What is law?
A system of rules that governs society
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| Term | Definition |
|---|---|
| What is law? | A system of rules that governs society |
| What does law provide society? | Order, fairness, safety, predictability |
| What happens without law? | Chaos, injustice, unsafe society |
| What is the Rule of Law? | Everyone including the government must obey the law |
| What is Due Process? | Fair treatment in the legal system |
| What is Stare Decisis? | Courts follow previous decisions |
| What is Ratio Decidendi? | The binding reason for a court decision |
| What is Obiter Dicta? | Judge’s comments that are persuasive but not binding |
| What was Hammurabi’s Code? | First written laws, eye for an eye |
| What was Mosaic Law? | Ten Commandments, equality under God |
| What did Greek law introduce? | Juries and citizen participation |
| What did Roman law contribute? | Contracts, property law, compensation |
| What was the Justinian Code? | Organized Roman law that influenced civil law |
| What did Anglo-Saxon law create? | Juries and common law |
| What is Indigenous law focused on? | Healing, reconciliation, community |
| What is Substantive law? | Defines rights and responsibilities |
| What is Procedural law? | How laws are enforced |
| What is Public law? | Government vs individuals |
| What is Private law? | Individuals vs individuals |
| What are the 4 steps of legal analysis? | Facts, law, apply, conclusion |
| What is the purpose of the Charter? | Protect people from government abuse |
| What does Section 2 protect? | Fundamental freedoms |
| Name four fundamental freedoms | Religion, expression, peaceful assembly, association |
| What do Sections 3–5 protect? | Democratic rights |
| What are mobility rights? | Live, work, travel anywhere in Canada |
| What does Section 7 protect? | Life, liberty, security |
| What does Section 11(d) protect? | Innocent until proven guilty |
| What does Section 15 protect? | Equality rights |
| What are enumerated grounds? | Race, religion, sex, age, disability |
| What are analogous grounds? | Sexual orientation, marital status, citizenship |
| What did R v Oakes create? | The Oakes Test |
| What is the purpose of the Oakes Test? | To justify limits on rights |
| What are the four parts of the Oakes Test? | Important goal, rational connection, minimal impairment, proportionality |
| What is Section 33? | The Notwithstanding Clause |
| How long can Section 33 last? | Five years |
| What is a BFOR? | A valid job requirement |
| What is a summary offence? | A minor crime |
| What is an indictable offence? | A serious crime |
| What is a hybrid offence? | Crown chooses how to charge |
| What is Actus Reus? | The guilty act |
| What is Mens Rea? | The guilty mind |
| What is strict liability? | Act only, defence is due diligence |
| What is absolute liability? | Act only, no defence |
| What is intention? | Deliberately doing something |
| What is recklessness? | Knowing the risk but doing it anyway |
| What is negligence? | Failing to meet a reasonable standard |
| What is first-degree murder? | Planned and deliberate |
| What is second-degree murder? | Intentional but not planned |
| What is manslaughter? | Killing without intent |
| What is simple assault? | Minor force, no injury |
| What is aggravated assault? | Serious or life-threatening injury |
| What is self-defence? | Using reasonable force to protect yourself |
| What is automatism? | Acting without control |
| What does NCR mean? | Not criminally responsible |
| What ages does the YCJA apply to? | Ages 12 to 17 |
| What is the main goal of the YCJA? | Rehabilitation and reintegration |
| What are mitigating factors? | Reduce punishment |
| What are aggravating factors? | Increase punishment |
| What is civil law? | Law dealing with private disputes |
| What is the goal of civil law? | Compensation |
| What is pecuniary damage? | Financial loss |
| What is non-pecuniary damage? | Pain and suffering |
| What are special damages? | Out-of-pocket expenses |
| What are punitive damages? | Punish the defendant |
| What are nominal damages? | Symbolic money |
| What is negotiation? | Parties talk to settle |
| What is mediation? | Neutral person helps |
| What is arbitration? | Third party makes binding decision |