Law Chapter 1

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Democaracy
citizens elect law makers who makes laws that suit the majority of Canadians
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Why are rules and laws necessary?
to keep peace and order because people do not agree with each other all the time
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Who do rules apply to?
to participants in the game or members of the orhanization
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Who do laws apply to?
all members of society at all times
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Law
a rule of conduct established by government for society to follow and obey
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Rule of Law
the fundamental principle that society is governed by law that applies equally to all persons and that neither an individual or government is above the law
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Who do we have laws?
to control and limit the behavior of citizens
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What is one important function of law?
to settle disputes or disagreements
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What do laws do for us?
create order and ensure that disagreements are solved peacefully and fairly
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How are laws enforced?
through police and courts
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What are the two basic divisions of law?
substantive law and procedural law
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What is Substantive Law?
laws that list the rights and obligations of each person in society
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What is Procedural Law?
the steps a person can take to stop a problem and get compensation for a crime someone committed against them
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What are the two divisions of Substantive Law?
public and private law
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Public Law
controls the relationships between governments and the people who live in society
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What are the main types of Public Law?
criminal law, constitutional law, and administrative law
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Criminal Law
a set of rules passed by Parliament that define acts called "crimes" that are considered to be offenses against society
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Where is most of Canada's criminal law found?
in the criminal code
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What is the main purpose of criminal law?
to punish offenders and to protect society and its members
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How may we come in contact with criminal law?
as a victim, witness, juror, or an accused person
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Crown Attorney
the lawyer prosecuting on the behalf of the Crown and society; an agent of the attorney general
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Defendant
the person charged with an offense
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Constitutional law
laws that set out the structure of the federal, provincial, and municipal governments and the divison of powers among them
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What is Canada's constitution that outlines our most basic laws?
the Constitutional Act of 1982
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Administrative Law
the area of law that controls the relationship between citizens and government agencies
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Private Law
outlines the legal relationship between private citizens and between citizens and organizations
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What is another name for Private Law?
Civil law
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Family Law
deals with the relationships between individuals living together as spouses or partners, and between parents and children
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Contract Law
outlines the requirements for legally binding agreements
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Tort Law
deals with wrongs that one person commits against another person
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Property Law
a set of legal rules that controls the use, enjoyment, and rental of property
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Labour law
governs the relationships between employers and employees, is often called employment law
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The Code of Hammurabi
created by Hammurabi, written in stone, earliest records we have of written laws. used "an eye for an eye method"
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Codification
a written collection of a country's laws arranges so that they can be used and understood
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Retribution
a deserved penalty or punishment for a wrong or crime
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Moses and Mosaic Law
laws given to the Hebrew people, in the first 5 books of the Old Testament
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Roman law
basis of law for Western Europe
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What is the Justinian Code?
Roman laws codified by the Byzantine emperor Justininan
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What did the Justinian Code emphasize?
equity: the idea that law should be fair and just, and that all people are equal under law regardless of their wealth or power
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What is the Napoleonic Code?
civil laws created by Emperor Napoleon Bonaparte
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In Quebec, what code is civil law based on?
Napoleonic Code
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What is Canadian law based upn?
laws of France and England, the countries that colonized Canada
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What system of government from Europe did William, Duke of Normandy, introduce?
Feudalism
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Feudalism
king owned all the land and divided it among his lords and nobles, inreturn, the lords became the king's servants and promised him loyalty and military service
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What is Common Law based upon?
a principle known as the rule of precedent
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Precedent
a legal decision that serves as an example and authority in subsequent cases
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What is the rule of precedent?
the legal principle in which similar facts result in similar decision
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Card 2

Front

Why are rules and laws necessary?

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to keep peace and order because people do not agree with each other all the time

Card 3

Front

Who do rules apply to?

Back

Preview of the front of card 3

Card 4

Front

Who do laws apply to?

Back

Preview of the front of card 4

Card 5

Front

Law

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