Law 12 Unit 1 Review: Chapters 1-3 1.1 Students will be expected to explain what law is and why laws are needed. 1.2 Students will be expected to investigate the historical roots of Canadian law 1.3 Students will be expected to demonstrate an understanding of the law-making processes in Canada.

Key Terms: Chapter 1 Chapter 2 Chapter 3 Amending Formula Bill Adversarial system Case Law Code of Hammurabi Code of Li k’vei Codified Common Law Divine Right Great Laws of Manu Habeas Corpus Justinian’s Code Magna Carta Mosaic Law Napoleonic Code Quebec Civil Code Restitution Retribution Rule of Law Rule of Precedent Stare Decisis Ten Commandments The Great Binding Law Trial by Combat Trial by Oath Helping Trial by Ordeal Administrative Law Bylaws Civil Law Constitutional Law Contract Law Criminal Law Distinguishing a Case Domestic Law Employment Law English Common Law Estate Law Family Law International Law Jurisdiction Private Law Procedural Law Property Law Public Law Statute Law Substantive law Tort Law Amending Formula Bill Canadian Charter of Rights and Freedoms Civil Liberties Executive Branch Federal System Government (public) Bill Intra Vires Judiciary Legislative Branch Lobby Groups Patriate Principle of Equalization Private Members Bill Residual Powers Shared Cost Agreements Statute of Westminster Ultra Vires Unitary System

Chapter 1

Rules vs. Laws

The Rule of Law Reduce chaos Clear expectations All citizens Law is necessary to regulate society. Law applies equally to everyone. People are not governed by arbitrary power. Reduce chaos Clear expectations All citizens No exceptions Using power or privilege to further individual interests in the name of the law

Law as a Social Construct How does law construct society? How does society construct law?

Law vs. Justice What is justice? Is the law always just? Do you perceive the Canadian justice system as fair? Why or why not? Should there ever be exception to the law? Explain.

4 Principles of Justice Treat like cases alike and different cases differently. How does this relate to: Life? School? Family? Law is unjust if it discriminates on the basis of irrelevant characteristics. Race, ethnicity, gender, ability, etc. Is age relevant or irrelevant? Justice should be impartial. Celebrity? Power? Law should conform to societies values and beliefs. What role does politics play?

Contributions to our Legal System What has Canadian law taken from each of the following historical systems? Code of Hammurabi Magna Carta Mosaic Law Feudal System Greek Law Adversarial System Roman Law Devine Right of Kings Justinian’s Code Napoleonic Code

Aboriginal Principles of Justice Existing governing structures pre-contact. The Iroquois Confederacy Mohawk, Onondaga, Seneca, Oneida, Cayuga, Tuscarora Quebec to Illinois The Great Binding Law: rights, duties, responsibilities of the people Included adoption, emigration, treason, secession.

Ethics