Unit 1 Law Test
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What is the main difference between rules and laws?
Laws -Formal -Made by government -huge consequences Rules -guidelines created by individuals or organizations -manges behavior of society -flexible consequences
What are the 8 Functions of law
Protecting Society (physically, property, and morally) Providing Structure, Order, and Stability Solving Disputes Peacefully Ensuring Justice Protecting Rights and Freedoms Establishing Rules of Conduct Setting Out Obligations (duties people must follow) -Structuring Government
what are the three components of the Rule of Law
• Everyone must accept that the law is necessary • The law applies to everyone – No one is above the law • All people deserve rights and freedoms
Why does the rule of law matter what could happen without it
The Rule of Law matter because it protects fairness, justice, and equality. Also understanding these issues helps us recognize when the law is not being applied fairly. Without the law -You could be arrested without reason -The government could take your property -Wealthy or powerful individuals can do things and get away with it
how does morality connect to the law
-The law should be moral -The law should reflect the morals in society -The laws should shape our morals in society -The law should be adaptable and change as society’s morals and values change
`what are the 4 Concepts of Justice
-Treat like cases alike and different cases different cases differently • The law should not discriminate on the basis of irrelevant factors (skin colour, religon) -The law should be applied to everyone regardless of their status -The law must conform to the moral and beliefs of society
what is the era: The Code of Hammurabi
-Introduced codification (everyone sees the laws and it’s organized for everyone to access) -Hammurabi: first leader to physically write down laws -punishments based on retribution (you kill someone we kill you)
what is the era: Mosaic Law
Based on the Ten Commandments
what is the era: Greek Law
-Introduced a democracy system, the idea of citizen voices and decisions -Developed the jury system, allowing citizens to decide guilt or innocence. -influenced Canada’s political and legal systems.
what is the era: Roman Law
They introduced legal advisers, the first lawyers, to help citizens
what was the Justinian code
Organized and simplified Roman laws -became the foundation for modern law systems
What is the napoleonic code
-Written in clear languages -Covered property, family, contracts, and civil rights
What were trial by ordeal, oath, and trial by combat?
-Early British Laws -Trial by ordeal: torture you and if you admit guilt then your guilty -Trial by oath: people swore they were innocent -Trial by combat: two people fought and the winner was believed to be right because god decided the outcome
what was the feudal system
-the ability to own property/land -(in my house i have my rules)
why is the magna carta important / Rule of law
a document that first established the principle that everyone, including the King of England, was subject to the law
what is aboriginal law
-Legal systems made by indigenous people before European contact
what are the sources of law
Common Law, Statute Law, Constitutional Law
What is Common Law?
Common law (case law) is law created by judges through court decisions. It is based on precedent and the principle of stare decisis (following past decisions).
What is precedent?
Precedent is a previous court decision that must be followed in similar future cases.
What is stare decisis?
Stare decisis means “to stand by the decision.” It requires courts to follow previous rulings to ensure consistency.
What is Statute Law?
written laws by elected legislatives
What is Constitutional Law?
Constitutional law is the highest law in Canada. -based on the charter of rights and freedoms -protects individual rights.
what is family law
-area of private law -marriage/ divorcee/ custody -Deals with law between families
what is Hebeas Corpus
British law -judge has to give the right for an arrest