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Flashcards in Unit 1 Deck (37)
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what is a lobby?

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


what is a bill?

a proposed law


Who is the defendant?

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


what is another name for common-law?

case law


define rule of law

neither individuals nor the government is above the law


define sovereignty

The states authority to govern itself


amending formula

The procedure to change Canada's Constitution


define jurisdiction

The authority or power to make laws


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


habeas corpus

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


Who is the plaintiff?

The person who sues in a civil action


what is codification?

The process of writing laws down in a clear document


Who is the Crown attorney?

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


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


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


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)


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


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


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.


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

The Constitution


The 10 Commandments were the foundation of

mosaic law


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

napoleonic code


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



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

substantive law


The Lords made these types of decisions by issuing their sentences



what are factors that might cause laws to change?

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


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


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


Who does criminal law involve?

The court a jury and the accused


Who does civil law include?

A court, the plaintiff, and defendant

no jury is needed