Public
Outlines offences against society
criminal law
Marriage, divorce, custody, and adoption comes under this branch of law
Family law
The earliest known sets of written law circa 1750 BCE
Code of Hammurabi
What is case law?
These are recorded written decisions of judges. This is also know as common law.
What is the accused called in a civil or criminal case?
Defendant
Outlines the structure and powers of the federal and provincial governments. eg) vilations of equality rights
Constitutional law
This branch of law deals with rents, lease agreements, land issues.
Property law
What is the set of laws under Mosaic law?
Ten Commandments
Explain the term "jurisdiction"?
The area in which a government (federal, provincial, municiple) has authority to make and enforce laws.
eg) Federal - defence
Provincial - highways and roads, licenses
Municiple - garbage collection, snow removal
What's the difference between a rule and a law?
A rule is a restriction that applies to only those who agree to adopt it. Rules are not always permanent and less severe. Laws apply to all members of society that are long lasting and are more severe. Heavy fines, loss of freedom by serving a prison sentence.
The branch of law that deals with citizens and government agencies. eg) in the case of discrimination, citizens can file a complaint with a human rightrs commission.
Administrative law
An agreement to an exchange of goods & services for monetary compensation.
Contract law
This British historical document from 1215.
Why is it important? What did it establish?
Magna Carta (Great Charter)
It recognized the principle of the rule of law. All rulers must obey the law. No one is above the law.
What 2 principles of law can be found in the two most common ancient legal codes? Explain
The concepts of retribution (for every crime there needs to be a punishment) and
Restitution (paying back a victim for the harm done by the offender) eg) repay the victim for goods stolen
Riddle:
Give me food and I grow; give me drink and I die!
What am I?
A fire
Consists of rules that outline your rights and obligations in society.
Substantive law
professional malpractice, negligence (carelessness),
Tort Law
What is habeas corpus? Give the English translation and its meaning.
Show me the body
The crown (prosecution) must demonstrate to the court why an accuse should be held in jail. Charges must be presented. At this time, usually a plea of guilty or not guilty is made by the accused.
Explain precedent.
Give an advantage and disadvantage of each.
All judges who hear cases that are similar to previous court decisions will rule the same. By treating similar cases alike, judges established a standard for judging offences. Precedents force courts to act in a fair way and cannot favour on party in a case. Disadvantages) Bad decisions get repeated, values/technology changes, each case is unique
Explain how a bill becomes a law?
Cabinet minister introduces a bill in H of C
First reading - all MPs receive a copy, vote taken
Second reading - bill is debated, second vote
Committe Stage - experts examine details, changes
Third reading - briefly debated, third vote
Senate - Bill goes 3 reading and vote
Royal Assent - Governor General sign the bill
For example, writing wills, inheritance, and jury selection
Procedural law
What is the difference between labour law and employment law?
Labour - deal with relationship between employers
and unions
Employment - governs the relationship between
employers and employees
What is parliament? How did it come about? What is its main role? What's the difference between a parliament and a legislature in Canada today.
In England, the first parliament was a group of Barons that helped the king do the country's business. They helped make decisions of the nation. Mostly dealing with finances. They are representatives of the country. Their main role is to pass laws for the good of the country. A parliament has 2 chambers (H of C, Senate) and a legislature only has one chamber of the provinces representative (also known as MLAs)
What are all the elements found in a legal citation?
1) Who is involved in the case (R v Jones)
2) Is the case public or private
3) The year the court reached its decision
4) Identifies which court heard the case
5) The name of the location where the case can be found
What are the FIVE functions of law?
Establish rules of conduct
provide a system of enforcement
Protect rights and freedoms
protect society
resolve disputes