Heritage Law

Justinian's Law

Justinian's Law

Europe & France, 527 CE. Advancement in the codificcation of organizing the centuries of Roman legal principles and precedents into a single legal code. It inspired the modern concept of justice and it served as an important basis for law in modern society.

Magna Carta

Europe, 1215 CE. First to establish individual basic rights for people in England. Its importance was to recognize the Rule of Law which gave everyone equality before the law.

Second Reading

The principle of the bill is debated, minister may make a speech to open debate, each member may make only one speech, Bill may be referred to the committee for revision and examination.

Catergories of Law Chart

The Law
International Law and Domestic Law
Substantive Law and Procedural Law
Public Law and Private law
Constitutional Law, Administrative Law, and Criminal Law
Tort Law, Contract Law, Family Law, Wills and Estates, Property Law, and Employment Law

Statute Law

Medium authority/more collections of laws. Passed by either federal or provincial governments.

Rules

Rules resemble laws but are not enforced by the courts. You can opt out of rules in certain situations.
(i.e. School Uniform, basketball, curfews)

Branches of Government

Executive, legislative, judicial

Executive

Carries out government policies. Includes; Prime Minister, Premier, Cabinet, Mayor.

Legislative

Has the power to make and change laws. Includes; MP and MPP, senate, governor General, and City Council.

Jurisdiction

Political or legal authority to pass and enforce laws, or the judicial authority to decide a case

Intra Vires

Within the power of government to pass laws

Ultra Vires

Beyond the power of government to pass laws

Code of Hammurabi

Babylon, 1700 BCE. Earliest set of detailed laws that covered many aspects of society. Its importance was to represent one of the earliest known written legal codes in history

Mosaic Law

Mount Siani, 1300 BCE. Made advancements in punishing a delibrate action rather than an accident. Its importance was to show respect to parents also known as the ten commandments

Greek Law

Athens, Greece, 400 BCE. The first form of a democratic principle. Citizen involvment was important because citizens were expected to make major decisions.

Roman Law

Rome, 100 CE. Advancments in a structured legal system that was relevant to all citizens and ensured fairness in how law were interperated and applied. Its importance was that it shped the role of modern legal systems.

France and Napoleonic Code

France & Europe, 1804 CE. Ensured that everyone, regardless of their social class, was treated equally under the law. It was seen as important as it had a non-technical style, making the law easier for people to understand.

Bill to Law Process

Idea -> Draft Legislation -> First Reading -> Second Reading -> Third Reading -> Vote Held -> Federal and Provincial System

First Reading

Bill is introduced, minister may discuss the purpose of the bill, background information is provided, Bill is printed and distributed.

Third Reading

Debate is restricted to the contents of the bill, no changes can be moved.

Federal System

Steps repeated in the senate. Includes Governor General, Royal Assent, and Proclamation.

Provincial System

Includes Lieutenant, Governor, Royal Assent, and Proclamation.

International Law

Laws that govern the relationships between nations (i.e. Military Agreement, Trade Agreement). There is no international police force that enforces international law.

Domestice Law

Laws that are made and enforced within a nations border. There is very little a government can do to help if you break a law in another country.

Constitutinal Law

Most authority/smallest amount of laws. Deal with the distribution of government power and guidelines for government responsibility.

Case/Common Law

Little authority/largest amount of laws. Law derived from previous decisions made by judges. Distinguishing a case is when a judge determines that a case is unique enough that Common Law does not apply.

Laws

Enforced by the courts and if not followed you are punished. You may not opt out of laws. (i.e. homicide, robbery, road laws)

Rule of Precedent

Law is derived from previous decisions made by judges.

Rule of Law

Necessary to regulate society, law applies equally to everyone, no one is above the law.

Habeas Corpus

Prevents unlawful arrests, ensures that anyone detained is charged this is before a court withing a reasonable amount of time.

Equalization

Ensures equal access to essential services. Wealthier provinces help pay for services that poorer provinces cannot afford.

Natural Resources

Provinces were granted powers over their natural resources (i.e. Alberta & oil sands).

Charter of Rights and Freedoms

Outlines the protected rights and freedoms of Canadians.

Amending Formula

Constitutional changes must have approval of the federal government as well as ⅔ of the provinces

Levels of Government

Federal, Provincial, Municipal

Federal

Defense, peace, order, & good

Provincial

Education, health care, & local issues

Municipal

Roads, transit, waste, & wastewater

Judicial

Presides over Canada's Court system. The Supreme Court approves laws and the judicial branch upholds laws. Includes; Supreme Court and lesser judges.

Balance between Morality and Law

Some laws are designed to protect laws while others are meant to reflect the moral values of the majority of society (i.e. abortion rights = rights/moral issue). Personal standards of right and wrong may vary and therefore cause tension between the law and certain segments of society (in a multicultural/democratic society). Key concepts for law is that they should treat like cases alike and apply equally to everyone.

Division of Powers

The distribution of legislative jurisdiction between various levels of government in Canada.