Podcast
Questions and Answers
What is the Latin phrase that means 'to stand by the decision', referring to the principle of abiding by previous court rulings?
What is the Latin phrase that means 'to stand by the decision', referring to the principle of abiding by previous court rulings?
Which of the following describes the judicial process where evidence is presented by two opposing parties to an impartial judge or jury?
Which of the following describes the judicial process where evidence is presented by two opposing parties to an impartial judge or jury?
What is the name of the court order designed to prevent unlawful arrest by ensuring that anyone detained is brought before a court within a reasonable amount of time?
What is the name of the court order designed to prevent unlawful arrest by ensuring that anyone detained is brought before a court within a reasonable amount of time?
What were the traveling courts known as?
What were the traveling courts known as?
Signup and view all the answers
What was the name of the constitution of the Iroquois Confederacy that outlined many of the same principles of justice and fairness found in modern civil rights documents?
What was the name of the constitution of the Iroquois Confederacy that outlined many of the same principles of justice and fairness found in modern civil rights documents?
Signup and view all the answers
Which of the following is a method of deciding cases based on recorded decisions of similar cases?
Which of the following is a method of deciding cases based on recorded decisions of similar cases?
Signup and view all the answers
Which branch of government has the power to make, change, and repeal laws?
Which branch of government has the power to make, change, and repeal laws?
Signup and view all the answers
What is the Latin term that refers to areas that are beyond the power or jurisdiction of a government?
What is the Latin term that refers to areas that are beyond the power or jurisdiction of a government?
Signup and view all the answers
What is the branch of law made up of justices, or judges, who adjudicate disputes, interpret the law, and decide on punishments in Canada's court system?
What is the branch of law made up of justices, or judges, who adjudicate disputes, interpret the law, and decide on punishments in Canada's court system?
Signup and view all the answers
What is a proposed law called?
What is a proposed law called?
Signup and view all the answers
What is the Latin term that means 'within the power', referring to the power a government has to pass laws within its own jurisdiction?
What is the Latin term that means 'within the power', referring to the power a government has to pass laws within its own jurisdiction?
Signup and view all the answers
What is the branch of civil law that holds persons or private organizations responsible for damage they cause another person as a result of accidental or deliberate action?
What is the branch of civil law that holds persons or private organizations responsible for damage they cause another person as a result of accidental or deliberate action?
Signup and view all the answers
What is the term for a decision by a judge to reject previous decisions and create a new precedent?
What is the term for a decision by a judge to reject previous decisions and create a new precedent?
Signup and view all the answers
Which branch of civil law deals with the division and distribution of property after death?
Which branch of civil law deals with the division and distribution of property after death?
Signup and view all the answers
What category of public law prohibits and punishes behavior that injures people, property, and society as a whole?
What category of public law prohibits and punishes behavior that injures people, property, and society as a whole?
Signup and view all the answers
Which type of law governs activity within a nation's borders?
Which type of law governs activity within a nation's borders?
Signup and view all the answers
What is the term for laws that deal with local issues and are passed by municipal governments?
What is the term for laws that deal with local issues and are passed by municipal governments?
Signup and view all the answers
Which branch of civil law provides rules regarding agreements between people and businesses in the purchase or provision of goods and services?
Which branch of civil law provides rules regarding agreements between people and businesses in the purchase or provision of goods and services?
Signup and view all the answers
Study Notes
Types of Law
- Statute law: laws passed by the government
- Tort law: holds persons or private organizations responsible for damage caused to another person due to accidental or deliberate actions
Branches of Government
- Executive branch: administrative branch responsible for carrying out the government's plans and policies, consists of the prime minister (or premier), the Cabinet, and the public or civil service
- Legislative branch: has the powers to make, change, and repeal laws, consists of the House of Commons and Senate at the federal level, and the Legislative Assembly at the provincial and territorial level
- Judiciary: branch of law made up of justices, or judges, who adjudicate disputes, interpret the law, and decide on punishments in Canada's court system
Latin Phrases
- Ultra vires: beyond the power, refers to areas that are beyond the power or jurisdiction of a government
- Intra vires: within the power, refers to the power a government has to pass laws within its own jurisdiction
Systems of Government
- Unitary system: a system of government where power is centralized in one level of government
- Federal system: a system of government where responsibility for governing is divided between two levels of government: the central government and the provincial government
Lawmaking
- Bill: a proposed law
- Government bill: a bill proposed by a Cabinet minister
- Private member bill: a bill proposed by a Member of Parliament (MP) or Member of the Legislative Assembly (MILA) who is not in the Cabinet
Punishment
- Retribution: punishing an offender for revenge, or to satisfy the public that the offender has paid for the crime
- Restitution: punishment that requires the offender to pay the victim or society back for the harm or loss caused by the crime
Historical Legal Codes
- Justinian's Code: the clarification and organization of Roman law commissioned by Byzantine Emperor Justinian I (527-565 AD)
- Napoleonic Code: a code of law in France commissioned by Napoleon Bonaparte in 1804
Trial Procedures
- Trial by ordeal: requiring the accused to undergo torture to determine guilt or innocence
- Trial by oath: requiring friends of the accused to swear on the Bible that he or she is innocent
- Trial by combat: determining guilt or innocence by having the parties involved in a dispute fight a duel
- Adversarial system: the judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury
Judicial Concepts
- Stare decisis: a Latin phrase meaning to "stand by the decision," i.e., abide by the decisions already made
- Rule of precedent: applying a previous decision to a case that has similar circumstances
- Habeas corpus: a court order designed to prevent unlawful arrest by ensuring that anyone detained is brought before a court within a reasonable amount of time
Other Legal Concepts
- Quebec civil code: the system of law used in Quebec for resolving private matters, based on the French Civil Code
- Bylaw: laws that deal with local issues and are passed by municipal governments
- Constitutional law: the body of public law set out in the Constitution that deals with the distribution and exercise of the powers of government and establishes paramount legal principles and standards
- Contract law: the branch of civil law that provides rules regarding agreements between people and businesses when they purchase or provide goods and services
- Criminal law: a category of public law that prohibits and punishes behavior that injures people, property, and society as a whole
- English common law: law developed in English courts, relies on case law and is common to all people
- Estate law: the branch of civil law that deals with the division and distribution of property after death
- Family law: the branch of civil law that deals with various aspects of family life
- International law: laws that govern the conduct of independent nations in their relationships with one another
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Test your knowledge of legal systems with this quiz covering topics such as retribution, restitution, Justinian's Code, and the Napoleonic Code.
