Flashcards
Unit One Law Test
Cards in this deck (59)
- 1Laws of Space What are the 5 treaties and agreements?1. Outer Space Treaty
2. Rescue Agreement
3. Liability Convention
4. registration Convention
5. Moon Treaty - 2Rule of Law Define and Explain- our laws are the product of consensus, created and implemented by the politicians we have elected to protect and promote our society
-Apply equally to all, no one exempt
-basis is that it is better to be ruled by laws than to be ruled by leaders who act how they please
-need to have peaceful and orderly ways to change the law (democracy) - 3Rule of Law Describe the Concept Map1. rule of law
2. clarity, structure, order
3. rights of individuals, responsibilities of government
4. protected and respected
5. organizations, individuals, institutions
6. justice - 4foundations of Canadian law name the seven divisions- change
-freedom
-order
-justice
-common law
-precedent
-Canada's court system - 5foundations of Canadian law define change- a society responds to change by creating new cultural adaptations
-as circumstances and surrounding evolve, the need for change in laws is reflected
-example: prohibition - legal outlaw of alcohol trying to limit public intoxication, domestic violence etc. (similar to pot legalization) - 6foundations of Canadian law define freedom- one theory of law is to ensure freedom and liberty of each individual
-fundamental freedoms are identified and protected in the Canadian Charter of Rights and Freedoms (1982 Trudeau within the BNA Act of 1867) - 7foundations of Canadian law define order- along with the pursuit of individual freedom, social order is necessary for stability and security
-order is the function of the state; freedom is the goal of the individual - 8foundations of Canadian law define justice- the goal of the legal system is to provide justice to all
-this includes fairness, equity, equality under the law - 9foundations of Canadian law define common law- originated in court system of England in 13th century
-law that is common to all people and has developed out of related court decisions
-crimes across SK will be treated equally if they are the same (bread stolen in 3 diff places, all 3 people fined the same amount) - 10divisions of Canadian law define rule of law-laws apply to everyone and each person is protected by the law, must be known or knowable to all citizens
- 11divisions of Canadian law define codefication- process of compiling, arranging and systematizing laws
-allows clear understanding and consistent application - 12divisions of Canadian law define case law- recording of justice decisions that enable the establishment of common law
-case law defines precedent and supports consistency in applying the law - 13divisions of Canadian law define statue law-divided into public and private law
- 14divisions of Canadian law define procedural law- the rules by which a court hears and determines what happens in a civil lawsuit or criminal proceedings
- 15divisions of Canadian law define public law-controls relationships between governments and those who live in society
- 16divisions of Canadian law define Private or 'Civil' law- outlines legal relationships between private citizens and organizations
- 17divisions of Canadian law define criminal law- the form of law that governs and enforces punishment for criminal acts
- 18divisions of Canadian law define constitutional law- laws that govern the structure of the federal, provincial and territorial governments
- 19divisions of Canadian law define administrative law- governs the relationships and interactions between citizens and government agencies
- 20divisions of Canadian law define aboriginal law- body of Canadian law that concerns the rights and protection of Aboriginal people
-ex: rights to traditional practices - 21divisions of Canadian law define tax law- deals with constitutional, common law etc that are eligible for taxation
-ex: income tax - 22divisions of Canadian law define environmental law- laws protecting, restoring and applying limitations to human interactions with the environment
-ex: deforestation - 23divisions of Canadian law define family law- governs the relationships between people and ensures to protect the safety of all involved, especially children
- ex: divorce - 24divisions of Canadian law define contract law-outlines the regulations of an agreement between multiple parties
-ex: renting an apartment - 25divisions of Canadian law define tort law- (torturous) laws regarding a wrong or injury, whether intentional or not
-ex:killing a pedestrian with your vehicle - 26divisions of Canadian law define property law- governs use, enjoyment, sale of all properties
-ex: property lines - 27divisions of Canadian law define labour law- governs relationships surrounding employers and employees
-ensures safety and equality
-ex: not being paid - 28divisions of Canadian law define commercial law-sometimes known as business law
- body of law that applies to the rights, relations and conducts of people and businesses - 29Define retribution- the act of enforcing punishment for wrongdoings
-ex: jail time for stealing - 30Define restitution- the act of providing compensation for wrongdoings
-ex: paying for stolen goods - 31Explain the passage of a bill in parliament1.cabinet and private members make up house of commons, they bring in a first reading to introduce and a second reading to debate
2. bill gets discussed by a committee
3. goes back to HOC for vote
4. sent to senate where senators vote on it
5. sent to governor general who votes either for or against as representation for the queen - 32Aboriginal customary law who do we rely on for info?-Elders
-They are traditional knowledge keepers, older people, respected by community - 33Aboriginal customary law what is required to interpret this form of law?-Understanding oral storytelling
-different info for different communities
-interpretation of language
-euro-canadian influences - 34Aboriginal customary law what characteristics support the validity of customary law?-around since time immemorable
-reasonable
-certain about who if affects
-been the same since time immemorable - 35Aboriginal customary law how are children disciplined traditionally?-shaming/teasing via peers
-all members of the community teach them how to do better - 36Aboriginal customary law how is customary law enforced?-experienced people will be appointed to oversee and regulate certain groups/activities
- 37Aboriginal customary law explain why there isn't much theft-all possessions belong to all people of the community, there is no need to steal it
- 38Aboriginal customary law how is theft dealt with?-sometimes shaming/teasing
-re-integration into the community would occur where they would have to face victim and their family - 39Define letter of the law-the strict interpretation
-exactly what is says not what was meant by the meaning - 40Define Intent- what the law was trying to address or solve
-the purpose/effect of the law - 41Define Interpretation-how we see law and apply it to a given situation/circumstance
- 42define precedent-the principle in law by which court cases with similar facts result in similar decisions is precedent
-builds on consistency and in that, fairness in law
-in cases of higher court judges are bound by precedent
-in lower court judges are not bound - 43Describe Canada's court system1. supreme court
2. court of martial appeal, pro./terr. court of appeal, federal court of appeal
3. military courts, prov./terr. superior court, fed court
4. prov./terr courts - 44Early history of Law define hammurabi-hammurabi famous king of babylon
-took 282 laws and recorded them, one of the earliest and most important records of written law
-used codification to arrange and prepare laws to be understood
-organized under headings much like today's (family, labour, property etc)
-start of precedence
-retribution important - 45Early history of Law define mosaic law-moses gave laws to hebrew people
-many similar to hammurabi laws
-the ten commandments
-forbid acts such as killing, adultery, bearing false witness etc)
-values hold central position still in jewish and christian religions
-severe punishments (stoning)
-required offender to repay what was stolen (restitution) - 46Early history of Law define roman law-basis for western law
-more complex laws
-developed lawyers
-roman influence enforced many countries
-codification of 1000 roman laws known as Justinian Code
-emphasized equity
-after french rev. napoleon revised french law (consisted largely of roman law) - 47Early history of Law define english common law-king owned all land and divided much among lords/nobles
-in return lords became servants and promised loyalty/military service
-lords had own servants who farmed and gave part of produce to lords/church (some served in armies of lords)
-lord acted as judge in any trial of servant being accused
-wanted to make the law fair, implemented common law
-judges met regularly to discuss cases and share experiences - 48Early history of Law define sharia law-one of world's greatest legal systems
-originated as part of religion
-comes from the koran - word of god
-muslims believe that allah revealed true will to prophet muhammad who wrote it into the koran
-continues to be reinterpreted
-open to interpretation, rules for human conduct, punishing criminal acts - 49traditional aboriginal views of law and justice-community based
-belief in laws developed in harmony with natural enviro.
-learning norms through modelling, all members teachers
-offenders dealt with as community
-want to preserve community on healthy state
-self-worth, dignity, hope, healing of offenders/community were most important in admin of justice
-emphasis on restitution - 50western European views of laws and justice-adversarial system of courts (2 parties in dispute represented before impartial people, decision made)
-punishment system for non-compliance with law
-codified law and/or common law
-deterrence as goal of sentencing
-emphasis on retribution - 51development of canada's constitution explain statute of westminster-gave canada control over its foreign affairs
-1931 - 52development of canada's constitution explain why canada was still not independent-canada did not have the power to amend its constitution
- 53development of canada's constitution describe amending formula-1981
-to change constitution, formula is - consent of parliament, 2/3 of provinces that make up over 50% pop. - 54development of canada's constitution give three examples of fed government powers-peace, good gov'nt, order
-criminal law
-banking, currency, coinage - 55development of canada's constitution give three examples of provincial gov powers-marriage ceremonies
-highways/roads
-provincial jails - 56explain trial by fire-accused held red hot iron, if after 3 days wound healed well they were innocent, if got infected they were guilty
- 57explain trial by water-thrown into pond with hands bound
-if they sank, water accepted them and they were innocent
-if they floated water did not accept, they were guilty - 58explain trial by combat- god would determine who was guilty/innocent
-if accused kill - guilty
-even if accused was only wounded he would be hanged immediately - 59explain compurgation-11 persons would swear accused is guilty
-if accuser produced 11 persons of higher rank, accused was guilty
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- Flashcards on Unit One Law Test, created by Rigel Smith on 22/09/2015.
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- Rigel Smith
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