Law Studies

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Purpose of Law

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41 Terms

1

Purpose of Law

to solve disputes in an orderly manner in a reasonable way

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2

Function of Laws

Law exists to protect society and its members, law helps keep order in society

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3

Rights

privilege that can be taken away in some situations ( right to remain silent, can be taken or lost)

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4

Freedom

privilege given by a legal system that can never be take, only limited (freedom of speech...but no hate speech)

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5

Code of Hammurabi

A collection of 282 laws that ruled through threats and were VERY HARSH. Included codification and retribution

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6

Codification

The act or process of rendering laws in written form. Written collection of laws for its use of comprehension

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7

Retribution

a repayment; a deserved punishment; an eye or an eye

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8

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

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9

Roman Laws

created the law profession and established equity

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10

restitution

act of making good, compensation

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11

Equity

all people are equal under the laws regardless of being rich or poor

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12

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

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13

Case Law

cases decided by court and recorded and published

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14

Citation

(R-Regina or Rex)-(V-Versus)-(Bates-Accused)-(year decided)-(Volume Number)-(Name of Reporter)-(series)-(Page Number)-(Jurisdiction)

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15

Rule of Law

everyone is expected to abide by the law and must settle disputes peacefully following legal procedures

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16

Magna Carta

"the Great Charter"; a written legal agreement signed in 1215 that limited the English monarch's power

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17

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

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18

Statue Law

A law passed by the legislature

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19

Canada's Constitution

Supreme Law and is the living, breathing document that describes basic government/ law structure. Laws must not violate constitution.

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20

Amending Formula

Procedure for changing the Constitution

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21

Amending Formula Equation

(7/10 Provinces) + Federal Agreement+ (50% +1 of population)= change

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22

notwithstanding clause

Provinces can opt out of small parts of the constitution

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23

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

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24

First reading

Bill introduced by a Cabinet minister or private member and first vote taken

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25

Second reading

Bill introduced again and debated in general and second vote taken

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26

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

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27

Third Reading

Bill briefly debated and third vote taken Goes to the Senate

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28

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

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29

The Four Freedoms

Freedom of speech, assembly, religion, and association

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30

Freedom of speech

free to express yourself ( no hate speech )

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31

Freedom of Assembly

protest and gathering allowed ( peacefully )

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32

Freedom of Religion

free to follow your own beliefs

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33

Freedom of association

free to be around whomever you want

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34

mobility rights

-Section 6 of the Charter grants you the right to move freely inside and outside Canada.

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35

Prejudice

making a judgement about a person based on a preconceived notion

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36

Discrimination

Behaving differently, usually unfairly, toward the members of a group. leads to an action that is demonstrably unfair.

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37

stereotype

judging one person of a group and applying this idea to all members of the group.

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38

Intentional discrimination

when you purposely classify a group of people with a trait

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39

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.

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40

womens right sufferage

Women's suffrage is the right of women to vote in elections

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41

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.

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