Law Test Review: Rule of Law, Justice, Morality

• Study notes for law test review

Rule of Law

• Requires individuals to recognize the necessity of laws for regulating society.
• Mandates that laws apply universally to everyone.
• Stipulates that no one can have their rights arbitrarily taken away, except in accordance with the law.

Justice and Morality

• Help shape Canada’s legal system by ensuring laws reflect fairness, ethics, and societal values.
• Justice guarantees fairness and equality, while morality influences laws protecting rights and promoting social good.
• Laws evolve with changing societal values, demonstrated by the recognition of Indigenous rights and legalization of same-sex marriage.
• Fair and ethical laws foster trust between citizens, communities, and the government.
• Result in greater adherence to the law, creating a stable, respectful, and democratic society.

Codified Law

• Consists of written and organized legal rules providing clear societal guidelines.
• Ensures fairness, consistency, and predictability within the legal system.
• The Criminal Code of Canada is an example, defining crimes and penalties.
• Builds trust between citizens and the government by setting clear rules.
• Helps to create a stable and just society.

Retribution

• Is a legal principle focused on punishing offenders for their crimes to achieve justice.
• Aims to ensure criminals receive fair consequences proportionate to their actions.
• Evident in Canada’s legal system through prison sentences, fines, and other penalties.
• Enforcing fair punishment fosters trust in the justice system.
• Victims and society experience a sense of justice and accountability.

Trial by Ordeal

• Used when judges were unable to determine guilt or innocence through evidence or testimony.
• Relied on the belief that divine forces would reveal the truth.
• Meant for God to decide the outcome, with the assumption that an innocent person would be protected.
• Served as the determining factor for the accused.
• Relied on the idea that “good” would triumph over “evil”.

Trial by Oath

• Involved representatives vouching for the accused, swearing an oath usually with one hand on the bible.
• Eternal damnation was the penalty for lying.
• If the accused and their supporters swore truthfully, they were usually cleared of charges.

Trial by Combat

• Involved two parties engaging in a duel.
• It was believed that God would grant victory to the rightful party.
• Served to determine guilt or innocence through physical combat.
• This process side-stepped relying on evidence or witness testimony

Adversarial System

• Is a legal process where opposing sides present their cases before a neutral judge or jury.
• Its purpose is to ensure fairness and justice by allowing both parties to argue their positions and provide evidence.
• Used in Canada’s courts, with the prosecution and defense competing to prevail in their case.
• Ensures both sides have a voice.
• Promotes fairness in decision-making.
• Today, layers use mental strength rather than physical strength.

Feudal System

• King William of England in the 11th century developed this system by parceling land and appointing noble men to be land barons.
• Land barons controlled large areas of land and had authority over the people living on it.
• Peasants worked on the land and were provided protection.
• Influenced modern property laws and government structures.

Common Law

• Law is common to all and has a general and universal application.
• Referred to as “case law”
• It derives from the decisions made by judges in previous cases.
• Both sides must research precedents that could result in a favorable outcome in their case.
• Judges interpret past rulings when deciding new cases.
• Ensures consistency and fairness.
• Flexible because it adapts to new situations through judicial decisions.

Circuit Judges/Assizes

• Circuit judges were appointed as travelling judges to hear cases; this ensured justice was accessible.
• Assizes were periodic court sessions in England and Wales where serious criminal and civil cases were tried by traveling judges.
• After around 6 months they would hire new circuit judges who based their decisions on the past judges rulings.

Case Law

• Refers to past judicial decisions.
• Guides how future cases are decided.
• Courts rely on these previous rulings, known as precedents.
• Used to ensure consistency in the legal system.
• Judges interpret and apply case law when there are no clear statutes or when laws need clarification.
• It is an important part of legal systems, especially in common law countries.

Stare Decisis

• Requires that judges follow the previous rulings - i.e. precedents.
• Decisions from other judges in higher courts (province/territory) and the Supreme Court of Canada on the same issue.
• Ensures consistency and fairness in the legal system.
• Lower courts follow the rulings of higher courts.
• Makes laws more predictable and stable over time.

Distinguishing a Case

• Happens when a judge decides that a past legal decision does not apply because the current case has important differences.
• Allows the court to make a new ruling instead of following precedent.
• Helps the legal system stay flexible by adapting to unique situations.
• If one driver ran a red light recklessly while another did it to avoid an accident, it could allow for flexibility in sentencing.

Rule of Precedent

• Courts must follow decisions made in past cases when ruling on similar issues.
• Ensures consistency and fairness in the legal system.
• Lower courts follow the rulings of higher courts.
• Helps judges make decisions based on established legal principles rather than personal opinions.

Divine Right

• The concept that monarchs and their successors derived their power to rule from God and not the people.
• Monarchs were not accountable to anyone except God.

Habeas Corpus

• Protects people from being jailed unfairly.
• If arrested, individuals can ask a court to check if their detention is legal.
• Prevents the government or authorities from holding someone without good reason.
• It is an important law that helps protect people’s rights and freedoms

Statute Law (Jurisdiction)

• Is a written Law or Act passed by the government
• Each level of government has the power to enact legislation but only within its own area of political jurisdiction.
• These laws are officially passed and recorded.
• Courts and authorities can enforce it.
• Statute law covers a wide range of issues, including criminal offenses, business regulations, and public policies.
• Plays a key role in governing society by setting clear legal rules that everyone must follow.

Sources of Law (in Canada)

• Constitutional Law: deals with the distribution and exercise of government power.
• If a law violates the constitution, the courts may declare the law unconstitutional and strike it down.
• Statute Law: a law or act passed by government.
• Common Law (Case Law): law common to all and has general + universal application.
• Derived from the decisions made by judges in previous cases.

Bylaws

• Local laws or regulations made by municipalities or organizations to govern specific areas or activities.
• Cover issues like zoning, noise control, parking, and business operations within a community.
• Ensure local order and address concerns that national or state laws may not cover.

Categories of Law (International and Domestic)

• International law: governs relationships between countries and includes treaties, trade agreements, and human rights laws.
• Domestic law: applies within a single country and includes criminal, civil, and constitutional laws that regulate how people and governments act.
• International law promotes cooperation between nations, while domestic law maintains order within a country.

Public and Private Law

• Public law governs relationships between individuals and the government, including criminal, constitutional, and administrative law.
• Ensures that government actions are legal and protects public interests.
• Private law deals with disputes between individuals or businesses, such as contracts, property, and family law.
• Both types of law are essential today for maintaining order, protecting rights, and ensuring fair treatment in society.

Substantive and Procedural Law

• Substantive law defines the rights and responsibilities of individuals and governments, such as criminal laws, contract laws, and human rights laws.
• Procedural law outlines the steps and processes for enforcing substantive laws, such as court procedures, evidence rules, and how trials work.

Division of Powers

• Separated into different types of governments (federal, provincial, municipal, and Indigenous).
• Each government oversees different responsibilities based on jurisdiction.
• Responsibilities are either intra vires (within jurisdiction) or ultra vires (without jurisdiction).
• The federal government has residual powers that can expand their jurisdiction to responsibilities normally designated to provinces or municipalities.

BNA Act 1867 (Civil Liberties)

• Outlined the framework for Canadian government and still constitutes much of Canada’s constitution.
• For a time, Canada would need permission for amendments to the living document however, in that time, that would change.
• Model of the government was known as a centrist/federal system when greater authority was reserved for federal government and provincial responsibilities (handled down by Ottawa)

Patriate (Four Key Elements Added)

• To bring a country's constitution under its own control.
• Ending the need for a foreign power (in Canada’s case, the British Parliament) to approve constitutional changes or amendments.
• Patriation refers to a process where a country assumes full authority over its constitution.
• No longer requires approval from a colonial or external government for constitutional amendments.

Government and the Three Branches

• Legislative Branch: Includes elected members of parliament who sit in the House of Commons + senators who sit in the House of Senate, with power to make, change and repel laws.
• Executive Branch: Includes the prime minister and members of the cabinet who are Responsible for carrying out the government's plans + policies.
• Judicial Branch: Composed of justices/Judges who enforce the law and decide on punishments.

Bills (Government/Public Members/Private Members)

• Government Bills: Introduced by Cabinet ministers, have strong support and deal with big issues like taxes and crime.
• Private Members' Bills: Brought forward by MPs who are not in the Cabinet, these focus on public concerns but may not always pass.

Lobby Groups

• A group of people that create / change a law that will benefit a certain group
• Lobby a politician to create/ Change laws that are self-serving.
• Special interest groups are selfless laws they advocate for, based off what is right.

Royal Commissions

• Independent public inquiries set up by the government to investigate important national issues.
• Study complex topics like healthcare, corruption, or human rights.
• They provide recommendations for change.
• Gather evidence, hold public hearings, and create reports to help improve laws and policies.

Public vs. Private Law

• Public law: Constitutional law deals with the distribution and exercise of government powers.
• Administrative law relates to the relationship between people and government departments, boards, or agencies.
• Criminal law identifies crimes and prescribes punishments.
• Private law: Tort law holds persons or private organizations responsible for damage.
• Contract law provides rules regarding agreements between people/businesses.
• Family law deals with various aspects of family life.
• Wills and estates concern the division and distribution of property after death.
• Property law governs ownership rights in property.
• Employment law governs employer-employee relationships.

Short Answer: Presumption of Innocence

• A legal principle stating that every person accused of a crime is considered innocent until proven guilty in a court of law.
• Places the burden of proof on the prosecution, meaning an accused person does not have to prove their innocence.
• Prosecution must provide clear and convincing evidence to establish guilt beyond a reasonable doubt.
• Ensures fair trials, prevents wrongful convictions, and upholds justice and individual rights.

Public and Private Law

• Public law governs the relationship between individuals and the government, including criminal law, constitutional law, and administrative law.
• Public law ensures that governments act within their legal limits, protects citizens' rights, and maintains law and order.
• Holds the government accountable for its actions.
• Private law regulates relationships between individuals, businesses, or organizations. Includes contract law, property law, family law, wills and estates, employment law, and tort law.
• Private law provides a fair system to resolve disputes between individuals or companies.
• Ensures justice in personal, and business matters, protects property and legal agreements, and helps people seek compensation when harmed