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 |