Law Quiz Notes PDF

Law A system of rules a country follows, breaking a rule creates penalties Laws are mandatory Jurisdiction The official power to make legal decisions/judgement Justice A belief that is based on fairness, morality and the equality of all rights The Rule of Law The fundamental principle that societ...

Law A system of rules a country follows, breaking a rule creates penalties Laws are mandatory Jurisdiction The official power to make legal decisions/judgement Justice A belief that is based on fairness, morality and the equality of all rights The Rule of Law The fundamental principle that society is governed by laws applying equally to all persons and that neither any person nor the government is above the law Constitutional Law The body of written and unwritten law that set out how the country will be governed Jurisprudence Philosophical interpretations of the meaning and nature of law State Sovereignty The lawful control by the state over its territory, right to govern in that territory, and the authority to apply law there to the exclusion of other states Equity The quality of being fair and impartial Right power/privilege held by public result of constitution statute regulation or judicial precedent Rights refer to an individual’s ability to participate in the civil and political life of the society and state without fear of discrimination Freedom Not being forced to act in a way that opposes his belief and conscience International Law A law that has jurisdiction in more than one country Domestic Law A law that governs activities within a particular country Scales The scales represent impartiality and the obligation of the law (through its representatives) to weigh the evidence presented to the court. Each side of a legal case needs to be looked at, and comparisons made as justice is done. Blindfold As in the phrase “justice is blind,” the blindfold implies that she does not judge on appearance. Equally, examples like this statue (left) suggest that she uses her mind and all her senses to do justice. Sword Lady Justice's sword shows authority, including the power to punish injustice What influences have shaped the justice system over time? Imagine that the law is the shape of a tree. The roots go down deep into the earth and provide nutrients and water to the tree. Just as the roots of a tree draw their strength from a number of sources, so too does law. Primary Sources of Law Those parts of a legal system that have the longest historical development and represent the system’s cumulative values, beliefs, and principles Secondary Sources of Law Current laws that enshrine a society’s values in written rules and regulations that have been formulated by legislators and judges Primary Sources of Law Religion & Morality Historical Influences Customs & Conventions Social & Political Philosophy Morality is the belief of being concerned about right and wrong or good and bad behaviour, morality is a cultural standard that goes from humans to animals. Religion is about faith and believing in things beyond this world that has a Ruler. If I were to commit a murder there would be a difference in the morality in my crime and how it is a sin in my religion. The historical influences in law are British and French laws which were influenced by Greek and Roman law. Greek and Roman law was influenced by notions and concepts of private property which came from ancient kingdoms of mesopotamia. The great binding law explains that “if we look after the land, the land will look over us” if we take care of the plants and trees they will help produce oxygen and fresh vegetables/fruits so in this way we are all connected in a web of relationships. Out of all the primary sources I think customs are the most influential to Canadian law because we use common knowledge and trust our gut for laws, if that changes law changes so it has the biggest influence and impact, Customs is one of the oldest and most reliable sources. Secondary Sources of Law Constitutional Law Statute Law Case Law Legal Writings Distinguish between primary and secondary law Primary is the foundation of law and secondary is the laws itself Why is it important to understand what is meant by a judicial independence and parliamentary supremacy Judicial independence guarantees judges will be able to make decisions free of influence and based solely on facts and law. Parliamentary supremacy is supreme and the function of the courts is to interpret the law as laid down by parliament. What is the relationship between British North America Act and the Constitution Act, 1867 Canada was created by an act of the Parliament of the United Kingdom called the British North America Act, 1867 which is now known as the Constitution Act, 1867. it united the British colonies of the United Province of Canada, Nova Scotia, and New Brunswick. Briefly explain the importance of precedents in case law precedents are an important role in decision-making and help the judicial officers in referring to similar case laws, saving time and inspecting results. It's usually a research paralegal or associate assigned with a case law study and discovery concerning a legal matter. What are the rules and aids that judges may use when interpreting a statute? the "Mischief Rule" that considers legislative intent the "Literal Rule" that considers the "textual meaning" the "Golden Rule" that considers the "entire context" including established legal norms. Criminal Law Domestic Law & International Law Substantive Law & Procedural Law Public Law Private Law / Civil Law Administrative Constitutional Check Your Understanding: Categories of Law p. 61