Law Exam notes

Philip II of France

In 1215, after King ________ imposed a humiliating peace treaty on England, a weakened King John again demanded more money from the barons.

Subordinate legislation

Regulations: ________, known as regulations and orders- in- council, are separate legal documents made under the authority of a statute, often containing much of the detail omitted from the statute.

Henry II

John's father, ________, and brother, Richard I (the Lionheart), spent a lot of time overseas defending their French lands and fighting the Crusades.

sexual exploitation

Children shall be protected from ________ and abuse, including prostitution and involvement in pornography.

legal assistance

A child who is detained has the right to ________ and contact with the family.

Great Charter

The ________ also contained clauses guaranteeing the freedom of the church and the city of London, which remain active statutes in Britain.

Parliament

________ and the government of Canada are committed to the principle of making equalization payments to ensure that provincial governments have sufficient revenues to provide reasonably comparable levels of public services at reasonably comparable levels of taxation ..

Requirement

________- something that is needed.

John

King ________ of England's acceptance of Magna Carta, or Great Charter, marked the first time an English monarch had ever consented to written limits on power drafted by his subjects.

business owner

Ie: a(n) ________ can claim undue hardship caused by new accessibility requirements.

own culture

Children should be prepared for active participation in a free society, and learn to respect their ________ and that of others.

Prudens

Juris="of right "or "of law "________= skilled or learned in law Jurisprudence ensures that changes to our laws are made with careful consideration and are informed by the insights of the legal writers, law- makers and scholars of the past.

expression

Ie: ________ and assembly, legal rights and rights to equality.

Magna Carta

________, known as the Great Charter, was written in medieval Latin and contains four key principles that serve as the foundation for the English- speaking world's legal system:

CHRA

Under the ________, an employer, landlord or service provider must make a reasonable effort to eliminate any barriers to equal access to a service, job, or accommodations.

Habeas Corpus

________: Freedom from unlawful detention without cause or evidence.

Crown

Trial by jury: Rules to settle disputes between barons and the ________ established trial by a jury of one's peers.

Declarations

________ (such as the UDHR) are statements of moral and ethical intent but they are not legally binding agreements.

private citizens

It provides protection from discrimination and harassment (mostly in relation to ________ and organizations)

unlawful arrest

No child shall be subjected to torture, cruel treatment or punishment, ________ or deprivation of liberty.

undue hardship

An employer could show ________ by establishing that to make an accommodation would cause the business great financial loss.

Royal Assent

________- is the approval of the Sovereign of a bill that has passed both houses of Parliament in identical form.

RCMP

Federal: ensuring what chemicals go in what products, medical drugs, food, income tax, sewage, travel and passports, have to provide funding for health care, duty on products, ________, coast guard, foreign policy.

public safety

Police are created under the law to protect ________ and the protection of property.

forms of discrimination

All rights apply to all children, and children shall be protected from all ________.

human conflicts

Law as a mechanism for resolving disputes: In our society we rely on courts of law to settle ________.

special protection

Children who are refugees, or seeking refugee status, are entitled to ________.

Justice

________ is a ‘ concept and is much more difficult to identify.

Direct discrimination

________: involves an overt practice or behaviour in the workplace that is clearly and openly discriminatory.

Court Decisions

________: Common law is at the base of legal hierarchy.

BFOR

A(n) ________ is a job requirement that is considered necessary for the safe and efficient performance of a particular job.

social development

Children have the right to a standard of living adequate for their physical, mental, spiritual, moral and ________.

Children

________ in conflict with the law are entitled to legal guarantees and assistance, and treatment that promote their sense of dignity and aims to help them take a constructive role in society.

Indian Act

The ________ banned traditional cultural practices such as the potlatch (gift- giving feast) and Sun dance ceremonies.

Ontario Human Rights Code

Equal rights under the ________ apply to 5 specific areas (the scope of the law)

Aboriginal

________ is an ‘ umbrella term to include: First Nations, Inuit and Metis.

supervision of competent

Where adoption is allowed, it shall be carried out in the best interests of the child, under the ________ authorities, with safeguards for the child.

system of punishment

Laws impose a(n) ________ and remedies.

formal system of procedures

Laws entail a(n) ________ for enforcement.

Capital punishment

________ and life imprisonment are prohibited for offences committed by persons below 18 years of age.

Statutes

________: Otherwise known as Acts, ________ are laws enacted by the elected representatives of the public at either the federal or provincial level.

prima facie case

In order to prove a case of discrimination, the plaintiff must establish a(n) ________ (ie: there must be enough evidence to support the claim, in the absence of evidence from the respondent)

Native land

________ in Canada was now under the control of King George III, the crown would be the only authority with the power to negotiate the transfer of Indian lands to colonial settlers.

succession of kings

The ________ who ruled England after the 1066 Norman Conquest allowed the nobility a degree of autonomy and protection from arbitrary punishment.

primary responsibility

Parents have the ________ to ensure that the child has an adequate standard of living.

old British North America Act

The Constitution Act 1867- This was the ________ 1867.

own culture

Children have a right, if members of a minority group, to practice their ________, religion and language.

Undue hardship

________ can also be claimed by others besides employers.

special protection

Children without a family are entitled to ________, and appropriate alternative family or institutional care, with regard for the childs cultural background.

Nobody is above the law

The basis of equal justice at all levels of society

Habeas Corpus

Freedom from unlawful detention without cause or evidence

Trial by jury

Rules to settle disputes between barons and the Crown established trial by a jury of one's peers

John appealed to Pope Innocent III to release him from the terms, and the barons returned to their traditional method of dealing with monarchs they did not like

supporting a rival claimant to the throne

Law

"the system of rules that a particular country or community recognizes as regulating the actions of its members and may enforce by the imposition of penalties" -

Concept of Law

The characteristic qualities, values, virtues and ideas comprising the law

Laws as an instrument of society

Ideally laws objectives should embody the broader collective goals and values of a society i.e

Law as a mechanism for resolving disputes

In our society we rely on courts of law to settle human conflicts

Law protects our person, property and rights

Laws are impotent without mechanisms to enforce them

Law provides order in society

Laws create predictability and stability in society

Customs

Long-standing practices often become such a fundamental part of society that they become formally enshrined as laws i.e

Conventions

Conventions are rules which, while not legally enforced by courts, are nevertheless such of compelling political force that they are often followed by legislators i.e

Social and Political Philosophy

Philosophical traditions have influenced the laws of Western societies just as Communist ideologies have influenced China and the former Soviet Union

The Constitution

The Constitution is at the top of legal authority

Statutes

Otherwise known as Acts, statutes are laws enacted by the elected representatives of the public at either the federal or provincial level

Regulations

Subordinate legislation, known as regulations and orders-in-council, are separate legal documents made under the authority of a statute, often containing much of the detail omitted from the statute

Court Decisions

Common law is at the base of legal hierarchy

Federal

ensuring what chemicals go in what products, medical drugs, food, income tax, sewage, travel and passports, have to provide funding for health care, duty on products, RCMP, coast guard, foreign policy

Provincial

electricity, food, post-secondary school, education, wages, income tax, sewage, health services (manage funds), legal drinking age, rent prices, tenants rights

Post 1867

The government of Canada concluded a series of land agreements with Native peoples

Royal Assent

is the approval of the Sovereign of a bill that has passed both houses of Parliament in identical form

Aboriginal is an ‘umbrella term to include

First Nations, Inuit and Metis

Entrenched

firmly established and difficult or unlikely to change (ingrained)

Ie

expression and assembly, legal rights and rights to equality

Purpose

The CHRA was passed in 1977

These codes cover areas that fall under provincial jurisdiction ie

education, health care

Bona Fide

genuine, real

Requirement

something that is needed

ACCOMMODATION

a compromise or special arrangement

Outside sources of funding must not be available ie

government funding

ie

a business owner can claim undue hardship caused by new accessibility requirements

Direct discrimination

involves an overt practice or behaviour in the workplace that is clearly and openly discriminatory

ie

an employer refuses to hire any females or people over 50

ie

old buildings that do not have ramps; the new voter id laws in the US; a work schedule that requires all workers to work Sunday

- In order to prove a case of discrimination, the plaintiff must establish aprima facie case (ie

there must be enough evidence to support the claim, in the absence of evidence from the respondent)

In order to prove a case of discrimination, the plaintiff must establish a prima facie case (ie

there must be enough evidence to support the claim, in the absence of evidence from the respondent)

Summary of the UN Convention on the Rights of the Child Article 1

Definition of a child

Article 4

Implementation of rights

Article 5

Parental guidance and the childs evolving capacities

Article 12

The childs opinion

Article 13

Freedom of expression

Article 15

Freedom of association

Article 16

Protection of privacy

Article 17

Access to appropriate information

Article 19

Protection from abuse and neglect

Article 20

Protection of a child without family

Article 21

Adoption

Article 23

Disabled children

Article 24

Health and health services

Article 25

Periodic review of placement

Article 27

Standard of living