REVIEW FOR UNIT 1. Mr. Thorburn

Transcription

1 REVIEW FOR UNIT 1 Mr. Thorburn

2 Introduction Purpose of law in society Differences between rules and laws Rule of Law: elements of Rule of Law, Meaning of Due Process, Roncarelli vs. Duplessis Relationship between law and Morality Components of Justice

3 Historical Roots of Law Hammurabi s Code: When? What? Importance? Concept of Retribution Mosaic Law: Source. Importance Greek Law: Influence on Democracy. Juries Roman Law: 12 Tablets. Justinian s Code.

4 Influences on Canadian law Development of Common Law: Before 1066 C.E. Trial by ordeal, Trial by Oath Helping, Trial by Combat. Feudalism and Divine Right

5 Development of Assizes and Circuit Judges Stare Decisis/Rule of Precedent Magna Carta and habeas Corpus Pros and Cons of the use of Common Law

6 Sources of Canadian Law Pyramid of Canadian Law: Constitution, Statute Law--Jurisdiction, Common Law Distinguishing a case. Categories of Law: 1. International vs. Domestic 2. Substantive vs. Procedural 3. Public (Constitutional, Criminal, Administrative) vs. Private/Civil (Tort, Contract, Family, Property, Employment, Wills and Estates). Case Citations: identifying a case.

7 Constitutional Law Purpose of the Constitution Federalism: Division of Powers Statute of Westminster (1931) Jurisdictional Disputes (Ultra Vires and Intra Vires)

8 Constitutional Law Know the vocabulary and do the reviews at the end of each of the first three chapters.

9 How is a rule different than a law? Rules are not enforced by courts You cannot opt out of a law, as you can a rule You can change rules without legislative authority Rules are not laws, but all laws are rules

10 What is the rule of law? Rule of justice stating that: 1. The people must recognize that the law is necessary to regulate society 2. The law applies equally to all 3. People are not governed by arbitrary authority

11 What are the Great Laws of Manu and the Code of Li K vei The Great Laws of Manu were laws of India compiled between 1280 and 880 BCE, previously transferred through oral tradition The Code of Li K vei were laws of China written around 350 BCE Early law codes dealt with property rights, slavery and treatment of women and children

12 Code of Hammurabi Discovered in Iran by French archaeologists in 1901, it is one of the earliest known sets of recorded laws, written by King Hammurabi of Babylon. Covered every aspect of life in Babylonian society Many of Hammurabi s laws were based on retribution, and some were based on restitution

13 What is Retribution? Justice based on vengeance and punishment (eye for an eye, tooth for a tooth)

14 Restitution Payment made by the offender to the victim of a crime (this could be monetary payment or payment in another form)

15 The laws of Moses found in the book of exodus Mosaic Law

16 trial by combat a battle between two people to determine guilt

17 Magna Carta known as the Great Charter, it became the forerunner of many civil rights documents King John was forced (by his noblemen) to sign the Magna Carta in 1215 The king follows the law too

18 habeas corpus You must have the body (Latin) A component of the Magna Carta historic right to a court appearance within a reasonable amount of time

19 adversarial system a legal system based on two lawyers arguing the case in court before an impartial judge This is the system used in Canada and most of the rest of the world

20 Québec Civil Code The system of law used in Québec for resolving private matters Based on the Napoleonic Code

21 Distinguishing a case Determining that the current case is different enough from another case that it warrants not using the other case as a precedent

22 The Great Binding Law a peace agreement among six Aboriginal tribes in what is now Canada and the United States

23 Justinian's Code a Roman code of law written by an emperor whose name is synonymous with the concept of justice Justinian collected, edited and published Roman code to date

24 stare decisis the term that literally means "to stand by the decision This means that a judge must to stand by a decision made in similar cases and apply that decision to the current case.

25 Greek Law Democracy (direct democracy) Draconian Law: Dracon set down laws in a code In the draconian code, most punishments were death.

26 Greek Law Solon made laws fairer. All adult male citizens could participate in law making assemblies

27 Roman Law Senate: law making assembly made up of men from prominent families Separation of Crime from Civil laws Criminal law laws against the state everyone becomes answerable to the law. Business law such as contract law

28 Roman Law Contract law You will be held responsible to a contract Tort law (for damages) usually for negligence Advocates (equivalent to lawyers) no fee. Lawyers were rich men. Barristers (lawyer) Solicitors (legal consultant)

29 Trial by Ordeal Trial by torture, for example: If you sink (drown, or are rescued before death), you are innocent; if you float, you are guilty and will be executed.

30 Ultra Vires Means outside the jurisdiction of a certain government. For example, the provincial government cannot enact legislation regarding the armed forces because that is ultra vires the provincial government (it is the jurisdiction of the federal government).