Canadian Law2204 The influence of British Law. The Great Charter  Although Canadian law reflects aspects of earlier kinds of law, it is British law that.

Slides:



Advertisements
Similar presentations
History of Law in Society
Advertisements

Unit A: Basics of the Law Objective 01.01
Article III: The Judicial Branch
Influence of the English Government
The British Origins of American Constitutionalism
Our English Heritage.
Chapter 1. 1.From the point that you woke up this morning, list as many laws as you can think of up until this point that you either directly or indirectly.
HISTORICAL ROOTS OF LAW Chapter 1, p The Code of Hammurabi Hammurabi was the king of Babylon ( BC) (now Iraq) One of the earliest-known.
History of Law.  Enforceable rules of conduct in society  Reflect the culture and circumstances of the times  Created in this country by elected officials.
Lesson 4: British Origins of American Constitutionalism This lesson describes the evolution of British constitutional government. It examines the early.
COMMON LAW Development of Canadian Law- Early History of Law Part 2.
Law and Society.
The Judiciary Chapter 14. Learning Objectives Analyze the implications of the adversarial process Explain the structure of the federal court system Compare.
The Five Main Sources of U.S. Law
Introduction to Canadian Law Chapter 1
Early History of Codified Law
 Influenced by English government, settlers brought history of limited government English Traditions  1215 Magna Charta- placed limits on kings power,
HISTORICAL ROOTS OF LAW Code of Hammurabi Earliest known recorded laws Patriarchal (male dominated) Draconian in nature (severe punishment for crimes)
The Judicial Branch “You are guilty” OR “You are not guilty”
History of Law.
Historical Roots of Law. The earliest laws… Existed in the form of “rules” from the time people began to interact Based on common sense or practicality.
King John of England ( ) considered himself to be above the law and abused his power. Eventually the “Upper Classes” forced the King to sign the.
DO NOW! Where, historically speaking, do our rights come from? What evidence can you cite?
BELLRINGER:. Chapter 8 / Section 2: How Federal Courts Are Organized.
The Judicial Branch 1.) Legislative Branch = makes the laws. 2.) Executive Branch = Implements and carries out the laws. 3.) Judicial Branch = Interprets.
The Judicial Branch. Jurisdiction Federal Courts –Article III, Section 1 vests judicial power in the Supreme Court and other inferior courts created by.
Survivor Island Scenario You and 7 others survive a plane crash and have the following items: You and 7 others survive a plane crash and have the following.
The Judicial Branch Chapter 10.
Historical Roots of Law Important Cases Vocab Sources of Law Influences on Canadian Law Cat of Law scenerios $ 200 $ 200$200 $ 200 $ 200 $400 $ 400$400.
Equal Justice Under the Law Chapter 7 section 1 Pages
The Origins of Law. Jesus was Born 0 TodayHammurabi 2009 CE 1400BCE 1750 BCE Greeks 350 BCE Canada becomes a country Moses 1867 CE “BCE” Before the Common.
Our Legal Heritage.
Unit A: Basics of the Law Understand the origins of law. 1.01b SOURCES OF AMERICAN LAW.
Other Laws in History Their influences.
Although Canadian Law reflects aspects of Mosaic, Greek, Roman, and French law, it is British law that has had the most influence in Canada.
Law: Its Purpose and History. Rules vs. Laws? Rule A norm for behaviour - rules of a game or an organization apply only to participants in the game or.
Introduction to Canadian Law What is Law?. Law is…  …a series of rules- rules that govern the relationships between individuals, rules that govern the.
Introduction to Canadian Law Chapter 1 What is Law?
Introduction to Canadian Law Chapter 1 What is Law?
+ Influences on Canadian Law. + British Law Has had the most impact on Canadian law Trial by Ordeal – when a Lord could not determine guilt or innocence.
Mr. Menla CLN4U. Laws are commonly found in numerous civilizations throughout the world They eventually were enforced through word of mouth, but because.
Objective 1.00 Understand the Origins of Law SOURCES OF AMERICAN LAW.
HISTORICAL INFLUENCES ON CANADIAN LAW
HISTORICAL ROOTS OF LAW Influences of Canadian Law.
King John and Magna Carta.  Political history of the West has largely consisted of attempts to put into action the religious principles that rulers must.
Origins of Canadian Law. Traditions The structure and traditions of Canada’s legal process are based heavily upon the British model. There have been some.
Introduction to Canadian Law Chapter 1 What is Law?
Influences on Canadian Law. Canadian Law is based upon the laws of France and England, the countries that colonized Canada French laws were codified (written.
British Influence on America
Section 1.2.
Primary and Secondary Sources of Canadian Law
Lesson 4: What Were the British Origins of American Constitutionalism?
English Political Traditions
The Judicial Branch 1.) Legislative Branch = makes the laws. 2.) Executive Branch = Implements and carries out the laws. 3.) Judicial Branch = Interprets.
What were the british origins of American constitutionalism?
Introduction to Canadian Law
Introduction to Canadian Law Chapter 1
THE JUDICIAL BRANCH.
Rise of Modern Nations England
Five Main Sources of Law
English Political Traditions
Law, Justice and Morality
HISTORICAL ROOTS OF LAW
Other important terms…
Chapter 15 Law in America.
Section 1.2.
The Development of Canadian Law
HISTORICAL INFLUENCES ON CANADIAN LAW
Development of Canadian Law- Early History of Law Part 2
Historical Roots of Canadian Law
Presentation transcript:

Canadian Law2204 The influence of British Law

The Great Charter  Although Canadian law reflects aspects of earlier kinds of law, it is British law that has had the most influence in Canada.  The Rule of Law, a fundamental principle in Canadian law, is from the Magna Carta, a charter of political and civil rights signed in England in 1215.

British Law cont…  The present-day adversarial system of justice, where evidence is presented by two opposing parties to an impartial judge, is based on trial by combat, a duel between two parties to determine who is innocent that was introduced in England in trial by combat  Our use of common law, is also a British tradition established during the reign of King Henry II ( ). Prior to Henry II’s reign, there were no written rules to guide judges who traveled to towns and villages in order to hold court and resolve local disputes.

British Law cont…  The courts were known as assizes and the judges were called circuit judges. These judges had to rely on their common sense to determine what was fair and just. They eventually agreed that similar cases should be decided in the same way.  This practice led to the principle known as stare decisis, a Latin phrase meaning “to stand by the decision.” The process of applying stare decisis developed into the rule of precedent used today.  The record of these decisions formed the basis of common law, or case law, because the information was “common to all.”

Habeous Corpus  You MUST have the body  Doesn’t mean a corpse  You must be given an opportunity in front of a judge to determine the validity of your arrest or detention  The government (IE. prosecution / crown attorney) must present some evidence that the arrest was lawful. In other words, it has substance… it was based on real evidence eg. Eye witness report  This must be done promptly. They can’t lock you up for a long time while they build a case against you.  You may be released altogether, released on bail or other conditions, or not released pending trial.

Aboriginal Law  Increasingly, Canada’s courts are recognizing the Aboriginal system of justice that emphasizes community involvement and rehabilitation as an alternative to prison. Aboriginal peoples have a long tradition of rules that have been passed from generation to generation in an oral tradition of storytelling and myths.