Unit One Flashcards
(25 cards)
Why is Dunbar’s Number of interest to legal scholars
About 150 people; beyond that society will need a code of laws, effectively giving up soem freedoms in return for safety and social cohesion
Who is responsible for promulgating the world’s oldest surviving legal code?
-Hammurabi, Babylonian king
-He believeed a universal law would unify his kingdom and protect the weak from the strong
What type of punishment is associated with Hammurabi’s Code?
Retribution, or Eye For An Eye Justice
How has the bible influenced Canadian law
Introduces the idea that individuals should obey the law, not because of compulsion but because it is morally correct to do so
What is the idea of a “common law”
English centralizing notion that those in charge of justice will be predictable and fair in their actions
Why is precedent an important aspect of Common Law
gives judges a common basis from which to make their own rulings
What are some of the legal right which the Magna Carta protects
Rule of Law, which recognizes that the law is a paramount, even to those in charge
What is a ‘statute’
Written law oringinating in Parliament. Can supersede precedent law
Why is the idea of parliamentary supremacy important in a legal sense
The idea that elected representatives have the final say
What is the difference between proccedural and substantive law
Laws about how the law works vs laws that set out the rights and obligations of people in society
What are the two categories of substantive law
Public and private
How to public and private law remedies differ
Public law sanctions oftem include imprisionment as a possible consequence
Private laws often include compensation as an aspect of punishment
Name the three categories of public law
Criminal, administrative, and constitiutional
Name the five categories of private law we looked at
Property, Family, Tort, Contract, Labour
Who can become a judge in Canada
Lawyers who have practiced law for at least five years
What does the phrase “ judges hold office during good behavior” means?
-That judges hold their posistion untik retirement at the age of 75 or resign
-They can also be removed for cause
What are the four causes for which judges can be removed for
Lack of fair demeanor, lack of impartiality, lack of diligence, conflict of interest
The judge constantly appears bored or impatient when teh defense is making their submissions. What is this judge doing wrong
Lack of fair demeanor
What is the standard for proving that a judge has contravened one of the four causes for which they can be removed from office
Standard is how a fair minded or reasonable person would percieve the judge’s conduct
What shoukd you know about Canada’s Court System
Understand the representative jurisdictions of the Supreme Court, Federal Court, Superior Court, the Criminal Law Court, Small Claims Court, and Family Court
What is the meaning of having a “fair demeanor”
Having a fair attitude
What is the meaning of having “no conflict of interest”
When a person’s personal interest could affect their judgment
What is the meaning of dilligence
To be careful and hard-working
What is the meaning of being impartial
Being unbiased
