Test 1 Review

Terms to Define Code of Hammurabi – earliest known set of laws, used retribution to punish, Male dominated. Retribution – “Eye for an Eye” system of punishment under Hammurabi code, if you steal you have to endure physical torture. Restitution – Giving compensation back to the victim for the things they lost due to crime. Concept under Mosaic law.

Terms to Define Justinian Code – emperor Justinian wrote down all the laws in the Roman Empire. Dealt with some aspects of civil law. Magna Carta – First laws to recognize human rights of equality, created the concept of rule of law. Everyone has the right to a trial

Terms to define Trial by ordeal – used in cases where a decision could not be reached and the penalty was death. Trial by combat, trial by oath, trial by iron. Under British Law.

Definitions Laws – passed by the government, apply to everyone equally at all times in society, enforced by the police and the courts. Rule of Law – laws must be judged necessary, No one person should have control over legal decisions, Law is applied equally to everyone.

Charter of Rights and Freedoms Canada’s Human Rights laws Applied to governments only Laws must follow the charter Right to life, Liberty, security of person

Provincial Human Rights Codes These deal with discrimination in the private sector (businesses). Businesses must treat everyone equally especially when hiring Must make accommodations for disabled people and workers.

Prejudice – Making a judgment about someone without knowing them. Can be based on Origin, Gender, Ethnicity, Physical Characteristics etc.

Short Answer Rule of Precedent works by applying a previous decision to a case that has similar circumstances. This ensures predictability so people can know what sentences to expect, Universality so that everyone is treated equal, and impartiality meaning no one gets special attention. Judge has to follow previous sentences, no room for favouritism.

Advances and weakness of Napoleonic Code 1. It was advanced because it believed in separation of church and state. The church should have no say in government. 2.There was freedom of religion meaning you could practice any religion. 3. It was discriminating because women had few rights. 4.Wife could be put to death for adultery 5.Inheritance went to males

Short Answer Question Violates their Human Right to Security of Person. Prostitutes believe the current laws against Bawdy houses force them on the street. The cannot go to police for protection. Bawdy houses would make it safer by allowing them to screen clients, hire security.

Short Answer Right to life is controversial because of abortion. Have to weight the rights of the Mother vs the rights of the fetus. In Canada the Law states the fetus is not a person therefore mother’s right is superior. Especially in cases of the mother not being healthy enough to go through child birth.

Right to Life Controversies Euthanasia Right to quality life and to be free of pain Sue Rodriques case Robert Latimer case Medicinal Marijuana

Do all have Equal Rights Minors do not have equal rights in things such as voting, driving, drinking age, etc Convicted criminals may have rights limited. Freedom, parole conditions, voting restrictions etc.

When are Rights Limited Rights are limited when actions interfere with other’s rights. Ex Incited hatred, hate crimes, disturbing the peace. Limited to promote safety of others. EX. Freedom taken away if one is convicted of a crime and is a danger to society. Airport security searching without a warrant.

Rights Under Arrest Right to remain silent Right to a Lawyer that is free of charge Innocent until proven guilty Right to be informed of charge

Systems of Law Babylonian Law/ Hammurabi code one of the earliest set of recorded laws written by king Hammurabi, concept of retribution, “Eye for an Eye”

Mosaic Law Based on 10 commandments more concerned with deliberate actions and forgiving of mistakes concept of restitution

Greek Law First form of democracy citizen involvement in juries excluded women, aliens and slaves.

Roman Law - First paid legal advisors, Justinian code wrote down all laws for the entire empire to follow, justice could not be left in the hands of judges alone.

British Law Based on common law, Trial by Ordeal, created rule of precedent.