Law 4U- Unit 1 test

aboriginal laws

based on oral tradition, the Iroquois First Nations transferred their oral laws to written form in the great binding law.

Common/ Case law

Originated in Great Britain, is a law based on past judicial decisions. Accumulation of decisions by judges is known as case law - when rendering decisions on new cases, prior judgements are used as a guide.

Constitution

highest level of law in a country; supreme court of canada decides on cases based on the charter of rights & freedoms, can offer their opinions on issues brought before it such as laws regarding a dispute about provincial/federal jurisdictions

conventions

the way that something has always been done is the established practice and becomes part of the law. ex/ no law which states that the leader of the party with the most seats in the HOC becomes PM but that’s always been the accepted practice and a binding convention.

customary law

certain legal practice is observed and the relevant actors consider it to be law. ex/ diplomatic immunity- visiting foreign heads of state are exempt from criminal prosecution and lawsuits while visiting the host country

French Civil code / practice

Also known as napoleonic code, created by french emperor napoleon Bonaparte. French civil code is used for non-criminal cases, this system allows the judge to be a more active role in a case - today it’s used in france, Louisiana and quebec.

god / canada’s consititution

first line of canada’s charter makes reference to the “supremacy of god”

great binding law

this law outlined the principles of justice and fairness which are found in civil rights documents of today

judges and impartiality

the assumption in the rule of precedent is that cases will reach the same judgement if the material / facts are the same ; uniformity in decisions ensures consistency and fairness in the judicial system. Judges have to be impartial but flexibility is allowed for judges to deviate from precedent due to differing case facts.

jurisprudence

philosophy or science of law- by understanding the law, changes to law should be made carefully and based on the writings of scholars and law-makers. Refers to the exercise of good judgement, common sense + caution especially in the conduct of practical matters.

jury

group of citizens who rule on a case in criminal or civil court; size could be 6 or 12 people and they all must agree on the verdict- courts were set up in local communities, the feudal system run by the land owners, and the royal court system- once courts were set up, citizens would be chosen to act as a check on the government’s role in the judicial system

lady justice- identify features

personification of justice.

Scales- she measures the strengths of a case’s support and opposition

Blindfold- represents impartiality, the ideal that justice should be applied without regard to wealth, power, or other status

Sword- represented authority in ancient times, and conveys the idea that justice can be swift and final

law vs regulation

statutes are laws passed by federal or provincial legislatures; from statutes, governments can pass regulations. Ex/ ontario has a minimum wage law stating there must be a minimum wage; the government would pass a regulation which states what the wage would be

laws / constitutions are a reflection on a society

laws and constitutions are a reflection on society and what a society feels is right and proper. ex/ laws changed in 1983 which made all sexual assault illegal, one court decision based on charges in attitudes in society acqutted a woman who killed her husband in self-defense, changes in attitudes regarding LGBTQ helped bring about changes to laws like allowing same sex marriage.

laws begin as bills

laws are drafted as bills which are debated and voted on; if the bill passes, it goes to the Queen’s representative fro royal proclamation and then officially becomes a law (federal and provincial laws only)

minority parliament

when the party with the most seats in the HOC doesn’t have more seats then the other parties combined; can cause 3 scenarios (minority government, coalition government, confidence & supply agreement)

perjury

lying under oath

precedent / settle law / stare decisis

precedent is when the rendering decisions on new cases, prior judgements are used as a guide, latin name is stare decisis and is sometimes known as settle law

statutes

laws passed by federal or provincial legislatures; from statutes, governments pass regulations.

Supreme Court

highest judicial body that decides on cases regarding the charter of rights and freedoms and are responsible for making sure laws are applied fairly and consistently.

10 commandments

some religious doctrine become laws such as some of the commandments like prohibition of theft, murder and perjury

trial by combat

the accused would challenge the accuser to a duel (pistols) th one who won was considered innocent since God would be on the winner’s side

trial by ordeal

the accused would be tortured and guilt or innocence would be determined by how the wound healed

types of government which form from a minority parliament

1. minority government, 2. coalition government, 3. confidnece & supply agreement

minority government

largest party forms a government and counts on enough support from other parties to pass legislation + most importantly a budget. Election can happen whenever

coalition government

largest party and 1 or more smaller parties formally agree to form a government with power sharing agreements and cabinet positions - usually a set timeline is agreed for approximate date for next election. Something like scandal can occur that causes the agreement to breakdown prompting the government to fall and potentially trigger an election

confidence & supply agreement

2 or more parties formally agree to agree to implement an agenda where the largest party will govern and the smaller party will support the government with votes in parliament regarding issues of budgets (supply) and confidence motions