Law - Unit 1 Test

innocence until proven guilty

A legal principle that ensures an individual is considered innocent of a crime until sufficient evidence is presented to establish their guilt in a court of law.

Equality

Under the law means that all individuals are treated the same in legal matters, without discrimination based on race, gender, or socioeconomic status.

innocence until proven guilty

A legal principle that ensures an individual is considered innocent of a crime until sufficient evidence is presented to establish their guilt in a court of law.

Equality

Under the law means that all individuals are treated the same in legal matters, without discrimination based on race, gender, or socioeconomic status.

Impartiality

The principle that legal decisions should be made without bias or favoritism, ensuring fairness and equality in the judicial process.

Fairness

Fairness in the legal context refers to the equitable and just treatment of all parties involved in legal proceedings, ensuring that everyone has an equal opportunity to present their case and receive a fair outcome.

Rule of Law

The principle that law should govern a nation, ensuring that all individuals and government actions are subject to and accountable under the law.

Natural law theory

Believes in universal moral principles. World follows fundamental rules of fairness and justice that are always morally correct (i.e., murder is always wrong)

Legal Positivism

separates law from morality. Should be followed just because it’s a law. laws are valid if properly enacted, regardless of moral content.

Legal Realism

Values are not universal, it focuses on how laws are actually applied in practice and considers social and political factors in legal decisions.

Critical legal Theory

it looks critically at society’s laws. those in power in society are unlikely to give people with less power the means to make social change. Laws reflect individual values, biases of powerful social groups.

British North America Act

An act passed by the British Parliament in 1867 that created the Dominion of Canada, outlining the structure and powers of the new federal government.

Constitution Act

of 1982, which patriated Canada's Constitution from the UK and included the Charter of Rights and Freedoms, outlining the rights of Canadian citizens.

Statue of Westminster

A 1931 act that granted full legislative independence to the dominions of the British Empire, including Canada, Australia, New Zealand, and South Africa, allowing them to make their own laws without British interference.

Purpose and Significance of the Constitution

The purpose and significance of the Constitution is to establish the fundamental principles and framework for governance in Canada, protecting the rights of citizens and ensuring the rule of law.

Government Jurisdiction (Federal, Provincial, Municipal)

Federal: Headed by the Prime Minster and deals with national and international matters

Provincial: relates to areas like health care, education, and transportation.

Municipal: Overseen by mayors, responsible for local issues such as zoning, public transit, and community services.

Demographic Shifts

Changes in population characteristics, including age, race, income, and migration patterns, that influence societal dynamics and governance.

Collective Action

The process by which individuals come together to achieve a common goal or address shared challenges, often requiring coordination and cooperation to be effective.

Technological advancements

new technology can mean new laws, invention of the radio and television (formation of the CRTC)

Emergency Situations

laws often passed to deal with temporary emergency situations. sometimes meant to be temporary but often end up being permanent. (WW1- Income Tax Act)

Changing societal values

as our values and beliefs change, so too do our laws (health of non-smokers is more important than the rights of smokers)

Court Decisions

The Supreme Court can significantly impact laws. Decisions made by the Supreme court of Canada can overturn laws already in existence if they deemed to be unconstitutional

Legal Scholarships

Scholarly articles, books, and studies on a topic. Feminist legal scholars 1980s-1990s (wanted courts to accept battered spouse syndrome as a viable defense to murder)

Democratic Processes

Political parties often promise change if they get elected OR government passes a law which is not popular with the population (WW1- Military Voters Act extended vote to overseas soldiers - including women serving as nurses)

Ultra vires

“Outside the power“

Pith and Substance

The main purpose of the law as opposed to its incidental effects. Determines the true essence of a law to assess its jurisdictional validity, ensuring it primarily aligns with the legislative authority that enacted it.

Residual powers

powers not specifically granted to any particular level of government. they preamble to section 91 of the constitution states that the federal government may make laws for the peace, order and good government of Canada concerning matters not given exclusively to the provincial legislatures.

legal Precedent

Decisions made by judges formed the basis of case law. Known as “stare decisis“ in Latin. It ensures stability and fairness

Judicial Independence

Judges make decision free from outside influence. Appointments are based on merit not political affiliation. Judges have security of tenure until retirement

Political Parties (Right Wing)

• more conservation values

• focuses on the status quo, and tradition

• tougher on law and order

• emphasize the importance of free trade

Political Parties (Left Wing)

• associated with liberal values

• focuses on the role of society & the community as a whole

• law and order policies tend to be more relaxed

• taxation increases to pay for social programs

Substantive Law

• Answers “what“ - what are your rights?

• substantive focuses on legal relationships

procedural Law

• Answers “how“ - how do you protect these rights?

• Focuses on enforcement methods

Public Law

• state involvement, societal impact

• Mandatory compliance

Private Law

• Individual disputes, personal matters

• Often negotiable between parties

Aristotle’s theories

• Rule of Law

• Natural law

• Unwritten Natural Law

St. Thomas Aquinas theories

• Natural law

• Free will

John Locke’s theories

• libertarianism

• natural rights: life, liberty, and property

Thomas Hobbes theories

• Province of Jurisprudence

Jeremy Bentham

• Legal Positivism

• Utilitarianism

John Austin

• Theory of Law

John Stuart Mill

• 3 features of the Scientific method

Philip Selznick

• Responsive Law

Justice as Fairness

• Concept developed by philosopher John Rawls

• Argues that inequalities should favor the least well-off

• Aims to level the playing field in society

Justice as Equality

• Everyone gets the same amount and kind of resources

Distributive Justice

• Concerns how resources and goods are distributed in society

Need-based Justice

• Distributes resources based on individual needs

• Those who need more, get more

Merit-based Justice

• Rewards are given based on what deserve

• Emphasizes hard work and personal responsibility

Restorative Justice

• Focuses on making amends and healing

• Emphasizes reconciliation between offender and victim

Retributive Justice

• Focuses in punishment for wrongdoing

• “Eye for an eye” mentality

• Aims to make wrongdoers suffer in proportion to their crimes