Quiz Prep

Interdisciplinary

Involving multiple academic disciplines or fields of study, interdisciplinary approaches integrate knowledge and methods from various areas to address complex issues.

Judicial Activism

The concept that judges retain the discretion allowed to have the final say in the court case and shape case precedent

Litigiousness

The tendency to engage in lawsuits or legal disputes, often characterized by frequent legal action or a readiness to litigate.

Alternative Dispute Resolution

A set of techniques used to resolve conflicts without traditional litigation, including mediation and arbitration.

Aim to provide a more efficient, cost-effective, and collaborative way to settle disputes, often preserving relationships between parties.

Parliamentary Supremacy

Principle that Parliament holds the ultimate legal authority in Canada

• Able to utilize statutes to overrule legislation

Decisions cannot be overridden by other bodies, ensuring that legislation passed by Parliament is the highest form of law in the country.

Archeology of Law

The study of how legal systems and norms evolve over time, examining the historical context and development of legal practices and institutions.

Civil Law (system)

System that contains Written/outlined legislation that is outlined by judges

• Not authorized by judicial precedents; rather written codes and statutes

• The most common system used globally

Codification

Process of organizing and collecitng legal rules in a cohesive body of written law

Bill 21

A controversial Quebec law that prohibits public sector employees from wearing religious symbols while in their positions, aimed at maintaining secularism in the province's institutions.

Perspectivism

Asserts that knowledge and truth are influenced by individual perspectives, often suggesting that multiple viewpoints can coexist and contribute to a fuller understanding of reality.

Positivism

Knowledge should be based on empirical evidence and observable phenomena, rejecting metaphysics and theism.

Artifactualism

Significance of artifacts or objects in understanding human culture and history is often lies in how these objects shape and are shaped by social practices.

• human-made tools

Legal system as human-made tools or artifacts argue that legal models aren’t just symbolic, but are utilized by humans to achieve specific goals much like any other tool

Common Law

A system of law based on judicial precedents and customs, where legal principles evolve through court decisions rather than written statutes.

Liberalism

Political and economic philosophy that emphasizes individual freedom, civil rights, and democratic governance, advocating for limited government intervention in personal and economic matters.

• Centered around individual rights, liberty, and equality (consent)

• Protection of individual freedoms (life, liberty, property)

Montesquieu

French philosopher known for his contributions to political theory, particularly the idea of separation of powers in government.

His work "The Spirit of the Laws" influenced the development of modern democratic systems.

Secularism

The principle of separating religion from political, social, and educational institutions, ensuring that no religion is given preferential treatment by the government.

Tort

A civil wrong or infringement that causes harm or loss to another, leading to legal liability.

Can even be applied if someone isn’t found guiltywithin criminal law

• e.x. The Wrongful Death Lawsuit

Dispute Processing

General social and institutional methods through which individuals and organizations resolve disputes/conflicts in both the private and public spheres

Often through litigation, negotiation, etc

Entrenched Law

legal principles that are protected from change from ordinary legislation and can only be amended under specific procedures, ensuring stability in the legal system.

e.x. Certain constitution rights only being allowed to be amended through VETO

Legal Consciousness

How laypersons understand and internalize legal meanings within everyday life

• “a person's consciousness of mainstream law and legal systems/regimes

Jurisprudence

“philosophy of law” - asks the Nature of Law and what law “ought to be”

Perspectivism

How knowledge is shaped by a person’s perspective on law

• Legal knowledge is shaped by standpoints

“No one has access to an absolute view of the world”

Alternative Dispute Resolution

The usage of informal, non-legal measures to resolve disputes besides the courts

e.x. Arbitration, Negotiation, Mediation

Legal Realism

Approach to law that views legal decisions as influenced by social contexts

• Realists → focus on what judges do in practice, how they decide cases

How do judges decide cases in practice? What social factors influence them?

e.x. judge’s background, setting of case, historical context, etc

Secularism

Idea that religious beliefs/doctrines should be separate from formal institutions

• State is suppossed to be neutral towards religion, however Christian values are deeply embedded within Canadian culture

• must rule in a “religiously neutral” way

Rule of Law

Principle that no person, organization, or body is above the law (including the state)