16 Questions
What is the main difference between a rule and a law?
A rule applies to a specific organization, while a law applies to everyone.
What is one of the main reasons why laws are necessary in society?
To provide a framework for regulating behavior.
What is one of the four main functions of the law?
To resolve disputes.
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.
In a criminal trial, who represents the government?
The crown attorney.
What is the main difference between public law and private law?
Public law deals with government agencies, while private law deals with individuals.
In a civil trial, who brings the lawsuit?
The plaintiff.
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.
What is the standard of proof required in criminal trials?
Beyond a reasonable doubt
What is the significance of Hammurabi's Code in the history of law?
It was one of the earliest examples of laws governing society
How did Mosaic law differ from Hammurabi's Code?
Mosaic law was founded on the covenant between God and Israelites
What is the main difference between retribution and restitution?
Retribution is focused on punishing the offender, while restitution is focused on compensating the victim
What is the standard of proof required in civil trials?
A balance of probabilities
What is the significance of the Justinian Code in the history of law?
It was a collection of Roman laws and legal concepts
What is the main similarity between Hammurabi's Code and Mosaic law?
Both set laws for punishment for different offenses
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
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.
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.
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