Test 1 stuff
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| 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
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| Define law | Law is The rules that are made and enforced by the government to regulate the conduct of the members of our society
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| 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
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| 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
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| 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
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| 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
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| What changes the law | 1. Demographics (Equal pay laws)
2. Technology (traffic laws)
3. Change in values (Capital punishment)
4. National emergencies
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| 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
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| Role of judges | 1. Keep order
2. Rule on objections
3. Charge the jury
4. Set the sentence
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| 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)
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| Describe what the Code of hamurabi contribute to modern law | First codified law
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| Describe what the Biblical law contributed to modern law | Basis of many religons
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| Describe what Greece contributed to modern law | Democracy and Juries
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| Describe what Romans contributed to modern law | Lawyers and representatives
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| Describe what the Justinian code brought to modern law | Justinian was first set of civil law
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| Describe what the French civil code brought to modern law | Law written in plain language
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| Advantages of precident | 1. Constancy
2. Makes judges job easier
3. Restrains arbitrary power
4. Makes law predictable
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| Disadvantages of precident | 1. Change in values
2. Law becomes inflexible
3. Law develops slowly
4. Bad decision can lead to injustice for years
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| What was the adversarial system | Truth is determined by a battle between adversaries
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| What made up the Adversarial system | Used by the British it is Trial by combat, Trial by oath helping , Trial by ordeal
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| Explain trial by ordeal | You go through an ordeal if you live god is on your side
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| Explain trial by combat | Mostly civil. You fight to the death and god will intervene
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| Explain trial by oath helping | People who know you would swear on bible of your innocence
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| Explain the feudal system | Land divided into parcels, Noblemen rule each parcel and decide cases there
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| Problems with early feudal system | The cases were inconsistent
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| Who created the feudal system | William the conquerer (1066)
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| Who fixed the feudal system | Willaims grandson king henry 2, by adding circuit judges
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| What ended feudal system | Magna carta 1215 signed by king john
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| What did magna carta establish | Basic rights, Habeas corpus, Rule of law
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| What are the sources of Canadian law | 1. Constitutonal law (Constitution)
2. Statue law (Elected offishals and reps)
3. Common law (previous legal decisions )
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| Describe Substantive | Substantive law sets out rights and obligations
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| Describe procedural law | Procedural law sets out how rights and obligations are enforced
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| Describe Domestic law | Law that governs activity within a nations border
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| Describe International Law | Law that governs activity between independent nations
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| Describe Public law | Law that deals with the relationship between individuals and the government. Including boards and agencies
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| Describe Private law | Law that deals with the relationship between private individuals or individuals and companies
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| Describe Administrative law | Law that relates to the government board and agencies
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| Describe constitutional law | Any dispute involving the constitution or BNA act
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| Describe Tort law | When an individual seeks restitution for damage to self or property by deliberate or accidental actions of another
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| Describe property law | Buying or selling a house
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| Describe Family law | Law that deals with family issues
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| Describe employment law | Dispute between employer and employee
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| Describe contract law | Law that deals with agreements between individuals or individuals and corporations
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| 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
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| Residual powers were given to the | Federal government
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| Ultra vires means to | Act beyond the powers granted by the constitution
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| Intra vires means to | Act within the powers granted by the constitution
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| What did the statue of Westminster do | It extended Canada's independent law making power
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| 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
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| What does the general do | Gives royal ascent
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| What is a private members bill | A bill introduced by a member of the assmebly not part of the government
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| What is a public bill | A bill introduced by the government
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| What is a bill | A bill is a proposed law
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| What does the cabinet do | Sets policy, Controls government spending, Creates administrative law, Creates regulations
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| Who runs the administrative process | The executive branch
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| What does the judicial branch do | Create case law were none exist, Create case law interpreting statue
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| How does the judicial branch make laws | by deciding cases
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| What does "let the decision stand mean" | Lower courts must abide by rulings of higher courts
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