Historical Roots of Law
Name any two historical roots of law that influenced or contributed to Canadian law?
The Code of Hammurabi, Mosaic Law, Greek Law, Roman Law, Justinian Code, French/Napoleonic Code, British Law, Indigenous Law
What is Constitutional Law?
The Supreme Law of Canada.
Law that interprets and applies the Constitution, outlining the structure of government and individual rights, all law must align with what is in the Constitution.
What year did the Charter of Rights and Freedoms get codified into Constitutional Law?
1982
What are the 3 LEVELS of Government?
Federal, provincial, municipal.
There are two categories of SUBSTANTIVE Law, Public Law and?
Private Law
Name an contribution from Greek Law?
Voting, democracy, civic duty, juries
Name the 3 Source of Law.
HINT: Think of the triange diagram.
Explain the reasonable limits clause and name the section number.
Section 1: allows an infringement on a right/freedom IF the infringement is reasonable and justifiably important for society
What are the 3 BRANCHES of government?
Executive, Legislative, and Judicial
Who does PUBLIC law apply to?
Law governing the relationships between all individuals and the government as a society.
Restitution, Retribution and Codified laws.
These are all contributions from which historical root of law?
The Code of Hammurabi
If a law is unjust and needs to be changed or a new law needs to be added, what is one way you can go about doing this?
Sign/start a petition, call your MPP, join or create a peaceful protest, speak to your local police or member of government.
What section numbers explain your Democratic Rights?
3, 4, and 5
Name a service that belongs to all 3 LEVELS of government (federal, provincial, and municipal).
Police
Think back to the chart on the categories of law. How many categories are there of Public Law and how many of Private Law?
Public: Constitutional, Administrative, and Criminal (3)
Private: Tort, Contract, Family, Wills/Estates, Property, and Employment (6)
What is the Rule of Law and what historical roots did it originate from?
The law (1) must be recognized and accepted as necessary in society, (2) law applies equally to everyone, (3) no one can take away your rights unless in accordance with law.
Early British Law, the Magna Carta, 1215.
a group of people and activists working together to influence legal decision-makers and legislators to change laws.
S2: Fundamental Freedoms
S15: Equality Rights
What is the Executive Branch responsible for?
administering the laws of Canada and governing the country.
This branch of Private law holds people/organizations responsible for damage they cause from either accidental or deliberate actions.
Tort Law
What is Divine Right, and what historical root did it originate from?
The beleif that monarchs and their successors derived power and ability to rule from God, they were only accountable to God, not their people.
Early British Law/English Common Law.
Define the following term: Royal Commission
a formal public inquiry into a matter of national importance to determine the state of the issue and law.
Write the LETTER of the following sections of Section 7-14 (Legal Rights) in their correct order!
(a) Rights in criminal proceedings when charged with an offence (b) Rights on Arrest/Detention (c) Right against Unreasonable Search and Seizure (d) Right against cruel/unusual punishment (e) Arbitrary detainment/imprisonment (f) Right to not self-incriminate (g) Life, liberty, and security of the person (h) Right to an interpreter
(G) (C) (E) (B) (A) (D) (F) (H)
Which BRANCH of government is responsible for making, changing, and amending laws?
the Legislative Branch
Based on this case citation, what branch of law is "R v Dudley and Stevens" under?
Public Law - R v (last name) is a public, criminal case citation.