Law Studies

Purpose of Law

Purpose of Law

to solve disputes in an orderly manner in a reasonable way

Function of Laws

Law exists to protect society and its members, law helps keep order in society

Rights

privilege that can be taken away in some situations ( right to remain silent, can be taken or lost)

Freedom

privilege given by a legal system that can never be take, only limited (freedom of speech...but no hate speech)

Code of Hammurabi

A collection of 282 laws that ruled through threats and were VERY HARSH. Included codification and retribution

Codification

The act or process of rendering laws in written form. Written collection of laws for its use of comprehension

Retribution

a repayment; a deserved punishment; an eye or an eye

Mosaic Law

the Law, most importantly the Ten Commandments, that God gave to Moses on Mount Sinai to guide the lives of the Israelites. It was a harsh set of rules with extreme punishments. Included restitution

Roman Laws

created the law profession and established equity

restitution

act of making good, compensation

Equity

all people are equal under the laws regardless of being rich or poor

Rule of Precedent

Sentences have to be relative to previous cases. If one muder was 25 years, the next also have to be around the same

Case Law

cases decided by court and recorded and published

Citation

(R-Regina or Rex)-(V-Versus)-(Bates-Accused)-(year decided)-(Volume Number)-(Name of Reporter)-(series)-(Page Number)-(Jurisdiction)

Rule of Law

everyone is expected to abide by the law and must settle disputes peacefully following legal procedures

Magna Carta

"the Great Charter"; a written legal agreement signed in 1215 that limited the English monarch's power

Habeas Corpus

Must be charged within 48hrs of being detained or you must be released Trial will consist of a jury of 12 people / all must agree for guilty

Statue Law

A law passed by the legislature

Canada's Constitution

Supreme Law and is the living, breathing document that describes basic government/ law structure. Laws must not violate constitution.

Amending Formula

Procedure for changing the Constitution

Amending Formula Equation

(7/10 Provinces) + Federal Agreement+ (50% +1 of population)= change

notwithstanding clause

Provinces can opt out of small parts of the constitution

how a bill becomes law

1. First reading 2.Second Reading 3. Committee Stage 4.Third Reading 5. Bill goes through readings in house of commons 6. Bill is signed

First reading

Bill introduced by a Cabinet minister or private member and first vote taken

Second reading

Bill introduced again and debated in general and second vote taken

Committee Stage

Bill usually sent to select committee, standing committee or committee of the whole house - Bill is studied in detail and changes (amendments) often made; each section may be voted on separately

Third Reading

Bill briefly debated and third vote taken Goes to the Senate

Dudley vs. Stephens

Story about boys that were shipwrecked and had to use one of the boys as food One was not involved whereas the other 2 were sentenced to death

The Four Freedoms

Freedom of speech, assembly, religion, and association

Freedom of speech

free to express yourself ( no hate speech )

Freedom of Assembly

protest and gathering allowed ( peacefully )

Freedom of Religion

free to follow your own beliefs

Freedom of association

free to be around whomever you want

mobility rights

-Section 6 of the Charter grants you the right to move freely inside and outside Canada.

Prejudice

making a judgement about a person based on a preconceived notion

Discrimination

Behaving differently, usually unfairly, toward the members of a group. leads to an action that is demonstrably unfair.

stereotype

judging one person of a group and applying this idea to all members of the group.

Intentional discrimination

when you purposely classify a group of people with a trait

Unintentional Discrimination

this happens when a group of people is eliminated from a job because of a pre-condition that has nothing to do with the ability of a person to do the job.

womens right sufferage

Women's suffrage is the right of women to vote in elections

pay and employment equity disabled rights

Section 19 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must conduct an analysis of employment policies, practices, procedures and working environment so as to identify employment barriers that adversely affect members from Designated Groups.