Law and Heritage: Unit I Quiz

A formal rule, established by government, that governs actions and behaviors of its citizens. Laws are mandatory, enforced by a system of procedures, and designed to promote social order.

Laws are essential for establishing rules of conduct, protecting rights and freedoms, safeguarding society from harm, and providing a framework for peacefully resolving disputes.

The Code of Hammurabi, a Babylonian legal text from 1755–1750 BC, containing the most extensive collection of ancient legal rules. It established a standardized system of laws with specific penalties for offenses, making it a foundational text for ancient legal systems.

The Mosaic Law, derived from the Old Testament, contains religious and moral laws given to the Israelites through Moses. It emphasizes the sanctity of life, restitution for wrongdoing, and specific rules for religious observance.

Greek legal traditions promoted significant citizen participation in legal proceedings. This involved active involvement in juries and sentencing, fostering direct democracy and a sense of community responsibility in the justice system.

The Code of Hammurabi had a lasting impact on the development of legal systems, emphasizing the principles of fairness, punishment, and order. Its concepts of restitution and the distinction between intentional and unintentional actions are still relevant today.

The Mosaic Law's influence on the Canadian legal system is evident in the emphasis on the sanctity of life, the concept of restitution as a key element in sentencing, and the connection between religion and morality in lawmaking.

Greek legal traditions, emphasizing citizen participation and direct democracy, have contributed to the development of jury systems and the involvement of citizens in legal processes.

A broad category of law that governs the relationship between individuals and the state, including constitutional, administrative, and criminal law.

A broad category of law that addresses disputes between individuals or organizations, including tort law, family law, contract law, and property law.

The supreme law of Canada, outlining the structure of government and guaranteeing fundamental rights and freedoms.

The act of transferring full sovereignty over Canada's Constitution from the British Parliament to Canada in 1982, allowing Canada to amend its Constitution without British approval.

A set of fundamental rights and freedoms guaranteed by the Canadian Constitution, ensuring equality, freedom of expression, and legal protections.

A system of government where power is divided between the federal, provincial, and municipal levels.

The process of creating laws in Canada, which begins with the introduction of a bill in Parliament, followed by readings, debates, and committee reviews.

The highest source of law in Canada, ensuring that all laws and government actions comply with the Constitution.

Written laws passed by federal, provincial, and municipal governments.

Law developed through court decisions based on judicial precedents, interpreting statutes and creating new laws.

International treaties and agreements that influence Canada's legal system by incorporating global principles into domestic policies.

Inherent rights and freedoms belonging to every individual, ensuring dignity, equality, and respect. They protect individuals from discrimination and abuse.

A clause in the Charter of Rights and Freedoms allowing governments to temporarily override certain Charter provisions to address specific issues.

Causing death through intentional acts, recklessness, or criminal negligence. Examples include murder and manslaughter.

Death caused by accident or in circumstances where the accused isn't legally at fault, such as self-defense or a natural disaster.

The police force that serves cities and municipalities.

Police force that operates within a province, handling broader areas.

Enforces federal laws and operates nationally. Examples include the Royal Canadian Mounted Police (RCMP).

The process of gathering evidence to determine if a crime has occurred. It involves interviewing witnesses, collecting physical evidence, and analyzing the crime scene.

Evidence like fingerprints, DNA, or weapons that objectively links a suspect to a crime scene or exonerates them.

Occurs when a police officer takes a suspect into custody, informing them of their rights, such as the right to remain silent and the right to legal counsel.

Temporary holding without full arrest, often for questioning.

Protects individuals against unreasonable searches and seizures. Police must obtain a warrant unless there are exigent circumstances (e.g., immediate danger).

Allows an accused person to remain free until their trial, provided they follow court-imposed conditions, balancing the presumption of innocence with public safety.

A person who represents a minor or someone incapable of managing their legal affairs in a lawsuit, ensuring their interests are protected.

Discouraging crime by implementing penalties.

Reintegrating offenders into society by helping them become productive members.

A legal system based on customs, traditions, and judicial decisions rather than written laws. Decisions were recorded and used as a guide for future cases, creating consistency and predictability in the legal system.

Formal legislation passed by elected officials at the federal, provincial, or municipal level. Statutes address specific issues, such as the Criminal Code of Canada.

The principle that law applies equally to all individuals, regardless of power or status. Laws must be clear, publicized, and stable. Everyone is entitled to due process and protection under the law. Government authority is exercised within the framework of established laws.

A legal principle established in earlier judicial decisions that courts follow in future cases with similar facts. Ensures consistency and fairness in the legal system.

A charter signed by King John of England in 1215, limiting royal power and establishing that the king was subject to the law. No one, not even the monarch, is above the law. Guaranteed certain rights to nobles, later extended to all citizens (e.g., protection from illegal imprisonment).

The principle that a person must be treated fairly in a legal process and protected from arbitrary actions by the government.

An act of the British Parliament that granted full legal autonomy to Canada and other Commonwealth nations. Allowed Canada to make and amend its own laws without British approval. Recognized Canada's legislative independence. Marked a significant step toward full sovereignty. Paved the way for the patriation of the Constitution in 1982.

Defines the rights, duties, and obligations of individuals and governments, such as laws prohibiting theft or establishing property rights.

Governs the processes by which substantive laws are enforced. This includes rules of evidence, court procedures, and protocols for filing lawsuits.

Laws that are written down, organized, and compiled into a systematic code. They provide a clear and accessible framework for legal regulation.

A collection of Roman laws compiled by Emperor Justinian. It clarifies and rationalizes Roman law covering various areas like property, rights to fair trial, and privacy, forming the basis of the civil law system.

A legal system based on codified laws passed by the legislature, as opposed to customary or judicial decisions.

Influenced the legal system of most European systems, including Quebec, Canada.

Introduced the concept of precedent and shaped the legal structure of many countries, including Canada. Plays a significant role in interpreting legislation in Canada.

The basis for the Quebec Civil Code, still used in the province today.

Occurs when individuals are treated unfairly based on characteristics such as sex, sexual orientation, disability, religion, race, or marital status. These grounds are prohibited by Canadian human rights codes, ensuring equality and fairness.

Defenses may include 'bona fide occupational requirements' (safety regulations requiring specific abilities) or proof accommodation causes undue hardship.

Individuals can file complaints by submitting an application outlining the discriminatory act, respondent's details, and desired remedy. This process involves mediation, investigation, and a hearing before the Human Rights Tribunal.

The Charter applies to government actions and laws, protecting fundamental rights. Provincial codes focus on protecting individuals from discrimination in private and public settings like workplaces.

Defines behaviors harmful to society and prescribes penalties for offenses. Aims to deter crime, protect individuals, and ensure justice.

Criminal law handles offenses against society (theft, assault), with the state prosecuting offenders. Civil law resolves disputes between individuals (contract breaches) with compensation rather than punishment.

Various factors can contribute, including economic inequality, lack of education, substance abuse, mental health issues, and societal influences like peer pressure.

For an act to be considered a crime, two elements must be proven: actus reus (the guilty act) and mens rea (the guilty mind or intent). Some offenses, like regulatory violations, may not require mens rea.

Less serious crimes (trespassing) punishable by fines or short imprisonment.

Serious crimes (murder) with severe penalties.

Crimes prosecuted as either summary or indictable offenses, based on the severity of the case.

Allows individuals to detain someone committing a crime under specific circumstances, such as protecting property or preventing harm, but must be done cautiously to avoid legal consequences.

Involve crimes that harm individuals, such as assault, murder, and sexual assault. The severity often depends on intent and the degree of harm.

Include theft, fraud, arson, and vandalism. These offenses involve damage to or unlawful possession of property belonging to another.

Typically relate to societal norms and ethical conduct, such as prostitution-related offenses, gambling violations, and obscenity laws.