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Law test 1

Test 1 stuff

5 Things about analyzing cases 1. Understanding the citation 2. Understanding the facts of the case (who, what) 3. Understanding the principal issues involved 4. Identify the courts decision 5. Evaluate and for own opinion
Define law Law is The rules that are made and enforced by the government to regulate the conduct of the members of our society
What are the functions of law 1. Sets rights and obligations 2. Helps avoid or settle disagreements 3. Produces remedies if laws are violate 4. Maintains order and provides protection of person and posession 5. Sets up the structure of government 6. Directs us on how to make new
Explain this citation R. V. Moffats (1957) 7 D.L.R (2d) 405 (Ont C.A) R= Rex or Regina V = Versus Moffats = Defendant (1957) = Year of decision 7 = 7 Volume Number D.L.R = Report title 2D = Series 405 = Page Ont C.A Court that decided Case
Explain this citation Tanu et al v Ray (1981), 20 R.P.R 22 (BCSC) Tanu = Plantiff Et al = and others V = Versus Ray = Defendant 1981 = Year of Decision 20 = Volume R.P.R = Report title 22 = page number BCSC = Court that decided
Rule of law means that we should 1. Treat Like cases alike and different cases Different 2. Law is unjust if it discriminates based on an individuals characteristics 3. Justice should be impartial 4. We expect the law to conform to societies values
What changes the law 1. Demographics (Equal pay laws) 2. Technology (traffic laws) 3. Change in values (Capital punishment) 4. National emergencies
Fundamental justice means Fundamental justice: Everyone has the right to be heard and present their side Everyone has the right to be treated with impartiality by people free bias
Role of judges 1. Keep order 2. Rule on objections 3. Charge the jury 4. Set the sentence
Describe the procession of law Code of hamurabi(1750 BCE), Biblical law, Greek Law, Roman law(450 BCE), Justinian Code (549 BCE), French Civil Code (1804)
Describe what the Code of hamurabi contribute to modern law First codified law
Describe what the Biblical law contributed to modern law Basis of many religons
Describe what Greece contributed to modern law Democracy and Juries
Describe what Romans contributed to modern law Lawyers and representatives
Describe what the Justinian code brought to modern law Justinian was first set of civil law
Describe what the French civil code brought to modern law Law written in plain language
Advantages of precident 1. Constancy 2. Makes judges job easier 3. Restrains arbitrary power 4. Makes law predictable
Disadvantages of precident 1. Change in values 2. Law becomes inflexible 3. Law develops slowly 4. Bad decision can lead to injustice for years
What was the adversarial system Truth is determined by a battle between adversaries
What made up the Adversarial system Used by the British it is Trial by combat, Trial by oath helping , Trial by ordeal
Explain trial by ordeal You go through an ordeal if you live god is on your side
Explain trial by combat Mostly civil. You fight to the death and god will intervene
Explain trial by oath helping People who know you would swear on bible of your innocence
Explain the feudal system Land divided into parcels, Noblemen rule each parcel and decide cases there
Problems with early feudal system The cases were inconsistent
Who created the feudal system William the conquerer (1066)
Who fixed the feudal system Willaims grandson king henry 2, by adding circuit judges
What ended feudal system Magna carta 1215 signed by king john
What did magna carta establish Basic rights, Habeas corpus, Rule of law
What are the sources of Canadian law 1. Constitutonal law (Constitution) 2. Statue law (Elected offishals and reps) 3. Common law (previous legal decisions )
Describe Substantive Substantive law sets out rights and obligations
Describe procedural law Procedural law sets out how rights and obligations are enforced
Describe Domestic law Law that governs activity within a nations border
Describe International Law Law that governs activity between independent nations
Describe Public law Law that deals with the relationship between individuals and the government. Including boards and agencies
Describe Private law Law that deals with the relationship between private individuals or individuals and companies
Describe Administrative law Law that relates to the government board and agencies
Describe constitutional law Any dispute involving the constitution or BNA act
Describe Tort law When an individual seeks restitution for damage to self or property by deliberate or accidental actions of another
Describe property law Buying or selling a house
Describe Family law Law that deals with family issues
Describe employment law Dispute between employer and employee
Describe contract law Law that deals with agreements between individuals or individuals and corporations
What does our constitution do 1. Sets up the structure of government 2. Divides law making power between provincial and federal governments 3. Limits the power of government by setting out certain basic laws that set out principles and standards all others must adhere to
Residual powers were given to the Federal government
Ultra vires means to Act beyond the powers granted by the constitution
Intra vires means to Act within the powers granted by the constitution
What did the statue of Westminster do It extended Canada's independent law making power
What are the problems with the BNA act 1. Must go back to Britain to amend it 2. Confusion over division of power (Natural Resourced) 3. Confusion over matters non existent in 1867 3. Didn't protect rights and freedoms
What does the general do Gives royal ascent
What is a private members bill A bill introduced by a member of the assmebly not part of the government
What is a public bill A bill introduced by the government
What is a bill A bill is a proposed law
What does the cabinet do Sets policy, Controls government spending, Creates administrative law, Creates regulations
Who runs the administrative process The executive branch
What does the judicial branch do Create case law were none exist, Create case law interpreting statue
How does the judicial branch make laws by deciding cases
What does "let the decision stand mean" Lower courts must abide by rulings of higher courts
Created by: ulqorieaa