Unit 1 Review

Question 1

Rule vs Law

Answer 1

not all rules are law but all laws are rules

Question 2

What is Law?

Answer 2

crime/punishment
regulation

Question 3

Rule of Law

Answer 3

1) Law is necessary
2) Law applies to all
3) Nobody can take away your rights

Question 4

Characteristics of Justice

Answer 4

1) Treat like cases alike, different cases differently.
2) Discrimination is unjust
3) Laws should be applied impartially
4) Law must reflect societal values

Question 5

Early British Law

Answer 5

emphasis on God

Question 6

Trial by Ordeal

Answer 6

torture

Question 7

Trial by Oath

Answer 7

friends of accused swear innocent

Question 8

Trial by Combat

Answer 8

fight a duel

Question 9

Adversarial System

Answer 9

evidence taken from 2 parties

Question 10

Feudal System

Answer 10

“divine right of kings”
god-given power

Question 11

common law

Answer 11

decisions are made by previous judges

Question 12

Habeas Corpus

Answer 12

request made to bring wrongfully imprisoned person to court for trial

Question 13

Magna Carta

Answer 13

king/government is not above the law

Question 14

Retribution vs Restitution

Answer 14

retribution: justice through avengement
restitution: justice through financial punishment

Question 15

Mosaic law

Answer 15

laws given by God

Question 16

Greek law

Answer 16

birthplace of democracy

Question 17

Roman law

Answer 17

all laws must be written and revisable

Question 18

Justinian law

Answer 18

foundation of modern civil law
term “justice” is derived from

Question 19

Napoleonic code

Answer 19

men>women
est. after french revolution
focused on civil matters

Question 20

First Nations law

Answer 20

recognized rights to land and traditional practices

Question 21

Iroquois confederacy

Answer 21

union of 6 tribes

Question 22

Sharia law

Answer 22

religious regulations for Muslims

Question 23

Aboriginal customary law

Answer 23

specifically affects Indigenous people

Question 24

Distinguishing a case

Answer 24

identifying a case as different to warrant a different decision

Question 25

statute law

Answer 25

law passed by government

Question 26

jurisdiction

Answer 26

legal authority to pass and enforce laws

Question 27

bylaws

Answer 27

laws that deal with local issues

Question 28

diplomatic immunity

Answer 28

status that exempts one from foreign laws

Question 29

international court of justice

Answer 29

part of the UN settles legal disputes

Question 30

international criminal court

Answer 30

for most serious crimes (genocide, war crimes, etc.)

Question 31

“R” for rex

Answer 31

Latin for King

Question 32

plaintiff

Answer 32

initiates the case

Question 33

defendant

Answer 33

accused one

Question 34

legal fiction

Answer 34

assumption that something is true

Question 35

international law

Answer 35

relations between independent nations

Question 36

domestic law

Answer 36

laws within a nation

Question 37

substantive law

Answer 37

rights/duties/obligations of citizens and government

Question 38

procedural law

Answer 38

prescribed methods of enforcing substantive law

Question 39

public law

Answer 39

relationship between individuals and the state

Question 40

administrative law

Answer 40

relationship between people and the government

Question 41

criminal law

Answer 41

identifies crimes and prescribes punishment

Question 42

private (civil) law

Answer 42

relationship between private individuals or organizations

Question 43

tort law

Answer 43

holds organizations responsible for damage they cause another person

Question 44

contract law

Answer 44

provides rules for agreements

Question 45

family law

Answer 45

deals with aspects of family life

Question 46

wills and estates (estate law)

Answer 46

branch for division of property after death

Question 47

property law

Answer 47

governs ownership rights of property

Question 48

employment law

Answer 48

governs employer-employee relations

Question 49

stare decisis

Answer 49

Latin, “to stand by things decided”

Question 50

sovereignty

Answer 50

supreme power/autonomy

Question 51

state

Answer 51

a political unit with sovereignty over a territory

Question 52

dualism

Answer 52

treats international and domestic systems separately

Question 53

treaty

Answer 53

agreement by negotiation

Question 54

convention

Answer 54

an agreement between nations for regulation

Question 55

bilateral

Answer 55

involving two parties

Question 56

multilateral

Answer 56

includes multiple parties

Question 57

extradition

Answer 57

surrendering an individual to another state for punishment for a crime

Question 58

customary law

Answer 58

based on traditions/customs

Question 59

codification

Answer 59

act of arranging laws into a system

Question 60

ratification

Answer 60

formal validation of a proposed law

Question 61

collective security

Answer 61

cooperation of nations to strengthen security of each

Question 62

constitution

Answer 62

written document containing fundamental rules for a nation/state

Question 63

BNA act

Answer 63

British North America Act (constitution act)

Question 64

federal system

Answer 64

same territory is governed by two levels

Question 65

intra vires

Answer 65

“inside your power”

Question 66

ultra vires

Answer 66

“outside your power” not authorized

Question 67

statue of westminster

Answer 67

strengthened the political system

Question 68

executive branch

Answer 68

sets public policy

Question 69

legislative branch

Answer 69

power to pass laws

Question 70

the judiciary

Answer 70

interprets/applies laws

Question 71

public bill

Answer 71

proposed law which applies to everyone

Question 72

private members bill

Answer 72

policies introduced in the House of Commons by non cabinet ministers

Question 73

royal commision

Answer 73

group chosen by British government to recommend change in law

Question 74

supreme court of canada

Answer 74

jurisdiction over all areas of law

Question 75

superior court

Answer 75

criminal, civil, family cases

Question 76

provincial court

Answer 76

deals with criminal offences

Question 77

canadian charter of rights and freedoms

Answer 77

bill of rights and freedoms served to protect citizens

Question 78

fundamental freedoms

Answer 78

basic required freedoms

Question 79

democratic rights

Answer 79

right to elect the government

Question 80

mobility rights

Answer 80

right to move from place to place

Question 81

legal/equality rights

Answer 81

no one is above the law

Question 82

double jeopardy

Answer 82

prevents double punishment for the same acts

Question 83

language rights

Answer 83

freedom to express ourselves through language