Vocabulary
Principle of justice stating that law applies equally to everyone
Rule of Law
Earliest known set of codified laws; based on restitution and retribution
Code of Hammurabi
Identify and Describe the 3 Sources of Law in Canada
Statute – a law or act passed by government
Common Law – law that originates from decisions made by judges in previous cases
Constitutional – body of law dealing with the distribution and exercise of government powers
The political or legal authority to pass and enforce laws, or the judicial authority to decide a case
Jurisdiction
Act that established Canada as a country in 1867
BNA Act
Applying a previous decision to a case that has similar circumstances. Give Latin and English word and Meaning.
Stare Decisis / Rule of Precedent
“To stand by the decision”
Set of 10 laws based on the word of god. Given to Moses on Mount Sinai
The 10 Commandments
Law that prescribes the methods and steps of enforcing the rights and obligations of substantive law
Law that defines the rights, duties and obligations of citizens and government
Procedural law
Substantive law
Type of law that governs relations between independent nations
International law
What is the name of the highest Court of Canada?
Supreme Court of Canada
The concept that monarchs used to explain that their power derived from rule of god; accountable only to God
Divine Right
Code that inspired modern concept of justice and formed the basis of civil law
Justinian’s Code
Identify and Describe the main difference between public and private (civil) law
Public: relationships between people and the state
Private: relationships between private individuals and individuals and organizations
Identify and Describe the difference between Intra and Ultra Vires
Intra Vires: Within the power of the government to pass laws
Ultra Vires: beyond the power of the government to pass laws
Identify the 3 levels of the Canadian Government and list 2 responsibilities of each
Federal
Provincial
Municipal
(Page 54)
Court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time
Habeas Corpus
The 12 Tablets in Rome were created to ensure greater equality between these 2 classes of people
Plebeians and Patricians
List and describe the 3 types of public law
Criminal: identifies crimes and prescribes punishments
Administrative: relationship between people and government agencies and departments
Constitutional
Piece of legislation passed in Britain that extended Canada’s law-making powers
Statute of Westminster
Identify the 3 branches of the Canadian government and explain the role and responsibilities of each
Legislature has the power to make laws
Executive has the power to administer laws
Judiciary has the power to apply laws
Identify and Describe the 3 attributes of Justice and use it to assess how just our present Canadian legal system is.
Equality and Equity
Impartiality
Conformity to social norms
List and describe the 3 main trial systems used in early British society.
Trial by Ordeal – only used if the sentence for guilt was the death penalty (accused must undergo an ordeal)
Trial by Combat – used to determine guilt or innocence (2 parties duel)
Trial by Oath Helping – required people who knew the accused to swear an oath on the Bible
Page 28-29
Identify and describe the 6 main types of private law
Tort
Contract
Family
Wills and estates
Property
Employment
Define the term common law and outline how it developed under the reign of King Henry II
Law that relies on case law and is common to all people. Based on recorded decisions or similar cases
Assizes and Circuit judges
List in hierarchal order (top-bottom) the people involved in the executive branch of the government; Describe each of their responsibilities
King
GG
PM
Cabinet