CLU3M Grade 11 Law Heritage Unit onstudynotes 2017-01-23, 6*25 PM

Home Average Calculator Submit Help About "SPH3U 11 Physics"

CLU3M Grade 11 Law

Heritage Unit
Like Be the first of your friends to like this.

Law Study Notes- Heritage Unit

What does law do for us?

1. Establishes rules of conduct: Creates a safer place for us to live while

reducing or eliminating conflicts.
2. Provides a system of enforcement: Police and courts oversee the
operation of laws.
3. Protect Rights and Freedoms: Laws help encourage tolerance and
respect and protects our basic rights and freedoms.
4. Protecting Society: Protects people from harm.
5. Resolves Disputes: Laws create order and ensures disagreements are
solved fairly.

How were laws established in the medieval times?

Verdict by God: God would protect you from harm if you were
innocent

Trial by water: Accused got thrown into water with their hands tied
behind their back if they sank that meant that they were innocent because
water represented purity, and the water accepted him/her.

Trial by fire: Accused had to hold a burning hot rod. They would then
get their hands wrapped and in 3 days get the wrap taken off. If their hand was
infected or burnt they were guilty.

Trial by combat: Two people had a sword fight, and whoever won

http://onstudynotes.com/notes/clu3m-grade-11-law-heritage-unit/ Page 1 of 10
CLU3M Grade 11 Law Heritage Unit onstudynotes 2017-01-23, 6*25 PM

was innocent. But if the winner was injured he/she would still get hung.

Trial by compurgation: Victim chose 11 compurgators to prove

innocence, but if accuser chose 11 witnesses with a higher ranking, victim was
guilty.

How were laws made way back when?

Usually based on common sense and the local customs and beliefs of
the ancient civilizations.

Passed on to future generations verbally.

What was the Code of Hammurabi?

The most important/earliest records we have of written law recorded by

King Hammurabi of Babylon in 1750 BCE.

300 laws were carved in columns of stone.

CODIFICATION: Arranging written laws in a manner that is easily

understood by citizens (Canadian laws today are codified)

An eye for an eye, tooth for a tooth philosophy retribution.

Judges could now match offense and punishment by subjective

judgement. CATE GO R I ES

Grade 9
Business
English
French
Geography
Math
What was Mosaic Law? Science
Tech
Moses gave laws to the Hebrew people. Grade 10
Art

Mosaic law was written in 5 books of the old testament (includes the Business
Careers
ten commandments)
Civics
Computer Engineering
Lying under oath was forbidden, and people were required to pay Computer Science
damages either for negligent or criminal acts. English
Food and Nutrition
Also followed retribution: For every crime there should be a deserved French

punishment. Mosaic Law had much harsher punishments. EX. Hitting your History
Math
mother or father = death penalty.
Media Arts
Religions
Also introduced restitution: Paying back the victim for the harm done by Science
an offender. Grade 11
Accounting

http://onstudynotes.com/notes/clu3m-grade-11-law-heritage-unit/ Page 2 of 10
CLU3M Grade 11 Law Heritage Unit onstudynotes 2017-01-23, 6*25 PM

What was Roman law? Ancient History

Anthro
Anthropology
Began during the rule of the Roman Empire.
Art
Biology
Lawyers dedicated to study legal matters emerge. Chemistry
Computer Science
1000 years worth of Roman law was codified by Emperor Justinian Economics
creating the JUSTINIAN CODE. English
Entrepreneurship
French
After the French Revolution, Emperor Napolean Bonaporte conquered
Law
Europe and created a new set of civil laws which was based on Roman law Marketing
and the Justinian code. Math
Physics
These laws emphasized equity (all people are equal under the law, Psychology

regardless of wealth and power, which is the central theme in the Canadian Religions
Tech
constitution and charter of rights and freedoms.
Grade 12
Accounting
Basis of civil law in Quebec. Advanced Functions
Biology
What are the branches of law? Business
Business Leadership

Natural law, moral law, positive law. Calculus

Chemistry
Computer Science
Positive law is then branched out to common law and civil law.
Data
Economics
Common law and civil law can be substantive or procedural. Domestic Family Studies
or international. International Business
Law
Physics
Private (civil) law is branched out to contract, property, tort, family, and
Politics
corporate law.
Spanish
World Issues
Public law is branched out to constitutional, criminal and administrative Subject
law.

What are the two basic types of law?

Substantive: Consists of all laws that list rights and obligations of each
person in society. Divided into private and public law.

Procedural: Outlines the steps involved in protecting the rights under a

substantive law.

What is public law?

Controls the relationships between government and the people.

(Criminal, constitutional, and administrative).

http://onstudynotes.com/notes/clu3m-grade-11-law-heritage-unit/ Page 3 of 10
CLU3M Grade 11 Law Heritage Unit onstudynotes 2017-01-23, 6*25 PM

What is private (civil) law?

Outlines the legal relationship between private citizens and

corporations.

Restitution

The person who starts the case is the plantiff, and the other one is the
defendant.

EX. Family, contract, tort, property and labour law.

Who has the level of proof in a court case?

In criminal law, the crown attorney (prosecution) must prove the

charges against the accused beyond a reasonable doubt.

Who has the level of proof in a civil case?

The plantiff has to prove that the defendant is at fault and caused
damage.

What is Canadian law based on?

The laws of France and England (the countries that colonized Canada)

FRANCE: law was codified and written down.

ENGLAND: was not codified or written down until late Englands history.

What is Feudalism?

The Kin g (William) of England introduced the Feudal system. The king
owned al the land and divided it for nobles and lords.

The lords were allowed to have servants and if the servant committed
a crime on the lords land the lord had a right to punish him/her. But the
punishment was usually unfair.

In order to keep justice, the King assigned judges to go around England

and hold trials and decide on punishments. This way similar situation would be
handled the same way (CASE LAW AKA. COMMON LAW).

Common law was an improvement over the feudal system because

everyone was served the same punishment, and if they did not like it they
could appeal to the monarch.

http://onstudynotes.com/notes/clu3m-grade-11-law-heritage-unit/ Page 4 of 10
CLU3M Grade 11 Law Heritage Unit onstudynotes 2017-01-23, 6*25 PM

What is a precedent?

Ensures that similar facts result in similar decisions.

Earlier cases are considered examples that should be followed. They

influences and guide judges when they reach a verdict and pass a sentence.

The rule of precedent introduces some certainty into the law: everyone
can use past cases and arguments and expect a similar result (if reasonable)

Having the same judgements and legal system throughout the country.

Recorded written decisions of judges.

Cases are recorded on paper or electronic form.

Each case is given a citation.

What was the Magna Carta?

King John of England that he was better than the law and often abused
his power, so English nobility forced him to sign the Manga Carta, the Great
Charter in 1215 that recognized the rule of law.

Magna Carta guaranteed the rights of all citizens and Habeas Corpus.

RULE OF LAW: The fundamental principle that law applies equally to

all persons.

HABEAS CORPUS: A document that requires a person to be brought

to court to determine if he/she is being legally detained. (Everyone has the right
to a free trial, if imprisoned).

Why was the parliament formed?

Formed in 1265 by the nobles in order to make sure the monarch has
less power. Revolted against King Henry III.

Parliament made the laws of the country.

What is statue law?

A law or act passed by a government body, such as Parliament or a

http://onstudynotes.com/notes/clu3m-grade-11-law-heritage-unit/ Page 5 of 10
CLU3M Grade 11 Law Heritage Unit onstudynotes 2017-01-23, 6*25 PM

provincial legislature.

Many common law decisions made by the courts were codified by the
parliament and made statue law.

What are Canadas systems of Government?

Constitutional Monarchy: A government ruled by a king or queen

whose power is limited by law. In Canada the Governor General is the Queens
representative, but the Queen does not actually have a role except for a
traditional figure.

Representative Democracy: A government is elected and controlled

by a majority of the citizens. These citizens choose their representatives from
different political parties at an election and whoever is elected represents the
needs of its citizens.

Federal System: Involves a central government and several provincial

governments.

Federal Government: Responsible for matters dealing with the entire

country.
Provincial Government: Responsible for looking after the problems and
issues which affect the entire province.
Municipal Government: Responsible for matters that affect a city or
municipality. These powers are given to municipalities by provinces to
deal with local matters.

What is the structure of Canadas government?

Divided into three branches in each level of government: legislature,

executive, judiciary.

Legislature: This branch creates laws, and is divided into two houses.
The House of Commons where representatives from 308 different areas of
Canada sit to discuss and create laws (Members of parliament). And the
Senate are appointed members that review laws that are passed by the House.

Executive: This branch thinks of laws. It consists of the Queen, the

governor general, the prime minister, and the cabinet.

Judiciary: This branch enforces laws. It is made up of the courts and

its purpose is to oversee the other branches o f government, to put a limit on
power.

What is a constitution?

http://onstudynotes.com/notes/clu3m-grade-11-law-heritage-unit/ Page 6 of 10
CLU3M Grade 11 Law Heritage Unit onstudynotes 2017-01-23, 6*25 PM

A fundamental set of principles set by the government which is the

basis of other laws.

It is the supreme instrument of legal authority that should reflect the

shared economic, social, and political values of a nations citizens. Its purpose
is to establish a blueprint of how a country should be run.

What are the types of constitutions?

Written Constitution: A comprehensive statement of the basic

principles of government and the rights of people. A single document that is
supreme over all laws, and provides a valuable symbol that reinforces the
communitys held values of society.

Unwritten Constitution: Unwritten laws of discretion. Traditional

values that have constitutional status, but are not formally written down such
as conventions.

Hybrid Constitutions: A constitution that includes written and

unwritten elements. *CANADA DOES THIS.

What was the British North America Act?

On July 1, 1867 British parliament passed our first constitution, creating

the domain of Canada with four provinces: Ontario, Quebec, New Brunswick,
and Nova Scotia.

Canada was still not fully independent because we could not control
our foreign affairs and our highest court was still the Judicial Committee of the
Privacy Council in Britain.

Why was the Statue of Westminster important?

In 1931 Britain allowed Canada to control foreign affairs and the

Supreme Court of Canada became the highest court.

But Canada still had to ask Britain for any changes they wanted to
make in the country still bound by the BNA.

What was the Constitution Act?

This act lists federal, provincial, and territorial government powers.

Outlines which government controls what. Provincial government also made
municipal governments which control communities (bylaws)

The Constitution was transferred to Canada from Britain on April 17,

1982 (BNA act was renamed Constitution Act) and Canada became an

http://onstudynotes.com/notes/clu3m-grade-11-law-heritage-unit/ Page 7 of 10
CLU3M Grade 11 Law Heritage Unit onstudynotes 2017-01-23, 6*25 PM

independent country. This process is called patriatation.

Canadian Charter of Rights and Freedoms and amending formula are

key elements of the constitution.

AMENDING FORMULA: In order to change a constitutional law, the

federal government and at least two-thirds of the provinces with 50 percent of
the population must agree.

How is power divided between governments?

Separated into two sections: Section 91 is Federal which deals with

peace, order, and government, criminal law, aboriginal lands etc. And section
92 is provincial which deals with property and civil rights, hospitals, the police
force, etc.

What does intra vires mean?

Within the jurisdiction of

What does ultra vires mean?

Outside the jurisdiction

What is a preferred legislation (law) referred to as?

A bill. Once it is passed though, it is an act or statue of law.

In what order is a bill passed?

FIRST READING (House of Commons):

1. Bill introduced by CABINET MINSTER or PRIVATE MEMBER. State the

bills general purpose.
2. First vote taken

SECOND READING (House of Commons):

1. Bill introduced again and debated in general

2. Second vote taken

COMMITTEE STAGE

1. Bill usually sent to a select committee, standing committee, or committee

of the whole house.
2. Bill studied in detail, and changes (amendments) often made; each
section may be voted on separately.

THIRD READING (House of Commons)

http://onstudynotes.com/notes/clu3m-grade-11-law-heritage-unit/ Page 8 of 10
CLU3M Grade 11 Law Heritage Unit onstudynotes 2017-01-23, 6*25 PM

1. Bill briefly debated, and changes discussed.

2. Third vote taken.

SENATE

1. Bill goes through three readings and committees, as in the House of

Commons.

GOVERNOR GENERAL

1. Signs bill to become a law (royal assent)

Whats the difference between provincial and federal legislation?

There is no senate and the lieutenant governor signs it rather than the
governor general.

R EL AT ED NOT E S :

SPH3U Grade 11 Physics Forces Test

SPH3U Grade 11 Physics Forces Test
MDM4U Grade 12 Data Management One Variable Statistics Test
SPH3U Grade 11 Physics Energy and Heat Test
BAT4M University/College Grade 12 Accounting Chapter 9 Study

SH A RE T H IS:

Email Print Twitter Tumblr Google

Like Be the first of your friends to like this.

0 Comments Sort by Oldest

Add a comment...

Facebook Comments Plugin

P LACE S REC EN T NO T E S SO C IA L

Average Calculator FSF1D Grade 9 Academic French

Contact Us Exam Revision Notes
onstudynotes
Submit CHC2D Grade 10 Academic History Like Page

About Us WW1 Major Battles

Privacy Policy CHC2D Grade 10 Academic History
WW2 Key Terms
CHC2D Grade 10 Academic History
WW1 Key Terms 2017 onstudynotes.com
All rights reserved.

http://onstudynotes.com/notes/clu3m-grade-11-law-heritage-unit/ Page 9 of 10
CLU3M Grade 11 Law Heritage Unit onstudynotes 2017-01-23, 6*25 PM

http://onstudynotes.com/notes/clu3m-grade-11-law-heritage-unit/ Page 10 of 10