porpose + history Flashcards

(41 cards)

1
Q

rule vs law

A

rules measures where it’s still wrong to break but PUNISHMENTS ARENT AS SERIOUS
LAW ARE TO LINIT THE BEHAVIOR OF CITIZENS

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

what is law

A

set of rules established + enforced by gov.
mandatory | have detailed system of consequences

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

need for laws (5 functions)

A

establish rules of conduct | provide system of enforcement | protects rights + freedoms | protect society | resolve disputes

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

rules of conduct function

A

rules of conduct=guidelines of individuals living w other in society to reduce conflict

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

system of enforcement functions

A

laws to have meaning must be enforced -> police + courts oversee operations of laws

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

protect rights and freedoms function

A

encourage the values of tolerance and respect

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

protect society

A

criminal laws protect people from harm - society defines what’s wrong + set out punishments

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

resolve and disputes function

A

settle conflicts and do it fairly

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

why laws evolve and why having them written

A

societies grow and laws became more complex

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

plaintiff

A

starts lawsuit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

defendant

A

being sued

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

laws in time line

A

codes=written collection of laws arranged to be used and understood

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

substantive law

A

outline your rights and obligations in society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

procedural

A

processes involved in protection of our rights

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

public law

A

controls relationship of gov. and the people

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

private law

A

outlines right and responsibilities of private individuals and organizations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

what is the code of hummurbia and mosaic law

A

H retribution for every crime there is a deserved punishment
M payback for harm done restitution

18
Q

case law

A

written decision of judges

19
Q

common law

A

law based on past legal decisions

20
Q

precedent

A

example + authority in subsequent similar cases

21
Q

appeal

A

referring case to higher court to reconsider decisions of lower courts

22
Q

CanLII

A

Canadian legal information institute

23
Q

R vs. ______

A

represents society

24
Q

magna carta

A

evolution of rule of law = requires all to obey the law
king john abused power

25
habeas corpus
requires person to be brought to court to determine if they are being legally determined
26
parliament and statute
parliament passes laws known as STATUTES full gaps + made new laws common laws decision made by court codified by the parliament and became statute law
27
statute
law passed by a legislative body
28
rights have developed
western legal and moral thinker = human beings have the right to LIFE LIBERTY SECURITY
29
us revolution + french
after us broke from Britain = BILL OF RIGHTS • basis of freedom and civil rights french= over thrown kings + church = guaranteed basic freedoms and became basis of future modern democracies
30
universal declaration
after ww11 = equal rights w/o discrimination -> canadian bill of rights
31
amending formula
procedure to change (amend) canadas constitution parliament can’t vote* • federal gov. needs 2/3s of provinces w 50% must agree
32
development of canadas constitution (BNA + constitution act)
British north American act = dominion of Canada was the last link of keeping Canada from independency Constitution act= constitution transferred to CAN. from Britain = process patriation
33
3 levels of gov
federal provincial municipal
34
federal gov
3 branches executive legislative judiciary new law bill introduced by cabinet minister gov has majority passed bill-> senate -> governor general -> royal assent = law
35
provincial gov.
same as Federal W/O SENATE -> 3 readings -> lieutenant governor for queen signature
36
municipal gov.
elected council vote + procedure vary garbage regulations for collecting water services local police
37
laws are made 3 branches of gov.
intro= pass thro both senate and house of commons authorizes the print second = principal of bill debated - committee hearing report • house of C may change + voted on 3rd last opportunity for amendment- senate review - first read and redo to be passed senate and house must pass a bill in identical form
38
negotiations
discuss problem to reach agreement
39
mediation
negotiation between disposing parties assisted by a neutral
40
arbitration
procedure dispute is submitted agreement of parties to 1+ arbitrators who make binding decisions
41
ADR
most common mediation trained for helping people involved to come up w solutions for cost or time sometimes for backlog due to over crowding => injustice