Chapters 2 and 3 Law Test Review Sheet

Primary Sources of Canadian Law

Sources that directly influence Canadian law, including religion, morality, history, and legal traditions.

Judeo-Christian heritage

The foundational influence on Canadian laws primarily derived from the Old Testament and the Jewish Torah.

Limited Democracy (Greek Influence)

A system where only native-born men over 18 can participate, excluding women, foreigners, and slaves.

Law of the Twelve Tables

Romans' codification of laws covering aspects of daily life, such as marriage and property.

Code of Justinian

A compilation of Roman laws by Emperor Justinian, forming a legal standard across the Roman Empire.

Iroquois Great Binding Law

Indigenous legal principles that influenced both the U.S. Constitution and the Charter of the United Nations.

Indian Act

Legislation that gives Indigenous peoples the authority to create municipal bylaws on their reserves.

Trial by jury

A right ensuring a trial is decided by fellow citizens, part of British influence on Canadian law.

Presumption of Innocence

The legal principle that one is considered innocent until proven guilty.

Magna Carta

A historic document that recognized the rule of law and the rights of the accused in England.

Napoleonic Code

The French legal code that became the foundation of Quebec's Civil Code.

Custom

A long-established practice that has acquired legal force over time.

Convention

An accepted practice that has become an unwritten rule.

Canadian Human Rights Act

A law influenced by social movements, addressing human rights violations in Canada.

Secondary Sources of Law

Laws and reported cases that are written down by lawmakers to reflect societal values.

Hierarchy of Secondary Sources

A structured system with the Constitution at the top and case law at the bottom.

Statute Law

Laws passed by federal or provincial governments.

Case Law

Written judicial decisions that form the basis of legal precedents.

Stare Decisis

The principle that requires courts to follow precedents established by higher courts.

Substantive Law

Identifies the rights and duties of individuals and governments.

Procedural Law

Outlines the methods for enforcing substantive laws.

Feminist Jurisprudence

The study of how law has been used as an instrument of oppression against women.

Explicitly Discriminatory Laws

Laws that treat women unfairly, such as those deeming women 'not persons' until 1929.

Systemic Bias

The inherent bias within legal institutions against women in positions of power.

Natural Law (Socrates)

The belief that law should guide people toward a moral life.

Utilitarianism (Bentham)

The theory that laws should aim to provide the greatest happiness for the greatest number.

Positive Law (Austin)

The concept that law must be followed as it is distinct from morality.

Class Rule (Marx)

The idea that law is an instrument used by the ruling class to maintain its power.

Legal Research

The process by which lawyers and judges study case law and legal principles.

Judicial Independence

The principle that judges make decisions based on legal interpretation rather than government influence.

Parliamentary Supremacy

The principle that Parliament has ultimate authority to create laws in Canada.

Amendments to the Constitution

Changes to the Constitution that reflect evolving societal values and political agreements.

Civil Law (French Influence)

Legal system centered around codified laws rather than precedents, prominent in Quebec.

Family Law

Regulates relationships and disputes within families.

Contract Law

Governs agreements to buy or provide goods and services.

Tort Law

Covers civil wrongs and damages that don't arise from contractual obligations.

Estate Law

Regulates wills, probate, and post-death property distribution.

Property Law

Covers legal issues related to buying, selling, and renting real estate.

Legal Philosophers

Thinkers who have shaped our understanding of law, ethics, and justice throughout history.

Socrates

Ancient Greek philosopher known for promoting moral inquiry and natural law.

Plato

Student of Socrates who emphasized the connection between law and morality.

Aristotle

Philosopher who believed law is essential for regulating societal behavior and maintaining order.

St. Thomas Aquinas

Philosopher who integrated Christian theology with Aristotelian philosophy, advocating for natural law.

Thomas Hobbes

Philosopher who argued for absolute sovereign power to prevent chaos in society.

John Locke

Philosopher who emphasized natural rights and the social contract as foundations for government.

Jeremy Bentham

Philosopher known for developing utilitarianism as a measure of legal effectiveness.

Karl Marx

Philosopher who argued that law serves as a tool of oppression for the ruling class.

Historical Influences on Law

Key historical events and ideologies that shaped the development of Canadian law.

Customary Law

Laws developed through the customs and practices of communities.

Constitutional Law

Branch of law governing the structure and functions of government.

Administrative Law

Law governing the activities of administrative agencies of government.

Criminal Law

Body of law that relates to crime and the punishment of those who commit it.

Public Law

Law governing the relationships between individuals and the government.

Private Law

Law governing disputes between private individuals or organizations.

Balance of Probabilities

The standard of proof in civil cases, indicating that something is more likely true than not.

Holocaust Response

Public reaction to historical events that led to the formulation of human rights laws.

Self-Government Rights

Autonomy granted to Indigenous groups to govern and make decisions in their territories.

Legal Codes

Systematic collections of laws designed to cover specific areas of law.

Empirical Legal Studies

Research methodology examining laws based on observed data and practical impact.

Criminal Justice System

The system of law enforcement, courts, and corrections that addresses criminal behavior.

Engagement in Politics (Greek Influence)

Expectation for citizens to actively participate in their governance and legal system.

Community Bylaws

Regulations enacted by local governments or communities for governance.

Legal Interpretation

The process by which judges clarify the meanings of laws when resolving cases.

Discrimination in Law

Unfair treatment of individuals based on characteristics such as gender or race.

Judicial Precedent

The practice of using previous court decisions as a reference for deciding new cases.

Legal System Complexities

The intricate structures and processes involved in the administration of law.

Evolution of Law

The transformation of laws to adapt to changing societal values and norms.

Legal Rights

Entitlements granted to individuals through statutes or judicial rulings.

Human Rights Framework

An overarching structure of laws and principles designed to protect individual rights.

Justice as a Principle

The philosophical concept of fairness and moral righteousness in law.

Ethics in Law

Moral principles guiding the legal profession and the creation of laws.

Code of Conduct for Lawyers

Set of ethical guidelines that all practicing lawyers are expected to follow.

Legal Advocacy

The act of arguing in favor of a legal position or representing an individual's rights.

Socio-Legal Studies

Interdisciplinary research at the intersection of law and social sciences.

Legal Reform

The process of changing and improving legal systems and legislation.

The primary sources of Canadian law include _________, morality, history, and legal traditions.

religion

The Judeo-Christian heritage primarily influences Canadian laws derived from the _________.

Old Testament

Limited democracy, influenced by Greek ideas, allows only _________ men over 18 to participate.

native-born

The Law of the Twelve Tables is the Romans' codification of laws covering aspects of _________ life.

daily

The Code of Justinian formed a legal standard across the _________ Empire.

Roman

The Iroquois Great Binding Law influenced both the U.S. Constitution and the Charter of the _________ Nations.

United

The Indian Act allows Indigenous peoples to create _________ bylaws on their reserves.

municipal

Trial by jury is a right ensuring a trial is decided by fellow _________.

citizens

The presumption of innocence is the legal principle that one is considered _________ until proven guilty.

innocent

The Magna Carta recognized the _________ of law and the rights of the accused in England.

rule

The Napoleonic Code became the foundation of _________ Civil Code.

Quebec's

Custom is a long-established practice that has acquired legal _________ over time.

force

A convention is an accepted practice that has become an unwritten _________.

rule

The Canadian Human Rights Act addresses _________ violations in Canada.

human rights

Secondary sources of law are written down by lawmakers to reflect societal _________.

values

The hierarchy of secondary sources has the Constitution at the _________.

top

Statute law refers to laws passed by federal or provincial _________.

governments

Case law refers to written judicial decisions that form the basis of legal _________.

precedents

Stare decisis requires courts to follow precedents established by _________ courts.

higher

Substantive law identifies the rights and duties of _________ and governments.

individuals

Procedural law outlines the methods for enforcing _________ laws.

substantive

Feminist jurisprudence studies how law has been used as an instrument of _________ against women.

oppression

Explicitly discriminatory laws treated women unfairly, exemplified by the idea that women were 'not _________' until 1929.

persons

Systemic bias in legal institutions represents inherent bias against _________ in power.

women

Natural law, promoted by Socrates, suggests that law should guide people toward a _________ life.

moral