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57 Cards in this Set
- Front
- Back
Rules |
- Apply to specific groups
- Are internally imposed - Are internally enforced |
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Laws |
- Apply to the whole society
- Are made by government (laws are made by government on behalf of all citizens and can only be changed by the government) - Enforcement applies to everyone (more severe) |
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Purposes of Law |
1. Establish Rules of Conduct 2. Provide a system of enforcement 3. Protect Rights and Freedoms 4. Protect Society 5. Resolve Disputes |
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Code of Hammurabi |
- As civilization like Egypt and Babylon developed, leaders created and enforced laws they claimed were divinely inspired
- In Babylon Hammurabi (1792-1750) recognized that as a society became more complex, the nature of law also became complex - Earliest Known Example of Codified law"Eye for an eye, tooth for a tooth" |
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Mosaic Law |
- The story of moses (13th century BCE) is recorded in the book of exodus of the bible
- As Iseralites walked away from slavery from Egypt to the promised land, Moses was called by God to receive the core of mosaic law. - Moses would settle legal disputes by interpreting the laws - The administration of the ten commandments was complex and required further detail (found in book of exodus) |
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Greek Law
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- The most influential component of ancient Athenian law was the process for choosing leaders
- This is concept is called "Democracy"Greek: "Demos"- All citizens were given one vote and equal before the law -(Women, slaves, foreigners) = not people but majority |
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Roman Law
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- The Roman empire was a huge, complex, society that controlled much of Europe, north Africa, the middle east and western asia- Because of this complexity, some people were required to study law full time (jurists)
- In the 6th century Justinian (482-465) ordered all the laws written down (codified) - The Justinian Code played a huge role in developing the Napoleonic code and the Quebec civil code |
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Development of Common Law
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- The anglo-saxon domination of Britain ended when conqueror of Normandy (1028-1087) seized control of the island
- He set up a system of feudalism in order to replace anglo saxon nobillity with barons loyal to him - Feudalism was a system of landholding in which large landholders, protected small landholders in exchange for payment - Serfs worked the land and, while in theory they were the king's stewards, they were actually little more than slaves |
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Anglo-Saxon Law
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- When the Roman Empire fell, the anglo-saxons migrated into modern day Britain
- The Anglo-saxons divided the islands into small states. They ruled the land through unwritten customs but because the laws were unwritten, they were often twisted to suit people in a position of power - 3 methods to advocate disputes |
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Trial by Ordeal
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- Direct appeal to God and his divine intervention
- An accused would be exposed to physical harm. - If innocent, God would presumably intervene and save the accused from harm Ex. Trial by Hot iron, Trial by cold water |
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Trial by Combat
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- Disputes among royalty were often solved through duels
- If a person was presumed innocent of charges against them. It was presumed god would intervene and save him/her - Wealthy could hire someone to fight on thier behalf making it flawed |
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Trial by Jury
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- King Henry II (1154-1189) created two types of bodies dealt with land disputes
- They were comprised of twelve local men who would give the judge truthful information under oath which he could render a verdict(Eventually those men could also render a verdict) |
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King John and the Magna Carta
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-1215 King John (1167-1216) was defeated at the battle of Runnymede by a coalition of barons and clergy
- After losing he was then forced to sign the great charter (Magna-carta) - Intended to protect the rights of the barons and clergy; it became the basis of civil liberties in the English Legal tradition - Established a principle "Rule of law"Rule of Law "No one (not even the ruler) is above the law and that law should apply equally to all" |
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Types of Law |
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Substantive Law |
The laws that outline your rights and obligations in society |
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Procedural Law |
The legal processes involved in protecting our rights |
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Public Law |
Controls the relationship between the government and the people. It represents laws that apply to all individuals |
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Criminal Law |
- Outlines offences against society accompanying punishments - Includes: Criminal code, youth criminal justice act |
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Administrative Law |
Outlines the relationship between citizens and government bodies |
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Constitutional Law |
Outlines the structure and powers of the federal and provincial governments |
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Private Law |
- Rights of responsibllity or individuals and private organizations
- Lawsuits involving the persons who starts it (plantiff) and the person being sued (defendant) |
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Tort Law |
- Comes from the latin term tortum, which means to wrong somebody- A tort is a civil/private wrong committed against another person
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Family Law
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- Deals within/about family matters (Divorce, seperation)(Jurisdiction over family law is divided between federal and provincial government)
Federal - Marriage and divorce Provincial - Solemnization or marriage |
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Contract Law |
- Deals with Legally binding agreements
- Must have a legal relationship - One party can be sued if they do not live up to the contractual obligations (breach of contract) |
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Property Law |
- Use, enjoyment, sale and lease of property- Real estate + tresspassing
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Labour Law |
- Governs relationship between employers and employees- Covers the topics such as minimum wage, right to strike
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Common Law (Case Law) |
Law based on precedent, past legal decisions presented in similar cases |
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How a bill becomes law |
First Reading: Bill Introduced Second Reading: Bill is debated in the house of commons Committee Stage: Bill is studied, revised or changed Third Reading: Further debate on Amended Bill/Vote in the house of commons- Senate: (Similar process; 3 readings vote)- Royal Ascent (Government Signs bill into law ) |
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Precedent |
- A legal decision that serves as an example and authority in subsequent similar cases; basis for the rule of precedent
- legal principle where similar facts result in similar decisions |
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Statue |
a law or act passed by a government body such as parliament or a provincial legislatureStatue Law: Law passed by legislative body
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American Revolution 1775 |
- U.S Broke away from British rule and issued the declaration of independence
- 1971, the U.S Bill of Rights was added to the U.S Constitution (Still basis of civil rights today) |
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French Revolution 1789 |
- Influenced by the ideas and equality in the american revolution
- A national assembly was set up with members who were elected by citizens - Concept of "Nation-states" came out of this revolution |
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Universal Declaration of Human Rights (UDHR)
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- During WWII numerous atrocities were comitted
- In 1945 after the war ended the United Nations (UN) was formed - UN Commission on human rights produced a list and freedoms for all people in the universal declaration of human rights |
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Canadian Bill of Rights
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- In 1960, Prime Minister John Diefenbaker's government passed the Canadian Bill of Human Rights
- Similar to UDHR, the bill of rights codified many civil rights that been established over many years common law in Canada ( For the first time, Canadians had a list of rights and freedoms for reference) |
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Excerpts |
- Freedom of Religion, speech, peaceful assembly and association with the press - Right to be innocent until proven guilty |
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Constitution Act 1867
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- "British North America Act" When Canada became an independent country
- British still controlled our foreign affairs until 1931 (SOWM) + needed to ask permission to change consitution -Explains the specific powers that our levels of government have as well as what they are responsible for - Our levels of government are federal, provincial and municipal - The federal government's powers are outlined in section 91 - The provincial government's powers are outlined in section 92 - Section 93 gives provinces control over education |
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Federal Government Powers (Section 91)
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- Criminal Law
- Banking/Currency - Unemployment insurance - Federal penitentiaries |
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Provincial Government Powers (92)
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- Hospitals
- Provincial Jails - Properties and Civil Rights |
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Which Section of the Charter of rights and freedoms, grants everyone the right to life, liberty and security of a person?
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Section 7 |
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Which section grants all detained persons the right to a writ of habeas corpus (You can't be held in prison for no reason)
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Section 10 |
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What effect did the charter of rights and freedoms have on separate schools?
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Religion and Language |
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The Canadian Charter of Rights and Freedoms |
- Was entrenched (safeguarded) in the Canadian Constitution on April, 17 1982
- This means our rights and freedoms are protected in the constitution - The charter applies to every level of government and overcomes the limitations of the previous bill of rights -Most rights are not absolute; can be limited but this must be justified |
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What section is the 'notwithstanding clause?"
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Section 33
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What does this mean? |
This clause allows governments to enact or maintain laws notwithstanding (or in spite of) the fact that they may violate rights and freedoms in the charter- If a government is using this clause, the law they are enacting must be reviewed every 5 years |
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What section is the 'reasonable limits clause"
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Section 1 |
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What purpose does this clause serve?
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- Rights and freedoms may be limited if the limitation can be justified in a free and democratic society(Courts usually decide what 'responsible' means on a case by case basis)*Freedom of speech but promoting hate
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Amending Formula |
- In order to change constitutional law: the federal government and at least two-thirds of the provinces with 50% of the population must agree(Statue law is not ordinary law)
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Federal Branches |
(There are 3 federal branches of government that pass laws, interpret them and ensure they are carried out
Executive: - Govenor General - PM - Cabinet - Civil Service Legislative: - House of commons - Senate Judiciary: - Judges |
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How Provincial Laws are passed |
- Similar to federal lawsDifferences: No senate, Queen's representative at provincial level is Lieutenant Governor who signs bill into law
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How Municipal Laws are passed (Bylaws) |
- Known as Bylaws- Elected councils (Mayor, city Councillors) debate and vote on bylaws. If the vote passes the bylaw is enacted
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Fundamental Freedoms |
Section 2 of the Charter explains the basic freedoms provided to all Canadians - Freedom of Conscience and Religion - Freedom of Thought, Belief, Opinion and Expression - Freedom of peaceful Assembly - Freedom of Association |
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Freedom of Conscience and Religion |
- Everyone in Canada is free to practice and follow their religion or faith - No one can be forced to act in a way that violates their religious beliefs |
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Ex. Rv. Big M Drug Mart (1985) |
- Defendant was charged with violating a federal statue, the lord's day act that required all business to observe sunday as a religious holiday - The defendant claimed this legal requirement violated section 2a right to freedom of religion - Supreme court of Canada agreed and Lord's Day Act was declared of no effect and Big M Drug mart was acquitted of it's charges |
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Freedom of Expression |
- Includes all forms of communication and expression - May be limited if it is hate speech or discriminatory |
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Ex. James Keegstra (1990) |
- Teacher and Alberta and fired because he taught students the holocaust never happened - Claimed Holocaust was a lie and jewssss did it - Charged under section 319 (2) or the criminal code for hate speech - He said it violated his freedom of expression and the supreme court ruled that it was under reasonable limits clause |
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Democratic Rights |
Sections 3, 4 and 5 of the charter - Right of citizens to vote - Election must be held every 5 years - Everyone may run for office |
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Ex. Richard Suave vs Canada (1993-2002) |
- Richard Suave was a former member of Satan's Choir motorcycle gang and was serving a life sentence as he was convicted of first degree murder - Argued against Section 51 of the elections act that prevented prisoners from voting - The Supreme Court agreed with them so they can vote lol |