Law Studies

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41 Terms
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Purpose of Law
to solve disputes in an orderly manner in a reasonable way
Function of Laws
Law exists to protect society and its members, law helps keep order in society
privilege that can be taken away in some situations ( right to remain silent, can be taken or lost)
privilege given by a legal system that can never be take, only limited (freedom of speech...but no hate speech)
Code of Hammurabi
A collection of 282 laws that ruled through threats and were VERY HARSH. Included codification and retribution
The act or process of rendering laws in written form. Written collection of laws for its use of comprehension
a repayment; a deserved punishment; an eye or an eye
Mosaic Law
the Law, most importantly the Ten Commandments, that God gave to Moses on Mount Sinai to guide the lives of the Israelites. It was a harsh set of rules with extreme punishments. Included restitution
Roman Laws
created the law profession and established equity
act of making good, compensation
all people are equal under the laws regardless of being rich or poor
Rule of Precedent
Sentences have to be relative to previous cases. If one muder was 25 years, the next also have to be around the same
Case Law
cases decided by court and recorded and published
(R-Regina or Rex)-(V-Versus)-(Bates-Accused)-(year decided)-(Volume Number)-(Name of Reporter)-(series)-(Page Number)-(Jurisdiction)
Rule of Law
everyone is expected to abide by the law and must settle disputes peacefully following legal procedures
Magna Carta
"the Great Charter"; a written legal agreement signed in 1215 that limited the English monarch's power
Habeas Corpus
Must be charged within 48hrs of being detained or you must be released Trial will consist of a jury of 12 people / all must agree for guilty
Statue Law
A law passed by the legislature
Canada's Constitution
Supreme Law and is the living, breathing document that describes basic government/ law structure. Laws must not violate constitution.
Amending Formula
Procedure for changing the Constitution
Amending Formula Equation
(7/10 Provinces) + Federal Agreement+ (50% +1 of population)= change
notwithstanding clause
Provinces can opt out of small parts of the constitution
how a bill becomes law
1. First reading 2.Second Reading 3. Committee Stage 4.Third Reading 5. Bill goes through readings in house of commons 6. Bill is signed
First reading
Bill introduced by a Cabinet minister or private member and first vote taken
Second reading
Bill introduced again and debated in general and second vote taken
Committee Stage
Bill usually sent to select committee, standing committee or committee of the whole house - Bill is studied in detail and changes (amendments) often made; each section may be voted on separately
Third Reading
Bill briefly debated and third vote taken Goes to the Senate
Dudley vs. Stephens
Story about boys that were shipwrecked and had to use one of the boys as food One was not involved whereas the other 2 were sentenced to death
The Four Freedoms
Freedom of speech, assembly, religion, and association
Freedom of speech
free to express yourself ( no hate speech )
Freedom of Assembly
protest and gathering allowed ( peacefully )
Freedom of Religion
free to follow your own beliefs
Freedom of association
free to be around whomever you want
mobility rights
-Section 6 of the Charter grants you the right to move freely inside and outside Canada.
making a judgement about a person based on a preconceived notion
Behaving differently, usually unfairly, toward the members of a group. leads to an action that is demonstrably unfair.
judging one person of a group and applying this idea to all members of the group.
Intentional discrimination
when you purposely classify a group of people with a trait
Unintentional Discrimination
this happens when a group of people is eliminated from a job because of a pre-condition that has nothing to do with the ability of a person to do the job.
womens right sufferage
Women's suffrage is the right of women to vote in elections
pay and employment equity disabled rights
Section 19 of the Employment Equity Act nr 55 of 1998 stipulates that a Designated Employer must conduct an analysis of employment policies, practices, procedures and working environment so as to identify employment barriers that adversely affect members from Designated Groups.