Law Key Terms

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High School Law Flashcards on Law Key Terms, created by Sbhenry on 08/01/2015.
Sbhenry
Flashcards by Sbhenry, updated more than 1 year ago
Sbhenry
Created by Sbhenry over 9 years ago
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Question Answer
LAW Laws reflect the values and beliefs of a society. 1. laws are a set of rules established and enforced by the government. 2. Laws are mandatory. 3. laws involve a detailed system of consequences.
Lobby attempt to influence government to benefit a particular group or organization
Substantive Law The laws that outline your rights and obligations in society. Divided into Public and Private Law.
Procedural Law The legal processes involved in protecting our rights Divided into Criminal, Constitutional, and administrative law.
Public Law Controls the relationship between individuals and the state. Divided into Criminal, Constitutional, and Administrative.
Criminal Law The body of public law that defines crimes and punishments
Constitutional Law Outlines the structure and powers of the federal and provincial governments and addresses all issues concerning the Charter
Administrative Law Outlines the relationship between citizens and government bodies
Private Law Outlines the legal relationship between private individuals and organizations. Divided into Tort, Family, Contract, and Property, and Labour Law.
Civil Law The private law governing the relationships between individuals. Another term for Private Law.
Plaintiff The person suing in a civil action
Defendant In civil law, the person who is being sued; in criminal law, the person charged with an offence.
Tort Law The area of law dealing with damages caused by a person or organization.
Family Law The area of law that regulates aspects of family life.
Contract Law Outlines the requirements for legally binding agreements and remedies if the agreement is breached.
Labour and Employment Law Labour law governs the relationships between employers and unions; employment law governs the relationship between employers and employees.
Code of Hammurabi One of the earliest know set of written laws, recorded by King Hammurabi of Babylon(now Iraq) in 1750 BCE; nearly 300 laws carved in columns of stone.
Mosaic Law The laws Moses gave to the Hebrew people. The Bible tells the story of Moses getting these laws from God engraved on two stone tablets (the Ten Commandments). 1240 BCE
Justinian Code The Byzantine emperor Justinian codified 1000 years of Roman laws in the Justinian Code. It was a collection of past Roman laws, opinions from legal experts, and new laws enacted by Justinian, and it emphasized equality under the law. 550 CE
Magna Carta A famous document that the English nobility force King John to sign in 1215. It recognized the principal of the rule of law, which is the idea that all people - rulers and commoners alike - have to follow the same laws.
Napoleonic Code Also called the French civil code, it was a revised set of civil laws for all French people. Because Napoleon conquered much of Europe around this time, this new set of laws became the legal model for many European countries.
Codification The process of assembling a system of laws into a body of statues.
Retribution A deserved punishment for a wrong
Restitution The act of making good, restoring, or compensating a person for a wrong that was done to him or her.
Feudal System A political, social, and economic system prevalent in Europe between the ninth and fifteenth centuries.
Common Law A system of law based on past legal decision; also known as case law
Case Law Recorded written decisions of judges; also known as common law
Precedent A legal decision that serves as an example and authority in subsequent similar cases.
Appeal Referring a case to a higher court to reconsider the lower court’s decision
Citation The reference for a legal case
Rule of Law The fundamental principle that the law applies equally to all persons
Habeas Corpus A document that requires a person to be brought to court to determine if he or she is being legally detained
Statute A law passed by a legislative body
Civil Rights The rights of citizens that limit the power of governments
The Declaration of the Rights of Man and of the Citizen A document that influenced the development of rights and freedoms in other democracies
Amending Formula The procedure to change (amend) Canada’s Constitution
Patriation The process of bringing legislation back under the legal authority of the country to which it applies
Jurisdiction Authority to do something, such as make laws
Bill A proposed law; a draft form of an act or statue
Reasonable Limits Clause The provision (clause) in the Charter stating that the Charter rights and freedoms are not absolute, so they can be limited if there is justification – Section 1
Rights and Freedoms Legal entitlements that people can expect from the government
Burden of Proof The onus to bringing forth proof (evidence) to prove someone’s legal argument to the court
Notwithstanding Clause The provision (clause) in the Charter that allows governments to create certain laws that contradict some Charter rights – Section 33
Fundamental Freedoms Basic freedoms, such as expression or religion, contained in the Charter
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