Unit 1 Flashcards Preview

Law > Unit 1 > Flashcards

Flashcards in Unit 1 Deck (47):
1

What is law

rules that regulate and enforce behaviour

2

What is a rule

guidelines in social situations that keep order.

3

When does a rule become law

Enforced by the gov't
Detailed system of consequences
Is mandatory

4

Why are there laws

To limit the behaviours of citizenss; punishment enforces, protects society, provides society with a system to settle disputes

5

Functions of Law (5)

Establish Rules of Conduct
Provide a System of Enforcement
Protect Rights + Freedoms
Protect Society
Resolve Disputes

6

Elements of Citations

v-versus,
200X - year of decision,
NSSC- (Nova Scotis Supreme Court), court ruled
20-volume no.
CanLII-Cdn Legal Info Institute

7

Precedent

earlier cases lawyers and judges refer to in similar cases

8

2 basic types of law

Substantive- rules that outline rights/obligations, criminal code.
Procedural - steps involved in protecting your rights, formal procedures police follow to get a search warrant

9

2 types of substantive law

Public - controls relationship between the gov't and people
Private (civil) - outlines relationship bwtn citizens and other people/organizations

10

Types of public law

criminal, constitutional, administrative

11

Criminal law

offences against society. serves punishments

12

Constitutional law

structure of fed/provincial gov't, Charter of Rights and Freedoms (1982)

13

Administrative

Relationship btwn the citizens and gov't boards/agencies

14

Types of Private law

Tort, Family, Contact, Property, Labour/Employment

15

Tort law

wrongs person commits against another, sueing for damage

16

Family law

regulates aspects of family life, btwn persons, deals w/separation, divorce.

17

Contract law

requirements for legally binding documents

18

Breach of contract (term)

someone doesnt fulfill their part of the bargain

19

Property

btwn people and property, use, enjoyment, sale, lease

20

Labour/Employment

relationship btwn employees and employers, unions, pay equity, etc

21

Common Law

based on precedent: Judge makes a decision, serves as example in subsequent similar cases. Can ignore precedent if they see a need.

22

Universal Declaration of Human Rights

UN formed to guarantee ppl certain rights/freedoms

23

Cdn Bill of Rights

Diefenbaker (Progressive Conservative)
movement in 1945. Passed Bill of Rights, however it applied to federal matters, did little for equality, Trudeau promised greater social justice w/Constitution Act

24

Significance of BNA Act

First constitution passed on July 1, 1867. (ON, QC, NB, NS)

25

How does a bill get passed?

House of Commons - 2 readings/votes, sent to committee and studied w/ possible changes, a final 3rd reading/vote
Senate - 3 readings + committees
Governor general - signs bill into law

26

How provincial laws and municipal bylaws are passed

Same but w/out Senate, councils w/ a mayor/reeve vote

27

What is a constitution

blueprint of how country should be run and what it should be like

28

When did the constitution get patriated?

1982 through Trudeau. He had to get most of the provinces to agree to the new constitution. Everyone wanted everything in negotiations, their part of the bargain.

29

Charter of Rights/Freedoms

guaranteed rights to ppl, meant provinces would give up power, so some refused to sign.

30

Which province did not sign the new Constitution

Quebec, do they can separate w/provincial referendum

31

Section 1

reasonable limits clause - rights/freedoms are limited if the limitation can be justified in a free society. Courts usually decide what is "reasonable" (ex. limited freedom of expression if saying hate speech)

32

section 2 of the Charter? What is it comprised of?

Fundamental Freedoms
1. Conscience/religion - free to practice religion, cannot be forced. Limits exist like illegal to target groups b/c of color, race, etc + spread hate/ gov't will ban material obscene
2. Thought, belief, opinion, expression - incl. all communication, illegal to target group/spread hate
3. Peaceful Assembly - Right to participate in public demo/protest for social justice, "peaceful"
4. Association - Join together in groups ie. sports, culture org,

33

Unlawful assembly vs riot

3 or more ppl come together to cause fear
vs. at least 12 ppl unlawfully assembled and disturb peace

34

Section 3-5?

Democratic rights - Citizenship rights, esp. the right to vote. entrenched.

35

section 6?

Mobility Rights
- Guarantees Cdns right to enter, remain, or leave country/province
- Guarantees Cdns/PR to live in or work in any province
- Restrictions: province w/low employment rate

36

S. 7-14?

Legal Rights - Personal/privacy rights + safeguard procedural rights in criminal justice.
If rights of the accused are violated, the accused can seek a remedy (2 methods: authority from s. 52 of constitution OR seek remedy from s. 24 of charter)

37

In the legal rights section, what is stated involving arrest, being charged, punishment and self-incrimination?

7 - Right to life, liberty, security
8 - Against the unreasonable search/seizure
9 - Not being arbitrarily detained/imprisoned
10 - informed promptly, a right to consult lawyer/legal aid
11 - Rights at trial: to be told what offence w/ a reasonable time, not denied reasonable bail, trial, and trial. Accused cannot be forced to testify
12 - not subject to cruel and unusual punishment (max. sentence for arson is 14 yrs)
13 - witness can't have evidence used against them except perjury
14 - right to an interpreter

38

Stay of Proceedings

court order to stop the trial proceeding until a condition is met

39

s. 15? s. 28?

Equality rights: protecting Race, nation/ethnicity, color, religion, mental/physical disability, age, sex.\
28 - against gender discrimination

40

Remedy

mechanism for forcing someone's rights (ie. issuing letters of apology, paying lost wages, or benefits. etc)

41

Statute law

Created by Legislation (Parliament makes law), where jurisdiction laws apply, local laws (bylaws)

42

Significance of Statute of Westminster

gave Canada control over its foreign affairs

43

Significance of the Constitution Act

In the 20th century, Britain allowed Canada to to make its own constitution.
(1867) Lists Federal, provincial, and territorial government powers. Outlines which gov't has jurisdiction to make laws in some areas.

44

Notwithstanding clause

Section 33, provision in Charter allowing gov't to create certain laws that contradict Charter rights.
- Must be reviewed every 5 years

45

To which sections does the Notwithstanding clause apply?

Applies only to Fundamental Freedoms (2), Legal (7-14), and equality (15).

46

s. 25

Aboriginal Rights - cannot interfere with Aborginial rights, treaty rights, etc.

47

Options of remedies

Strike Down - law deemed invalid
Read down - narrow interpretation of the law (specific part is invalid)
Read in - add term that changes the law, but allows it