Week 1: INTRO TO SPORT LAW Flashcards
(38 cards)
Law definition
- Rules that help something function
- Enforced by judiciaries: the court
What are Norms?
Common ways of behavior
What are Rules?
Created by Government
Why do we have laws?
- to create order
- to enforce people
- avoid chaos
- protect us from other governments
- society justifications from the wrong
- guidelines for how were suppose to act
- an element of justice if people are harmed and the law can address the issue and who goes against the law to get punished
What year was the 1.Constitution and 2.Charter of rights and freedoms created? and what happen?
- Constitution: 1867
- CORAF: 1982
- 2 different countries came to Canada and colonized
- France and England
-In 1867 is when Canada become a country. It outlined our government and how the court system will work (structure was created)
- In 1980 major change: Pierre Trudeau outlined a charter of rights which gave rights and freedoms to Canadians
- in place to protect us from the government
What is the RULE OF LAW
- Basic rule system (Fairness)
- Means we are all equal in the eyes of the law and nobody is above the law (race, gender)
-Before the court of law nothing mattered and the court decided what happen to you
Common law is decided by who?
Decided by Judges
What is common law?
British system
- decisions made by the judge
- ties to precedent (state decisions)
- Judged based decisions evolves over time as judge decided
EX: assault with a weapon: a judge can decide that a hockey stick is a weapon
What is statutory law?
French system
- written hard (codified) laws
- Interaction of statues and common laws in Canada
EX: Criminal code of Canada
How is federal law treated?
Equal across the whole country
What are the 3 middle courts in province from highest to lowest?
Appeal court (highest) Superior court (middle) Lower court (lowest)
What is the appeal court?
- to look at the decisions of the lower court and superior court to see if there was
- error
- bias decisions
- can overturn a decision or keep it
What is the superior court?
- 18 month trials
- deals with bigger offences
What is the lower court?
- deals with small crimes, minor offences
- only deals with the laws that are in the province of offence
What is higher than the appeal court?
Supreme Court
- is a national level court
- deals with world issues and big deal decisions
What is lower then the lower court
Tribunals
-doesn’t have all the characteristics like the higher courts do
What is private law?
- Related to private interests between individuals and the government is not involved
- Tort law: Suing
EX: contracts
What is public law?
- the government is involved
- criminal law: seen as the states law has be violate and the country has been harmed
EX: in court cases look like this (R. v. T)
state vs person: Regina v. Tim
Does sport organization fall under private or public law?
- Both
- Suing, contracts (a single case can call both)
What is Federal Law?
- criminal law across the whole country
- Us can go state to state fro criminal law
EX: some can have life sentences and some can have death penalties
What is Provincial law?
- Provinces can change the law slightly because of the charter of rights and freedoms
- can use federal laws for guidelines
EX: the humans right code of Canada can be changed to = the Ontario human rights code
-Ontario’s can be different then Alberta’s
How are new law established?
- different situations
- things can occur
- development of laws around computers, cyberbullying or intimate pictures
- cause the government can cause their gangsters
EX1: weed becoming legal
EX2: Boxing was legal but martial arts was not because they weren’t wearing padded gloves
What’s the major issue in society relating to new laws being made?
electing new members into the parliament which change laws
How is a bill passed? (8 main stages)
- write the bill with new law
- goes to HOC (house of commons)
- bill gets read and discussed
- gets voted on
IF YES (if the bill gets voted in favour it will be looked at more and passes through the HOC to next stage)
IF NO
(if the bill is not noted for they will get other parties to vote on it)
- once passed thru HOC senate looks at it
- senate approves gets royal approval
- queens representative will sign off on it
- NEW LAW IS MADE!
