Unit 1 Flashcards Preview

Law > Unit 1 > Flashcards

Flashcards in Unit 1 Deck (37)
Loading flashcards...
1

what is a lobby?

to seek to influence the government to make certain laws a proposed law

2

what is a bill?

a proposed law

3

Who is the defendant?

A person who is sued in a civil action or charged with a criminal offense

4

what is another name for common-law?

case law

5

define rule of law

neither individuals nor the government is above the law

6

define sovereignty

The states authority to govern itself

7

amending formula

The procedure to change Canada's Constitution

8

define jurisdiction

The authority or power to make laws

9

what is a legal citation?

it lists the basic facts in a legal case and makes it easy to locate the case in the law library

10

habeas corpus

The legal right of a person who is in prison without explanation to appear in court within a reasonable time

11

Who is the plaintiff?

The person who sues in a civil action

12

what is codification?

The process of writing laws down in a clear document

13

Who is the Crown attorney?

A prosecutor in a criminal matter who works on behalf of society

14

civil versus criminal law

civil law involves only the people involved and is person versus person
criminal law is somebody versus the crown because they committed a crime against the government

15

trial by water versus trial by combat

trial by water was mostly used for peasants. they were bound tightly and then thrown into a lake. if the water excepted them they were innocent but if they floated they are guilty. water represents everything pure

trial by combat with usually used by nobles who had enough money to hire Knights to fight for them. the person who was less hurt was innocent because God gave them the power to fight

people usually died in each type of trial

16

arbitration versus mediation

arbitration is when a third party listens to the two parties and makes a decision for them

mediation is when a third-party listens to two parties and helps them make a decision (compromise)

17

restitution versus retribution

retribution is giving exactly what has been taken but restitution is paying a fine or punishing in jail for an offense

retribution used to be the common way of punishment but in modern society restitution is the common way of punishing

18

statute law versus common law

common law is law based off of a precedent (past rulings), judges trial decisions and reported case law

statute law fills in the blanks for when no past cases have been reported

judges must consider both common in statute law when deciding a verdict

19

rules versus laws

A rule is something that you should follow and the punishments aren't that severe. A law has federal consequences and you must follow them. If not you will have to go to trial.

20

what is known as the legal blueprint or supreme law of the country?

The Constitution

21

The 10 Commandments were the foundation of

mosaic law

22

what type of law is most closely linked to Quebec civil law?

napoleonic code

23

The earliest written legal code of Hammurabi was created in this ancient empire

Babylonian

24

The criminal code and the charter of rights or freedoms are a part of what kind of law?

substantive law

25

The Lords made these types of decisions by issuing their sentences

arbitrary

26

what are factors that might cause laws to change?

A society changes and new problems occur. Laws must be kept up to date

27

what are the divisions of Canadian law?

substantive law which includes statutes and case law and procedure law which are rules


substantive law can be divided into public law in private law

public lot includes criminal law constitutional law in administrative law

private law includes family law contract law tort law property law and labor law

28

substantiative law versus procedural law

substantial law consists of all laws that involve rights and obligations in a society

procedure Law outlines the steps and rights needed to take in substantive law

29

Who does criminal law involve?

The court a jury and the accused

30

Who does civil law include?

A court, the plaintiff, and defendant

no jury is needed