Podcast
Questions and Answers
What distinguishes laws from simple rules?
What distinguishes laws from simple rules?
- Laws are optional to follow.
- Laws involve enforcement and consequences. (correct)
- Laws do not need to be written down.
- Laws are only established by local customs.
Which of the following is NOT a function of law?
Which of the following is NOT a function of law?
- Impose societal norms (correct)
- Protect society
- Establish rules of conduct
- Resolve disputes
Which type of law deals with the relationship between employers and employees?
Which type of law deals with the relationship between employers and employees?
- Tort Law
- Labour Law (correct)
- Contract Law
- Administrative Law
What is codification in the context of law?
What is codification in the context of law?
Which characteristic is unique to substantive law?
Which characteristic is unique to substantive law?
Which of the following is a type of public law?
Which of the following is a type of public law?
What was one of the main features of the Justinian Code?
What was one of the main features of the Justinian Code?
Which law outlines the powers and structure of governments?
Which law outlines the powers and structure of governments?
Which level of government is responsible for criminal law in Canada?
Which level of government is responsible for criminal law in Canada?
What is the final step in the federal law-making process?
What is the final step in the federal law-making process?
Which body is NOT part of the federal legislative branch in Canada?
Which body is NOT part of the federal legislative branch in Canada?
Which of the following powers is a provincial jurisdiction?
Which of the following powers is a provincial jurisdiction?
What distinguishes municipal laws from federal and provincial laws?
What distinguishes municipal laws from federal and provincial laws?
Which statement about the Senate in the federal legislative process is incorrect?
Which statement about the Senate in the federal legislative process is incorrect?
Who acts as the Queen’s representative at the provincial level?
Who acts as the Queen’s representative at the provincial level?
What is the role of the Cabinet in the federal government?
What is the role of the Cabinet in the federal government?
What major limitation did the Canadian Bill of Rights have?
What major limitation did the Canadian Bill of Rights have?
Which document provides constitutional protection for rights in Canada?
Which document provides constitutional protection for rights in Canada?
What right is explicitly stated in both the Universal Declaration of Human Rights and the Canadian Bill of Rights?
What right is explicitly stated in both the Universal Declaration of Human Rights and the Canadian Bill of Rights?
Who introduced the Canadian Charter of Rights and Freedoms?
Who introduced the Canadian Charter of Rights and Freedoms?
Which of the following could change the Canadian Charter of Rights and Freedoms?
Which of the following could change the Canadian Charter of Rights and Freedoms?
What did the Statute of Westminster, 1931 accomplish for Canada?
What did the Statute of Westminster, 1931 accomplish for Canada?
What right is protected under the Canadian Bill of Rights but not explicitly mentioned in the Universal Declaration of Human Rights?
What right is protected under the Canadian Bill of Rights but not explicitly mentioned in the Universal Declaration of Human Rights?
Which significant action took place on July 1, 1867?
Which significant action took place on July 1, 1867?
What significant principle was established by the Magna Carta of 1215?
What significant principle was established by the Magna Carta of 1215?
What is the primary purpose of the writ of habeas corpus introduced in the Magna Carta?
What is the primary purpose of the writ of habeas corpus introduced in the Magna Carta?
Which legal system is characterized by decisions based on past legal precedents?
Which legal system is characterized by decisions based on past legal precedents?
What event marked the beginning of the American Revolution in 1775?
What event marked the beginning of the American Revolution in 1775?
Which document was added to the American Constitution in 1791 to protect civil rights?
Which document was added to the American Constitution in 1791 to protect civil rights?
Which revolution was significantly influenced by the ideas of liberty and equality from the American Revolution?
Which revolution was significantly influenced by the ideas of liberty and equality from the American Revolution?
What significant outcome arose from the revolutions of the 18th century regarding governance?
What significant outcome arose from the revolutions of the 18th century regarding governance?
What major international organization was formed shortly after World War II to address human rights issues?
What major international organization was formed shortly after World War II to address human rights issues?
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Study Notes
What is Law?
- Laws are a set of rules established and enforced by government.
- Laws are mandatory, meaning compliance is required.
- Laws carry consequences for violations.
Functions of Law
- Establish rules of conduct for society.
- Provide a mechanism for enforcement.
- Protect individual rights and freedoms.
- Serve to protect society as a whole.
- Resolve disputes among individuals and entities.
Divisions of Law
- Substantive Law: Outlines rights and responsibilities; further divided into Public Law and Private Law.
- Procedural Law: Concerns the legal processes for enforcing rights.
Public Law
- Criminal Law: Defines offenses against society and corresponding punishments.
- Constitutional Law: Governs the structure and powers of governments.
- Administrative Law: Regulates the relationship between citizens and government agencies.
Private Law (Civil Law)
- Tort Law: Holds individuals accountable for damage caused to others.
- Family Law: Governs family relationships, including marriage.
- Contract Law: Establishes requirements for legally binding agreements.
- Property Law: Defines relationships involving property ownership.
- Labour Law: Focuses on the relationship between employers and employees.
Early History of Law
- Laws began as unwritten customs adhered to by ancient societies.
- With growing populations, codification of laws became necessary.
Key Codifications
- Code of Hammurabi (c. 1750 BCE): One of the earliest written legal codes, containing nearly 300 laws.
- Mosaic Law (c. 1240 BCE): Based on the Ten Commandments, received by Moses.
- Justinian Code: Codified Roman laws emphasizing equality under the law.
- Magna Carta (1215): Established the principle that everyone, including the king, is subject to the law; introduced habeas corpus.
- Napoleonic Code (1804): Influenced civil law systems across Europe.
Feudalism
- Introduced by King William in 1066, where lords managed land for the king, leading to inconsistent law enforcement.
Common Law
- Developed through judges making decisions based on precedents set in similar cases.
Rule of Law
- Signified by the Magna Carta, asserts that laws apply equally to all individuals.
Rights & Revolutions
- American Revolution (1775): Resulted in the Declaration of Independence and the U.S. Bill of Rights (1791).
- French Revolution (1789): Influenced by American ideals, established concepts of liberty and equality.
Universal Declaration of Human Rights (UDHR)
- Created post-World War II, outlining fundamental human rights including the right to life, liberty, and security.
Canadian Bill of Rights
- Introduced in 1960, codified civil rights and freedoms in Canada; established protections but was limited to federal matters.
Constitutional Protection
- The Canadian Charter of Rights and Freedoms was introduced in 1982, ensuring rights apply at all government levels and require a formal amendment process for changes.
Canada’s Constitution History
- Canada became independent on July 1, 1867, initially under the British North America Act.
- Gained control over foreign affairs in 1931 with the Statute of Westminster.
- The Constitution was "patriated" in 1982, giving Canada complete control.
Division of Powers
- Federal Powers (Section 91): Include criminal law, banking, and marriage.
- Provincial Powers (Section 92): Cover civil rights, property, and local governance.
Federal Laws
- Passed by Parliament, which consists of the House of Commons, Senate, and Governor General.
Federal Branches
- Executive: Governor General, Prime Minister, Cabinet.
- Legislative: House of Commons, Senate.
- Judiciary: Interpretation and enforcement by judges.
How a Bill Becomes Law
- First Reading: Introduction of the bill.
- Second Reading: Debate in House of Commons.
- Committee Stage: Review and amendment of the bill.
- Third Reading: Final debate and vote in the House.
- Senate Approval: Similar review process.
- Royal Assent: Governor General signs bill into law.
Provincial & Municipal Laws
- Provincial laws are passed similarly to federal laws but lack a Senate; the lieutenant-governor represents the Queen.
- Municipal laws are referred to as bylaws.
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