Chapter One: About Laws
1. What is law?
Laws reflect the values and beliefs of a society, as society’s values change, so do it laws, are a set of rules established and enforced by the government. Laws are mandatory. Laws involve a detailed system of consequences. 2. Distinguish between laws and rules.
When you break a rule you can suffer consequences for doing so, they are not as serious as the consequences you will experience if you break the law. Laws strike a balance between individual freedom and the needs of society. 3. Summarize the five function of law.
1) Establish rules of conduct: Laws try to outline guidelines for individuals living with other in society to reduce conflicts between them. 2) Provide a system of enforcement: For laws to have any meaning they must be enforced. Police and the courts oversee the operation of laws. 3) Protect rights and freedom: In our free and democratic society, laws protect our rights and freedoms. Laws help encourage the values of tolerance and respect. In Canada we have basic freedom such as freedom of expression or of peaceful assembly. 4) Protect society: Criminal laws are designed to protect people from harm. Our society defines what we consider wrong and sets out punishment s for those who break the law. Civil laws also protect individuals from being harmed or taken advantage of. 5) Resolve Disputes: An important function of law is to settle conflicts disputes can be settled through negotiation or through the court system. Laws help to create order and ensure that disagreements are solved fairly.
4. What factors might cause laws to change?
Lobby groups try to raise public awareness about changing laws to reflect their opinions and needs. Although most people willingly accept laws about highways speed limits or restrictions on certain drugs, some people do not. If Canadians do not agree with one of the country’s laws, they can join pressure groups and lobby the government to change the law. 5. Justify the importance of law enforcement in society. Society needs laws to limit the behaviour of its citizens. To enforce those laws, society has created punishments for breaking criminal law.
6. Explain the difference between substantive and procedural law. Substantive law consists of rules that outline your obligations in society. Substantive laws in the criminal code outline the activities or actions that are considered crimes in our society. Procedural law outlines the steps involved in protecting our rights. 7. Explain the difference between public and private law. Public Law controls the relationship between the government and the people. It represents laws that apply to all individuals, deals with criminal law, constitutional law and administrative law. Private law (also known as civil law) outlines the rights and responsibilities of private individuals and organizations, deals with tort law, family law, contract law, property law and labour and employment law. 8. Identify the type of law that regulates government boards and agencies. Administrative law outlines the relationships between citizens and government boards and agencies. It is a set of rules for procedural fairness when taking a complaint to a government board or agency. In other words, it is a way to make sure that legal hearing and reviews are fair for all parties. 9. What type of law protects your rights and freedoms in Canadian society? Constitutional law outlines the structure and powers of the federal and provincial governments. The constitution is the freedoms are part of constitutional law. 10. What areas of law are considered part of private (civil) law? Tort law, family law, contract law, property law, labour and employment law 11. Explain the significance of the Code of Hammurabi and Mosaic Law. The Code of Hammurabi, for example was organized under heading such as family, criminal, labour, property, and so on. Babylonian judges...
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