lwso203 topics 1-7 combined uofc 2024

Institution

Systems guiding human behavior

Politics

Processes of power relations

Society

Interconnected individuals in an ordered web

Law

Rules governing society, balancing individual and collective interests

Power

Influence over others, instrumental and ideological

Rule of Law

Ensures legal fairness and equality before the law

Justice

Reflects legal fairness, equality, distributive and restorative justice

Natural Law

Universal, absolute law, emanating from God or separate from the divine

Positivism

Views law 'as is' rather than 'as it should be', with validity from the state

Legal Realism

Understands law and legal outcomes within political, economic, and social contexts

Marxism

Views law as an institution of capitalism, informed by historical materialism

Critical Legal Theory

Critical of law's rationales, purposes, and assumptions, considering political, social, and economic context

Feminist Theory of Law

Understands law from a gendered perspective, problematizing the gendered nature of law and legal study

Carter v. Canada (Attorney General)

Legal case involving the right to physician-assisted dying

The Cannabis Act

Legislation legalizing recreational use of cannabis in Canada

Theoretical Perspectives on Law

Different viewpoints on the nature, purpose, and interpretation of law

Hammurabi

Ancient Babylonian king known for his code of laws, one of the earliest recorded legal systems

Confucius

Chinese philosopher whose teachings influenced East Asian legal systems and emphasized moral and ethical conduct

Mohammad

Prophet of Islam, whose teachings influenced Islamic law and governance

Feudal Law

Legal system based on the granting of land in return for services, prevalent in medieval Europe

Magna Carta

1215 charter that limited the authority of the monarchy in feudal England, establishing the principle of the rule of law

Royal Proclamation of 1763

Transferred French territory to the British in Canada, shaping the legal and territorial framework of the country

Quebec Act

Legislation that guaranteed the freedom to practice Catholicism in Canada, impacting religious and legal freedoms

Constitution Act of 1791

Divided Canada into Upper and Lower Canada, laying the foundation for the country's legal and political structure

Act of Union, 1840

Created the united Province of Canada, shaping the legal and political landscape of the nation

British North American Act, 1867

The legal basis of Canada, now known as the Constitution Act, 1867, establishing the framework for Canadian law and governance.
Created the 'Dominion of Canada'

Statute of Westminster, 1931

Granted Canada legislative independence from the UK, a significant step in Canada's legal autonomy

Constitution Act, 1982

Patriated the Constitution and included the Charter of Rights and Freedoms, a pivotal moment in Canadian legal history

Public Law

Legal area concerning the public interest, including constitutional and criminal law, governing the relationship between individuals and the state

Private Law

Legal area concerning disputes between individuals, including tort and family law, governing private relationships and interactions

Substantive Law

Governs society, including criminal law, defining rights and obligations of individuals and the state

Procedural Law

Governs legal system rules and procedures, including sentencing, ensuring fair and just legal processes

Legislature

Creates and changes law, the branch of government responsible for enacting laws

Executive

Executes laws and policies, the branch of government responsible for implementing and enforcing laws

Judiciary

Implements law and dispenses justice, the branch of government responsible for interpreting and applying laws

Statute Law

Law created by a legislature, including acts and regulations passed by the government

Case Law

Law established by judicial decisions and precedents, setting legal standards through court rulings

Custom

Source of law derived from customary practice, reflecting long-standing traditions and practices

Books of Authority

Authoritative texts on legal principles by scholars, providing guidance and interpretation of legal concepts

Indian Act of 1876

Legislation that governs many aspects of Indigenous life in Canada, impacting Indigenous rights and governance

First Nations Land Management Act

Legislation that allows First Nations to control and manage their reserve lands, empowering Indigenous communities in land management

Canadian Constitution

The fundamental laws and principles that govern Canada, including the Constitution Act, 1982, which includes judicial review, amending formulas, and the Canadian Charter of Rights and Freedoms

Constitutional Design

The specific features and characteristics of a constitution, such as length, codification, and amendment processes

Diffusion of Powers

The distribution of authority within a state, including the division of powers and systems of checks and balances

Separation of Powers

The division of government powers between executive, legislative, and judicial branches

Federalism

A political system with multiple autonomous levels of government, each with specified jurisdiction

Unitarism

A political system with no subnational governments possessing delegated authority, in contrast to federalism

Canadian Federalism

Established Canada as a federal state with outlined federal and provincial powers and jurisdiction

Canadian Bill of Rights, 1960

A federal statute outlining the rights of Canadians

Canadian Charter of Rights and Freedoms

A constitutional document setting out the rights and freedoms of Canadians, including fundamental freedoms, legal rights, and equality rights

Section 1 (Canadian Charter)

The 'limitations' clause with a 2-part test for restrictions on rights

Section 24 (Canadian Charter)

Empowers courts to exclude certain evidence

Section 33 (Canadian Charter)

Contains the Notwithstanding clause, with limits on its application

Quebec's Rejection of the Constitution Act, 1982

Quebec's non-approval of the Constitution Act, leading to the Meech Lake Accord and Charlottetown Accord

Constitutional Diffusion of Powers

The spread of constitutional authority among different branches or levels of government

Dispute Resolution

The process of resolving conflicts or disputes between parties

Dispensing Justice

Administering fair treatment and judgment in legal matters

Enforcing Contracts

Ensuring the fulfillment of legal agreements between parties

Social Control

Regulating behavior and maintaining order within society

Administrative Boards & Tribunals

Entities outside the court system, created by legislation, responsible for adjudication and rule-making

Military Courts

Courts dealing with violations of the Code of Service Discipline within the military

Provincial & Territorial Courts

Primary entry points into Canada's court system, handling various divisions of legal matters

Superior Courts of the Provinces

The highest level of courts in Canadian provinces and territories, dealing with indictable offenses and appeals

Federal Court of Canada

A court with trial and appeal divisions, addressing civil disputes arising from federal government actions and other federal matters

Tax Court of Canada

A court hearing appeals from tax assessments by individuals and companies

Supreme Court of Canada

Canada's final court of appeal, addressing constitutional matters and offering legal opinions to the government

Adversarial System

Legal proceedings where parties present their cases before an impartial judge

Alternative Dispute Resolution

Methods of resolving disputes outside the traditional court system, such as negotiation and mediation

Restorative Justice

An approach to justice that focuses on repairing harm and addressing the needs of those affected by a crime

Canada's court system

The hierarchical structure of courts in Canada for administering justice

Alternative dispute resolution

Methods other than litigation used to resolve legal disputes in Canada

Legal apprenticeship

A period of practical training under a licensed lawyer for law students

Juris doctor (JD)

The degree awarded to successful law students upon completion of their studies

Legal representation

Acting on behalf of a party in legal matters, such as in court or negotiations

Articling

A law student's period of apprenticeship under the supervision of a licensed lawyer(s)

Law society

A provincial association that licenses lawyers to practice and regulates the legal profession

Canadian Bar Association

An organization that shares information, offers networking, and represents the interests of Canada's legal community

Federation of Law Societies of Canada

The national association of Canada's provincial legal societies, regulating the legal profession and facilitating national collaboration

Code of Professional Conduct

Standards of behavior and ethics for lawyers, including issues of competence, confidentiality, and conflicts of interest

Disbarment

The removal from the bar and termination of membership in a law society

Judicial Advisory Committee

A committee that assists in the appointment of federal judges in Canada

Canadian Judicial Council

An organization overseeing Canada's federal judges, chaired by the Chief Justice of Canada

Statutory interpretation

The process by which judges interpret and apply legislation to resolve legal disputes

Legislative intent

The purpose or objective behind the creation of a particular law by the legislative body

Judicial activism

A more active judicial interpretation of legislation, characterized by a move towards the American model of judicial review

Precedent

A judgement or decision of a court of law cited as an authority for similar cases, resulting in a more predictable legal system

Criminal law

Addresses public wrongs, punishes wrongdoings, and expresses social condemnation

Liability

The responsibility for a legal obligation, differs from criminal guilt

Intentional tort

Occurs due to intentional physical or mental harm, with different standards from negligence

Negligence

Failure to meet a standard of reasonable care, resulting in injury

Duty of care

A legal obligation to provide a specific standard of care

Standard of care

The level of care a reasonable person would apply in a specific context

Reasonable person

Someone not expected to be negligent under specified circumstances

Causation

Links the defendant's breach of obligation to the plaintiff's injury

Remoteness

Reflects whether a specific damage suffered was reasonably foreseeable

Punitive damages

Damages awarded beyond compensation, controversial for potentially duplicating criminal sanctions

Accident Compensation

Primarily concerned with compensating the injured, often criticized for inefficiency

Forseeability

Involves intentional wrongdoings with unintentional consequences

Consent

A defense in intentional tort law

Self-defense

A defense in intentional tort law for protecting oneself or property