Background Information
"Britain had the most influence on Canadian Law"
TRUE or FALSE
TRUE!!!!
What is considered one of the most important document in the history of democracy?
The Magna Carta
how did the British influence Canada give one example
1)made canada get self governing rights in 1867
2) trial by jury, cobat, ordeal
3) rule of law
what is the difference between case/common law and civil law?
Common law is based on the previous decisions of judges.
Civil law is a legal system based on written codes or a body of rules
what is the CCRF ?
Canadian charter of rights and freedoms
1. Trial by Ordeal
2. Trial by Jury
3. Trial by Combat
What is case law also known as ?
Common Law
how many levels is canada divided into because of BNA, name at least 2.
British North America Act (BNA) divided Canada into three levels of government.
The three levels are National (Federal), Provincial (Ten Provinces & Three Territories) & Local (Municipal).
Name five British colonies that were influenced by the British law
Canada, USA, Bangladesh, Pakistan, Trinidad, Hong Kong, Singapore, Nepal, Guyana, Jamaica, Armenia, Bulgaria, Ethiopia, Germany, Romania, Taiwan and Uzbekistan etc....
what is the adversarial system ?
The adversarial system is a legal system used in common law countries where two advocates represent their parties case before an impartial judge or group of people.
What is the rule of precedent?
This is a method of deciding cases based on recorded previous decisions of similar cases.
What can someone do if they believe they have been wrongfully imprisoned?
They can file for a writ of habeas corpus.
what level of government does the charter apply to
? federal, provincial, territorial ?
all!!
Is the English common law still part of India's legal system?
Yes!!
what is law ?
Law is a set of rules decided by a particular country or community meant for the purpose of keeping the peace and security of society.
What is Common Law?
Relies on case law and is common to all people
What is habeas corpus mentioned in?
The Magna Carta
Is it true that "Every individual is equal before and under the law”or not?
true
when including Magna Carta to Americas legal system, why did the government had to modify it first?
They made some modifications to it as they believed that for a country as big as usa there should not just be 1 leader because it creates chances of corruption.
canada inherited trial by jury from the British but from where did the British get it from? Options Greeks or Romans
Greek Law
List Two things King Henry II did in the 12th century that tried to bring justice to the justice system?
He trained a group of circuit judges to held assizes, or travelling courts, to hear local cases. As time passed, judges created consequences for similar judgments. (Case Law/Common Law)
Established the jury system
Magna Carta signed (forced Henry’s son)
Which guaranteed the right of an accused person to be considered innocent until proven guilty in a court of law.
Is the adversial system something we still use?
yes, but we are moving away from it.
is trial by combat legal or illegal in Canada?
Illegal
State one of the four petition of rights
No taxes can levied without parliament’s consent
No english subject could be imprisoned without cause, thus reinforcing the right of “habeas corpus”
No quartering of soldiers in citizens homes
No martial law may be used in peacetime
what is the magna carta? When was it signed and by who?
In 1215, King John of England was forced to sign the Magna Carta. The Magna Carta established the principle that everyone is subjected to the law, even the King, and guarantees the rights of individuals, the right to justice and the right to a fair trial.