REVIEW FOR UNIT 1
Mr. Thorburn
Introduction
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Purpose of law in society
Differences between rules and laws
Rule of Law: elements of Rule of Law,
Meaning of Due Process, Roncarelli vs.
Duplessis
Relationship between law and Morality
Components of Justice
Historical Roots of Law
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Hammurabi’s Code: When? What?
Importance? Concept of Retribution
Mosaic Law: Source. Importance
Greek Law: Influence on Democracy. Juries
Roman Law: 12 Tablets. Justinian’s Code.
Influences on Canadian law
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Development of Common Law: Before 1066
C.E. Trial by ordeal, Trial by Oath Helping,
Trial by Combat.
Feudalism and Divine Right
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Development of
Assizes and Circuit
Judges
Stare Decisis/Rule of
Precedent
Magna Carta and
habeas Corpus
Pros and Cons of the
use of Common Law
Sources of Canadian Law
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1.
2.
3.
Pyramid of Canadian Law: Constitution, Statute
Law--Jurisdiction, Common Law—Distinguishing a
case.
Categories of Law:
International vs. Domestic
Substantive vs. Procedural
Public (Constitutional, Criminal, Administrative) vs.
Private/Civil (Tort, Contract, Family, Property,
Employment, Wills and Estates).
Case Citations: identifying a case.
Constitutional Law
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Purpose of the Constitution
Federalism: Division of Powers
Statute of Westminster (1931)
Jurisdictional Disputes (Ultra Vires and Intra
Vires)
Constitutional Law
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Know the vocabulary and do the reviews
at the end of each of the first three
chapters.
How is a rule different than a law?
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Rules are not enforced by courts
You cannot opt out of a law, as you can a
rule
You can change rules without legislative
authority
Rules are not laws, but all laws are rules
What is the rule of law?
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1.
2.
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Rule of justice stating that:
The people must recognize that the law
is necessary to regulate society
The law applies equally to all
People are not governed by arbitrary
authority
What are the Great Laws of Manu
and the Code of Li K’vei
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The Great Laws of Manu were laws of
India compiled between 1280 and 880
BCE, previously transferred through oral
tradition
The Code of Li K’vei were laws of China
written around 350 BCE
Early law codes dealt with property rights,
slavery and treatment of women and
children
Code of Hammurabi
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Discovered in Iran by French
archaeologists in 1901, it is one of the
earliest known sets of recorded laws,
written by King Hammurabi of Babylon.
Covered every aspect of life in Babylonian
society
Many of Hammurabi’s laws were based on
retribution, and some were based on
restitution
What is Retribution?
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Justice based on vengeance and
punishment (eye for an eye, tooth for a
tooth)
Restitution
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Payment made by the offender to the
victim of a crime (this could be monetary
payment or payment in another form)
Mosaic Law
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The laws of Moses
found in the book
of exodus
trial by combat
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a battle between two people to determine
guilt
Magna Carta
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known as the Great
Charter, it became the
forerunner of many civil
rights documents
King John was forced (by
his noblemen) to sign the
Magna Carta in 1215
The king follows the law
too
habeas corpus
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“You must have the body” (Latin)
A component of the Magna Carta
historic right to a court appearance within
a reasonable amount of time
adversarial system
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a legal system based on two lawyers
arguing the case in court before an
impartial judge
This is the system used in Canada and
most of the rest of the world
Québec Civil Code
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The system of law
used in Québec for
resolving private
matters
Based on the
Napoleonic Code
Distinguishing a case
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Determining that the current case is
different enough from another case that it
warrants not using the other case as a
precedent
The Great Binding Law
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a peace agreement among six Aboriginal
tribes in what is now Canada and the
United States
Justinian's Code
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a Roman code of law written by an
emperor whose name is synonymous with
the concept of justice
Justinian collected, edited and published
Roman code to date
stare decisis
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the term that literally means "to stand by
the decision”
This means that a judge must to stand by
a decision made in similar cases and apply
that decision to the current case.
Greek Law
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Democracy (direct democracy)
Draconian Law:
Dracon set down laws in a code
In the draconian code, most punishments
were death.
Greek Law
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Solon made laws fairer.
All adult male citizens could participate in
law making assemblies
Roman Law
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Senate: law making assembly made up of
men from prominent families
Separation of Crime from Civil laws
Criminal law—laws against the state—
everyone becomes answerable to the law.
Business law such as contract law
Roman Law
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Contract law—You will be held responsible
to a contract
Tort law (for damages) usually for
negligence
Advocates (equivalent to lawyers) no fee.
Lawyers were rich men.
Barristers (lawyer)
Solicitors (legal consultant)
Trial by Ordeal
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Trial by torture, for example:
If you sink (drown, or are rescued before
death), you are innocent; if you float, you
are guilty and will be executed.
Ultra Vires
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Means “outside the jurisdiction” of a
certain government.
For example, the provincial government
cannot enact legislation regarding the
armed forces because that is “ultra vires”
the provincial government (it is the
jurisdiction of the federal government).