legal rights will not be taken away except in accordance with the law
- The law must be respected; changes to the law will occur in an orderly fashion that reflects a democratic society
22
Q
Elements of a democratic government
A
- Allows for peaceful and orderly change
- The people have the power to change their government through elections
- Some democracies have a constitution and bill of rights, either written or unwritten
- People have a clear idea of their rights and freedoms under the law
- They can challenge laws through the courts that they believe infringe upon their rights which can result in laws being read down or struck down
23
Q
Elements of an independent justice system
A
- Judges have the right to function independently without interference from the government, fear of losing their position or being jailed because of a ruling
- The countries courts are organized in a hierarchical manner with many courts at the bottom and one at the top. This allows for decisions to be appealed to higher courts
- Court decisions can change the law (case law/common law) or the meaning of statute law
- Lawyers are also guaranteed the freedom to defend clients, whether it’s an accused in a criminal case or a person seeking damages in a civil case
24
Q
Primary sources of law (4)
A
The parts of our legal system that have influenced our ideas and values about law over the longest period of time
- Religion and morality
- Historical influences
- Customs and Conventions
- Social and Political Philosophy
25
Secondary Sources of law (3)
- The Constitution
- Statute law
- Case Law
26
Religion and Morality as a source of law
- Judeo-Christian influence (God) introduced to Canada by Christian Missionaries and colonists in the 16th and 17th centuries
- Morality: Right vs. Wrong behaviour (as determined by society)
- Other countries laws reflect their religious heritage (Qur'an -> Islam, India -> Hinduism)
27
Mosaic Law as a source of law
- The laws of Moses aka biblical law from the Book of Exodus- the Ten Commandments
- Concerned with punishing a deliberate action than an accidental act of harm
- Punish the guilty party rather than shift punishment to a person of lesser status
- Care for the poor was expressed
- Respect for the parents
- Emphasized fairness and equality
28
Historical Influences on law (6)
- Code of Hammurabi
- Greeks (Participation, Jury)
- Romans (Written Codes, Lawyers)
- Indigenous peoples (Consensus, Constitution)
- British (Case law, Rule of law, Habeus Corpus
- French (Civil Code)
29
Greek influence on laws
- Were the first to practice democracy in political and legal system
- Advent of Juries
- Democracy was limited, citizenship to native born men over the age of 18
- Women, foreigners and slaves were excluded from politics.
30
Roman influence on laws
- Roman Laws were codified on 12 tablets that were displayed in the Forum
- They covered almost every aspect of Roman life (marriage, property, business laws)
- 529 CE, Justinian Code
- Lawyers were trained to advise citizens
31
Indigenous influence on laws
- Had their own legal system
- Laws were passed down through storytelling
- The Iroquois Confederacy of five nations formed their Union through a formal constitution
- Every person in the confederacy had a voice in national affairs (consensus)
32
British influence
- The greatest influence on our government and laws
- In medieval England there was no standard way of deciding a person's guilt or innocence
- Systems of adjudication varied and were influenced by local custom and superstition (trial by ordeal or trial by combat)
- Innocent people suffered
- 1066; Implemented the feudal system and gave the authority to judge local disputes to his Barons or Landlords
- In the 12th century, King Henry II trained circuit judges who traveled and held assizes (traveling courts) and heard local cases
- As judges made their rulings, they wrote their decisions and legal reasoning. Other judges could consult the decision. This was known as case law or common law, because it allowed the law to be applied in a common fashion throughout the country.
- Henry also established the jury system. The right to a trial by jury was broadened under King John who signed the Magna Carta which brought in two legal principals: Rule of law and Habeas Corpus
33
French influences on law
- France's legal system has roots in Roman law
- Quebec retains much French Civil Law. The roots come from Napoleon Bonaparte's Napoleonic Code or the French Civil Code
- Precedents are not as important in deciding cases, rather judges must refer to the Code itself and to scholarly interpretations of the code in making their decision.
34
Customs and Conventions
- Laws are supported by established ways society has of doing things
- Customs -> a way of doing something over time -> force
- Convention -> a way of doing something that has been accepted for so long -> an unwritten rule, usually deals with political justice
35
Social and political Philosophy
- Change over time and new laws must address the changes
- Tied to changing societal values, E.X. Civil rights, Universal health care
36
Secondary sources of Canadian law
- Laws and reported cases that have been written down by various law makers.
- Societies values, beliefs, and principles are enshrined in written rules and regulations
37
The Constitution
- The supreme law of the land
- Overrides statute law and case law
- Originally the BNA Act, now the Constitution Act, 1867
- Similar to UK's ideas, customs, conventions, values and principles
38
Two important Constitutional principles
- Judicial independence
- Parliamentary Supremacy
39
Statute Law
- Made by federal and provincial legislature
- Takes precedence over Case Law
- Gives lawmaking power to democratically elected representatives
40
Case Law or Common Law
- Evolves through decisions by judges
- The highest court to make a decision will set a "precedent" that all similar cases must follow
- Case Law can be changed by Statute Law, but both must defer to Constitutional law
41
Legal Pyramid
Top: Constitution and Charter
Middle: Statutes and Acts
Lowest: Case Law
- Law flows downward, levels must agree with each other
42
About Case Law Citations
- As the number of judges and court cases increased in Canada, decisions were recorded and published
- Common law is often called case law
- Cases can be found in Canadian Criminal Cases (C.C.C.), Reports of Family Law (R.F.L.), or Supreme Court Reports (S.C.R.)
- Reporting websites such as CanLII, the Canadian Legal Information Institute are used
- Sites basic information
43
What does Case Law cite
- basic information
- Who's involved
- Whether the case is public or private (civil) law
- The year the decision was reached
- Which court heard the case
- The name of the published book (the law reporting series of books) in which the court decision appears
44
Case Law Neutral Citations
- Used for cases published online
- Specify the case name, the year of the decision, the court hearing the case and a court assigned number for an internet case reporting website
45
Statute Law Citation
- Title
- Volume
- Year
- Chapter
- Alpha-numeric designation
- Section Numbers
46
Statute Law Citation: Title
This is the title of the statute, followed by a comma. Use the short title of the act
47
Statute Law Citation: Volume
Cite the revised statuses as in the above example or cite annual volumes as S.C. No comma follows. The abbreviations signify “Revised Statutes of Canada” and “Revised Statutes of Ontario”
48
Statute Law Citation: Year
Immediately after jurisdiction. A comma follows the year
49
Statute Law Citation: Chapter
Abbreviate to a lower-case “c” followed by a period.
50
Statute Law Citation: Alpha-numeric designation
The letter is drawn obviously from the title of the statute. Federal statutes are noted with a hyphen (I-21)
51
Statute Law Citation: Section Numbers
Abbreviate section to “s” and sections to “ss.” Place a comma after the alphanumeric designation if you are citing a section
