Functions of Laws

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Questions and Answers

What is the main difference between a rule and a law?

A law applies to a specific organization, while a rule applies to everyone.

A rule applies to a specific organization, while a law applies to everyone. (correct)

A rule is informal, while a law is formal.

A law is informal, while a rule is formal.

What is one of the main reasons why laws are necessary in society?

To punish criminals.

To provide a framework for regulating behavior. (correct)

To benefit the wealthy.

To restrict individual freedoms.

What is one of the four main functions of the law?

To benefit the government.

To resolve disputes. (correct)

To punish criminals.

To restrict individual freedoms.

What is the main difference between substantive law and procedural law?

Procedural law deals with the steps/process for enforcing the law, while substantive law deals with the legal relationship between people and the government. Signup and view all the answers

In a criminal trial, who represents the government?

The crown attorney. Signup and view all the answers

What is the main difference between public law and private law?

Public law deals with government agencies, while private law deals with individuals. Signup and view all the answers

In a civil trial, who brings the lawsuit?

The plaintiff. Signup and view all the answers

How does the burden of proof differ between criminal and civil trials?

In criminal trials, the burden of proof is on the prosecution, while in civil trials, it is on the defendant. Signup and view all the answers

What is the standard of proof required in criminal trials?

Beyond a reasonable doubt Signup and view all the answers

What is the significance of Hammurabi's Code in the history of law?

It was one of the earliest examples of laws governing society Signup and view all the answers

How did Mosaic law differ from Hammurabi's Code?

Mosaic law was founded on the covenant between God and Israelites Signup and view all the answers

What is the main difference between retribution and restitution?

Retribution is focused on punishing the offender, while restitution is focused on compensating the victim Signup and view all the answers

What is the standard of proof required in civil trials?

A balance of probabilities Signup and view all the answers

What is the significance of the Justinian Code in the history of law?

It was a collection of Roman laws and legal concepts Signup and view all the answers

What is the main similarity between Hammurabi's Code and Mosaic law?

Both set laws for punishment for different offenses Signup and view all the answers

What is the significance of the Napoleonic Code in the history of law?

It is significant to law in Canada today due to its influence on civil law Signup and view all the answers

Study Notes

Laws and Functions

A rule is a guideline that governs a specific organization, whereas a law is a formal written guideline that applies to everyone within a jurisdiction.
Laws are necessary in society to maintain order, protect rights, and promote social justice.

Functions of Law

Maintaining order in society by providing a framework for regulating behavior.
Resolving disputes by providing a mechanism for settling conflicts.
Setting standards to guide behavior and interactions.
Protecting rights and freedoms by safeguarding against abuse and discrimination.

Divisions of Law

Public Law

Constitutional law: deals with government vs. people, e.g., Canadian Charter of Rights and Freedoms.
Administrative law: deals with government agencies vs. people, e.g., Liquor Control Board of Ontario.
Criminal law: deals with offenses against criminal laws, e.g., theft.

Private Law

Contract law: deals with laws governing agreements between two parties.
Tort law: deals with laws governing civilian harm, e.g., personal injury lawsuits.
Property law: deals with laws governing ownership of property.
Family law: deals with laws governing legal issues related to family relationships.

Parties Involved in Trials

Criminal law: Crown/prosecution (government) vs. defendant (accused).
Civil law: plaintiff (brings the lawsuit) vs. defendant (lawsuit is brought against).

Burden of Proof

Criminal trials: "beyond a reasonable doubt" (Crown must prove defendant's guilt).
Civil trials: plaintiff must prove defendant's liability (more likely than not).

Early History of Law

Hammurabi's Code

Created around 1754 BCE in Babylon, one of the oldest texts in the history of law.
Important because:
- One of the earliest examples of laws governing society.
- Established the principle that laws should be written.
- Set a legal precedent, influencing legal systems.

Mosaic Law vs. Hammurabi's Code

Differences:
- Mosaic law is founded on the Torah, inherently religious.
- Mosaic law is grounded in the covenant between God and Israelites.
- Mosaic law includes religious and moral laws (e.g., dietary restrictions).
- Hammurabi's Code is more focused on the king's authority to laws.
Similarities:
- Both set laws for punishment for different offenses.
- Both aim to maintain social order by setting rules that govern behavior, property rights, and relationships.

Retribution vs. Restitution

Retribution: punishment imposed on someone as "revenge" for doing wrong.
Restitution: compensating the victim for their loss, e.g., thrift, paying the victim back.

Justinian and Napoleonic Codes

Justinian Code (Roman): a collection of laws that forms the basis of Roman law.
Napoleonic Code: a comprehensive code of laws that forms the basis of modern civil law.
Both codes are significant to law in Canada today because they have influenced the development of Canadian law.

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Description

Quiz about the roles of laws in society, including maintaining order, resolving disputes, and setting standards. Understand the importance of laws in promoting social justice.