law

• Legal terms


  • Assizes
  • Habeas Corpus
  • Patriate
  • Rule of Precedent
  • Trial by Ordeal
  • Substantive Law
  • Common Law
  • Intra Vires
  • Procedural Law
  • Torts
  • Stare Decisis
  • Ultra Vires
  • Constitutional Law
  • Law
  • Rule of Law
  • Trial by Oath Helping
• Assizes


  Travelling Courts
• Habeas Corpus


  “You must have the body”. The court must present the arrested before the judge to determine punishment
• Patriate


  To assume control of a government from a mother country
• Rule of Precedent


  Apply past decisions to similar cases
• Trial by Ordeal


  Accused was tortured until they admitted guilt. Only done under the death penalty. Flaw: people would admit guilt just to get the torture over with
• Substantive Law


  The content of the law. Anything that looks at your actions e.g. speeding, owning property
• Common Law


  • A method of dealing with cases based on the previous decisions made by other similar cases
  • Not written in Acts
• Intra Vires


  Within the jurisdiction. e.g. Federal government can make a law regarding the postal service
• Procedural Law


  How laws are enforced. e.g. Police can’t just arrest you and put you in jail, they need to follow certain procedures beforehand
• Torts


  Civil injuries. Usually seeks compensation
• Stare Decisis


  “Stand by the decision”. As precedents were written down, they were easier to follow
• Ultra Vires


  Beyond jurisdiction. e.g. Federal government can’t make laws regarding school divisions in Manitoba
• Constitutional Law


  • Laws regulated by the government
  • Divides laws between federal and provincial governments
  • Overrides statute and common law
• Rule of Law


  1. Individuals must recognize and accept the law as necessary to regulate society.

  2. Law applies to everyone equally.

  3. No one in society has the authority to exercise unrestricted power to take away our rights except in accordance with the law
• Trial by Oath Helping


  When people who knew the accused would swear on the bible. Flaw: People could lie to protect the accused
• Statute Law

  • Written laws called Acts
  • Must be approved and passed by the government
  • Overrides common law
• Babylonian Law

  • Code of Hammurabi
  • Used innocent until proven guilty
• Hebrew Law

  • Mosaic Law
  • Came from the 10 Commandments
  • Laws were written down
• Greek Law

  • Draco's Law
  • Introduced democracy and jury system
• Roman Law

  • 12 Tables
  • Rewrote and changed laws
• Byzanite Law

  • Justinian Code
  • First use of civil law
• French Law

  • Napoleonic Code
  • Alleviated segregation of classes
  • Quebec's civil code is based of the Napoleonic Code
• Indigenous Law

  • The Great Binding Law
  • Culture based and many laws are still used now
• International Law

  • Created by custom and international agreements
  • UN acts as a court to settle disputes
• Domestic Law


  Any law within a country
• Residual Powers


  Federal responsibility to make laws in legislative areas not assigned to the provinces
• Statue of Westminster 1931

  • Canada was allowed to make its own laws
  • These laws could not be overruled by Britain
  • Canada could not amend its own constitution without Britain's approval
• British North American Act (July 1, 1867)

  • Established Canada as a separate political entity within the British Empire
  • Canada had a federal system of government
  • two level system of government (provincial and federal)
• Constitution Act (1982)

  • Charter of Rights and Freedoms
  • Principle of Equalization
  • Natural Resources to be shared
• Federal System 


  Federal and provincial systems would make decisions and the powers would be divided
• Unitary System


  Only Federal Parliament would make decisions
• Nature of Law

  Law is a series of rules that:

  • Govern relationships between individuals
  • Govern countries
  • Govern relationships between businesses and associations
• Rules are not laws, but all laws are rules
• Feudal System

  • System of land ownership that divided Britain into parcels of land
  • The king had Divine Right
• Trial by Combat

  • Both parties would engage in a combat
  • Flaw: strongest person would most likely win
• Adversarial System

  • Lawyers present evidence to a partial judge to prove innocence
• Foundation of Law


  Law is the foundation of our civilization.

  As long as there is the discipline of law, civilization exists
• Bill to Law

  • (Public) Bill is first introduced into the House of Commons by Cabinet Members
  • First Reading:
  • Introduction and general purpose
  • Opinions and research about the bill
  • Second Reading:
  • Debate among MP
  • Bill is revised
  • Third Reading:
  • Proposed changes are made
  • Final vote