porpose + history Flashcards
(41 cards)
rule vs law
rules measures where it’s still wrong to break but PUNISHMENTS ARENT AS SERIOUS
LAW ARE TO LINIT THE BEHAVIOR OF CITIZENS
what is law
set of rules established + enforced by gov.
mandatory | have detailed system of consequences
need for laws (5 functions)
establish rules of conduct | provide system of enforcement | protects rights + freedoms | protect society | resolve disputes
rules of conduct function
rules of conduct=guidelines of individuals living w other in society to reduce conflict
system of enforcement functions
laws to have meaning must be enforced -> police + courts oversee operations of laws
protect rights and freedoms function
encourage the values of tolerance and respect
protect society
criminal laws protect people from harm - society defines what’s wrong + set out punishments
resolve and disputes function
settle conflicts and do it fairly
why laws evolve and why having them written
societies grow and laws became more complex
plaintiff
starts lawsuit
defendant
being sued
laws in time line
codes=written collection of laws arranged to be used and understood
substantive law
outline your rights and obligations in society
procedural
processes involved in protection of our rights
public law
controls relationship of gov. and the people
private law
outlines right and responsibilities of private individuals and organizations
what is the code of hummurbia and mosaic law
H retribution for every crime there is a deserved punishment
M payback for harm done restitution
case law
written decision of judges
common law
law based on past legal decisions
precedent
example + authority in subsequent similar cases
appeal
referring case to higher court to reconsider decisions of lower courts
CanLII
Canadian legal information institute
R vs. ______
represents society
magna carta
evolution of rule of law = requires all to obey the law
king john abused power