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Today’s Plan… 6 Sept 2013

Today’s Plan… 6 Sept 2013. Review last day’s worksheet Historical Roots of Law Begin Influences on Canadian Law Insight into our system today Worksheet (homework) Definitions: Unit Test next week (Weds?) TGIF, so lets “work together”. 1.3 – Influences on Canadian law.

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Today’s Plan… 6 Sept 2013

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  1. Today’s Plan… 6 Sept 2013 • Review last day’s worksheet • Historical Roots of Law • Begin Influences on Canadian Law • Insight into our system today • Worksheet (homework) • Definitions: Unit Test next week (Weds?) • TGIF, so lets “work together”

  2. 1.3 – Influences on Canadian law

  3. Early British Law • during Roman rule (43 CE)  imposed Roman Law • after Roman rule (410 CE)  Britons turned to God to identify guilt or innocence • trial by ordeal: torture • trial by oath helping: friends swear on bible • trial by combat: fight a duel, God on side of winner • adversarial system: evidence presented • Intellectual combat rather than Physical • divine right = concept that monarchs had divine right/power to rule – accountable to God only

  4. Common Law: • as legal disputes increased – King Henry II authorized travelling courts • assizes = travelling courts • circuit judges – travelling judges for assizes • case law = cases decided on recorded decisions from previous cases • common law = English law system – based on case law – common to all people • stare decisis = Latin for ‘to stand by the decision’ • Involved judgement made in previous similar trials • rule of precedent = applying earlier decision to current case with similar circumstances (evolution of stare decisis)

  5. Legal Reforms • English system of assizes became too complex and difficult to control • angry barons pressured to enactment of Magna Carta • …was a charter of political and civil rights • key aspects of Magna Carta: • based on Rule of Law – finally monarchs didn’t have all the power • habeas corpus = court order designed to ensure that anyone detained is charged before a court within a reasonable amount of time

  6. Aboriginal Law: North America • When British & European settlers came to North America they encountered an already established form of law • aboriginal law mostly oral – not recorded • Acknowledged ‘creator’, strong sense of family • Great Binding Law = the constitution of the Iroquois Confederacy (six Aboriginal nations) • first significant recording of Aboriginal law • outlined rights, duties, and responsibilities of the people • Aboriginal law continues to influence modern Canadian law

  7. Your time to work… • Influences on Canadian Law Worksheet • This is homework • Definitions • Written out so I can see them • Any ‘other’ work that you don’t want to have for homework this weekend… • Must show me completed worksheet and definitions

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