Flashcards in Unit 1 Deck (37)
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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