click below
click below
Normal Size Small Size show me how
Law quiz 1
Term | Definition | sub answer | |
---|---|---|---|
Law | Apply to all people at all times | ||
Rule | Regulations that apply only to the participants of the game/organisations during its duration | ||
5 functions of law | Establish Rules of Conduct Provide a System of Enforcement Protect Rights and Freedoms Protect Society Resolve Disputes | -These rules are meant to prevent conflict and problems ~For laws to have meaning they must be enforced. Police, courts | -Enforce the laws in society, ensures and limits individual freedoms -Protects people physically, mentally, socially, economically weak by limiting the powers of the strong or powerful -settle conflicts. Negotiation or court system |
Divisions of the law | Procedural and substantive | ||
Procedural law | Laws that outline the steps or procedures involved in protecting your rights I.e. procedures police must follow in warrants and arrests | ||
Substantive law | Laws that outline your rights and obligations in societies I.e. the criminal code tells you what are and are not crimes The charter outlines your rights and freedoms | ||
divisions of private law | tort, family, contract, property, labour and employment | ||
divisions of public law | criminal, constitutional, administrative | ||
administrative law | Outlines the relationship between citizens and government boards/agencies | ||
appeal | Referring a case to a higher court | ||
case law | Judges recorded, written decisions | ||
civil law | Private law governing the relationship between individuals; Quebec's legal system | ||
Code of Hammurabi | Earliest known set of written laws; 1750 BCE Babylon | ||
codification | a written collection of laws. | ||
common law | A system of law based on past legal systems; aka case law | ||
constitutional law | Outlines federal/provincial government structure/power | ||
contract law | An agreement enforceable by law | ||
criminal law | Portion of public law deciding what is a crime, and hands out punishments for crimes | ||
defendant | Criminal law = person charged with offence; civil law = being sued | ||
family law | Regarding family life aspects | ||
feudal system | A political/social/economic system in Europe between 9th/15th century's; based on lord/servant relationships | ||
labour and employment law | Laws governing relationships between employers and employees | ||
lobby | Trying to influence the government to pass laws that would support one's cause and/or benefit the organisation/the lobbies ; many logists are company/institution paid. | ||
plaintiff | Person suing in civil action | ||
precedent | A legal decisions serving as an example and authority in subsequent similar cases; basis for the rule of precedent-legal principle where similar fact = similar decisions | ||
private law | Outlines the legal relationship between private citizens and between citizens and organisations; includes family, labor, tort, contract, and property law | ||
procedural law | Fairness in the dispute resolving process | ||
property law | Outlines the relationship between people and property | ||
public law | Controls the relationship between individuals and the government; includes criminal/constitutional/administrative law | ||
restitution | Making good, restoring (returning goods, paying equivalent) | ||
retribution | A deserved penalty/punishment for a wrong/crime; vengeance | ||
rule of law | A fundamental principle that law applies to all people and neither an individual nor the government is above the law | ||
Substantive law | The rules outlining the person's rights/obligations in society | ||
tort law | The area of law holding a person/organisation accountable for damages caused by their actions against another | ||
amending formula | the set of conditions required to make changes to the. Constitution | ||
bill | a draft of a proposed law presented to parliament for discussion. | ||
citation | a reference to a former tried case, used as guidance in the trying of comparable cases or in support of an argument. | ||
civil rights | the rights of citizens to political and social freedom and equality. | ||
habeas corpus | anyone who was imprisoned was entitled to appear before the courts within a reasonable time. | ||
patriation | the process of bringing legislation back under the legal authority of the country to which it applies. | ||
statue | a law passed by a legislative body. | ||
How a bill becomes a law | First Reading - Bill is introduced Second Reading - Bill is debated in House of Commons Committee Stage - Bill is studied, revised, or changed ) | Third Reading - Further debate on the amended bill; Vote in the House of Commons Senate (similar process: 3 readings, vote) Royal Assent (governor general signs bill into law | |
What is law? 3 things | Laws are a set of rules established and enforced by the government Laws are mandatory Laws involve a detailed system of consequences |