1. 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.

2. 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

3. Chapter 1

4. Rules vs. Laws

5. 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

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

7. 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.

8. 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?

9. 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

10. 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.

11. Ethics

12. Chapter 2

13. English Common Law United Kingdom (English or British) Common to All
AKA Case Law
AKA Judge made laws
Stare Decisis (stand by previous decision – different case, same situation)
What if precedent set is outdated?
Who started it, why it was started, how did it impact our laws today?

14. The Law

15. Types of Law Domestic International Substantive & Procedural Law
Within the country
Authority granted through the constitution
Applies to everyone while in the country, but does not necessarily outside.
(child sex tourism law vs. vandalism).
Governs relations between independent nations.
Relies on Diplomacy
NATO
NAFTA
United Nations (1945)
192 countries...Pakistan?
Help nations resolve disputes peacefully.
Avoid war.
Protect human rights.
Codifies and develops international laws.
Issue: no formal means of enforcement (global police)

16. Types of Law Substantive Procedural Rights Duties Obligations
Citizens & Government
Outlines the methods of enforcing the rights and obligations of substantive law.

17. Types of Law Public Private
Regulates the relationship between government and society.
Constitutional
Administrative
Criminal
Governs the relationships between individuals, organizations, or the individual and organization.
Tort
Contract
Family
Wills & Estates
Property
Employment

18. Jurisdiction
The authority to pass or enforce laws under the control of that level of government OR the judicial authority to decide a case.
FEDERAL
PROVINCIAL
MUNICIPAL (BYLAWS)
CRIMINAL LAW PENITENTIARIES EI BANKING AND CURRENCY MARRIAGE & DIVORCE POSTAL SERVICES
HOSPITALS
POLICE
PROPERTY
HIGHWAYS & ROADS
PROVINCIAL JAILS
PUBLIC TRANSPORTATION
GARBAGE REMOVAL
PARKING

19. The Constitution July 1, 1867 BNA Act (1st)
Sets out the responsibilities of each level of government
Limits powers of government (no one above the law)
Overrides all other laws

20. Powers of Government Intra Vires Ultra Vires Within the power
Beyond the powers

21. Statute of Westminster
1931
Canada to makes its’ own laws (independent of Britain)
Canada gained control of its own foreign affairs
Could NOT amend its’ own Constitution

22. Constitution Act
1982
Equalization (payments to provinces to ensure equal access to services such as health care).
Control over natural resources to Provinces, however subject to federal regulations.
Amending formula for future changes.
Charter of Rights and Freedoms.
Rights of Aboriginals.

23. Parliamentary System

24. House of Commons / Lower House

25. House of Senate/ Upper House

26. Bill becomes Law

27. Lobby Groups
Attempt to influence legislators to create laws that further their interests.
MADD
Coalition for Gun Control
Legal Education Action Fund

28. Royal Commissions
Appointed by the federal Cabinet to investigate specific national problems:
ENERGY
GOVERNMENT ORGANIZATION
NON-MEDICAL USE OF DRUGS
PATENTS, COPYRIGHT AND INDUSTRIAL DESIGNS
PUBLICATIONS
STATUS OF WOMEN IN CANADA
TAXATION
TRANSPORTATION
WAR CRIMES
NEW REPRODUCTIVE TECHNOLOGIES
ABORIGINAL PEOPLES,
BANKING AND FINANCE
BILINGUALISM AND BICULTURALISM
BROADCASTING
CANADA'S ECONOMIC PROSPECTS
CONSTITUTIONAL PROBLEMS
DOMINION-PROVINCIAL RELATIONS