Law Exam

Multiple Choice Terms

Rule of Law

* _____ is the belief that it is better to be ruled by laws than to be ruled by leaders who act the way they like.
* This concept involves 3 important notions:


1. **People understand that the law is necessary,**
2. **Laws apply equally to all people, including the leaders with the most power,**
3. **An individual’s rights cannot be taken away except in accordance with the law.**

Arguably the most important concept in our legal system is the “**________**”

United Nations organs

* The General Assembly
* The Security Council
* The Economic and Social Council
* The Trusteeship Council
* The Secretariat

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* The International Court of Justice

Legal Realism

* __**__________**__ **- examines law in a realistic rather than theoretical fashion - belief that law is determined by what actually happens in the courts as judges interpret/apply law**
* Different judges have different backgrounds, perspectives, and training - by that logic, their decisions could be different even though it’s the same case

These decisions become case law - ***will*** have an impact on future court decisions

Natural Law

__________: the theory that all humans are derived from eternal and unchangeable principles that regulate the natural world, and that people can become aware of these laws through the use of reason - independent of human will

Critical Race Theory

* __End goal for _____ - “eliminate racial oppression as a broad goal of ending all forms of oppression”
* Laws should focus on equality, no oppression
* **Race is a socially constructed (culturally invented) category that is used to oppress and exploit people of colour**

Murdoch v. Murdoch case

(What was being fought for?)

* The couple owned a farm
* Divorced
* Woman fought for rights of the farm


* **Matrimonial property laws and women’s rights case**

Geneva Conventions

The _______________ and their Additional Protocols form the core of international humanitarian law, which **regulates the conduct of armed conflict** and seeks to limit its effects. They **protect people not taking part in hostilities** and those who are no longer doing so.

Conflict Resolution Methods

Non-judicial:

* Negotiation
* Mediation
* International Conciliation

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Judicial:

* Arbitration
* Adjudication

Limitations on use of force

* International conventions have prohibited use of chemical weapons, landmines, nuclear weapons, “weapons of mass destruction”
* Rules for war are outlined in the Geneva Conventions and various other conventions with international agreement

Customs

* _______ are long ways of doing things that have eventually become accepted as rules
* _______ become international law after countries repeatedly behave in a particular way because their leaders believe they are required to do so

Security Council

* It is for the ____________ to determine when and where a UN peace operation should be deployed.
* The ___________ responds to crises around the world on a case-by-case basis and it has a range of options at its disposal.

Citizen’s Rights

* Not to be unnecessarily detained or searched
* Can use reasonable force to stop an unwarranted search
* Have right to due counsel (lawyer) – can refuse to answer questions (except name, address, occupation, and date of birth)
* Disclosure: prior to the trial all of the evidence the Crown has must be shared with the accused

Ratification

* A state must officially consent to be bound by a particular treaty

Sovereignty

* The lawful control by a state over its territory, right to govern in that territory, and authority to apply law there to the exclusion of other states.

R v. Morgentaler

Landmark case which changed women’s abortion rights in Canada for the better. Found to violate a woman’s security of person.

ICJ

The ____ role is to settle, in accordance with international law, legal disputes submitted to it by States and to give advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. The Court decides disputes between countries, based on the voluntary participation of the States concerned. If a State agrees to participate in a proceeding, it is obligated to comply with the Court’s decision.

Treaties (definition; know difference between treaty, ratification, and custom)

* Refers to a formal agreement between two or more states that sets out their mutual legal rights and obligations
* Often made with regard:
* To peace
* Creation of alliances
* Commerce and trade

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* ______ can be bilateral: between 2 countries or multilateral: between 3 or more countries - some may even include most countries in the world

Treaties (list of synonyms)

* Convention
* Charters
* Covenants
* Protocols
* Pacts
* Acts
* Statutes
* Agreements

ICJ (Comparing with ICC)

* Civil cases
* Branch of the United Nations
* Countries
* UN Charter (funded by)
* Legal
* Advisory

ICC (Comparing with ICJ)

* Criminal cases
* Not a UN branch
* Individuals
* Rome Statute (funded by)
* Humanitarian
* Prosecute