Exam Review – Exam Date: Tuesday June 17th, 2025

What is Rule #1 of the Rule of Law?

Treat like cases alike and different cases differently.

What does it mean if a law is unjust?

If it discriminates based on irrelevant characteristics.

What is Rule #3 of the Rule of Law?

Justice should be impartial; the law should apply equally regardless of a person's position or financial status.

What is meant by Judicial Independence?

Judges must be able to function independently from other branches of government to maintain respect for the law.

What was the legal representation system in ancient Greece?

Defendants acted as their own lawyers; trials were conducted by juries of fellow citizens without judges.

What does Section 13 of the Charter state?

It provides the right to equality and freedom from discrimination.

What key idea does Classical Legal Philosophy emphasize?

That laws should reflect morality and aim for the common good.

What is Feminist Jurisprudence?

The theory that law is an instrument of oppression by men against women.

What did the Supreme Court rule in Brooks v. Canada Safeway Ltd. (1989)?

Provisions denying benefits to pregnant women were illegal.

What is the purpose of Section 1 of the Charter?

To guarantee rights and freedoms subject to reasonable limits that can be justified in a free and democratic society.

What does collective action refer to?

Working together to move the government to change a law.

What is meant by Legal Heritage?

The influence of Judeo-Christian values on Canada’s laws.

What is International Law?

The set of rules that govern relations between countries and international actors.

What are the two main types of International Law?

Public International Law and Private International Law.

What does Natural Law suggest?

That human laws are derived from eternal and unchangeable principles.

What is Utilitarianism?

The theory that law should achieve the greatest good for the greatest number of people.

Who was Socrates?

A Greek philosopher who emphasized questioning and dialogue to seek truth.

What is the Dialectic as described by Socrates?

The process of clarifying an idea through discussion.

How did Plato view Justice?

As a state where all powers in society work together harmoniously for the good of the whole.

What does the Notwithstanding Clause of the Charter allow?

It allows Parliament or provincial legislatures to override certain provisions of the Charter.

What is the Legislative Process?

The steps through which a bill becomes law.

What are the Geneva Conventions?

A series of treaties that govern the humane treatment of individuals during armed conflict.

What is Litigation?

The process of taking legal action or resolving disputes through the court system.

What is a Complaint in legal terms?

A formal written document that starts a lawsuit.

What do judges help ensure in relation to legal precedent?

That similar cases are treated alike to promote fairness.

What does reasonable limits mean in context of the Charter?

Restrictions on rights and freedoms must be demonstrably justified in a free society.

What is a significant limitation of legal representation in ancient Greece?

There were no judges or lawyers; defendants had to represent themselves.

What contributed to the development of the Rule of Law?

The idea that justice must be impartial and based on established laws.

What critical perspective does Feminist Jurisprudence challenge?

The notion that the law is objective and neutral.

What requirement was imposed on women prior to 1929 under Canadian law?

Women were not considered 'persons' under the law.

In what major context does Section 1 of the Charter apply?

Rights and freedoms can be limited if justified as reasonable.

What does the Parliamentary process involve for a bill?

First, second, and third readings followed by approval from the Governor General.

What distinguishes Public International Law?

It deals with rules between nations, including treaties and human rights law.

What core principle does Classical Legal Philosophy assert?

That laws should reflect natural law and morality.

What form of inequality did Brooks v. Canada Safeway Ltd. address?

Denial of insurance benefits based on pregnancy.

What is the role of the judiciary in a democratic society?

To interpret and uphold the law independently of political influences.

How are laws viewed in terms of Classical Legal Philosophy?

As connected to morality and should promote justice.

How did philosophers like Plato and Aristotle influence the understanding of law?

By connecting legal principles to ethics and morality.

What is the aim of legal representation according to classical philosophy?

To ensure fairness and justice in legal proceedings.

What is a characteristic of Utilitarianism?

Focusing on the outcome that benefits the most individuals.

What historical limitation did women face regarding divorce until 1925?

A woman had to prove both desertion and adultery.

What does Section 1 of the Charter allow for regarding laws?

It allows for laws that can limit rights if they are reasonable and justified.

What are the humanitarian focuses of the Geneva Conventions?

Humane treatment of civilians and those no longer participating in combat.

What role does the appeals process play in judicial independence?

It allows for thorough reviews of cases and law, ensuring appropriateness of decisions.

How does collective action affect law change?

By mobilizing groups to push for consensus on the need for change.

What example is frequently discussed to illustrate unjust law?

Laws discriminating based on irrelevant characteristics.

Why is impartiality important in the legal system?

To ensure fairness and equality before the law.

What limits does the Charter impose on equality rights?

They can be restricted if deemed reasonable in a democratic society.

What connection exists between legal philosophy and societal values?

Laws should reflect and conform to society's moral and ethical values.

What is the distinction between Public and Private International Law?

Public International Law governs relationships between states, while Private addresses conflicts between individuals from different countries.

What did the appeal for judicial independence lead to in court structures?

A hierarchical organization of courts that supports an appeals process.

What does a Complaint in court typically include?

Who is sued, why they are sued, and what the plaintiff wants from the case.

What outcomes can litigation lead to?

Decisions made by judges or juries to resolve disputes.

What role do lobby groups play in law?

They advocate for changes in laws and government policy.

How essential is the role of community consensus in legislative reform?

It is fundamental for prompting legislative changes.

What does the term 'victimization' refer to in legal discourse?

The experience of being targeted or harmed within a legal context.

What amendment is associated with changes in the Women’s Franchise Act?

The amendment granted women the right to vote in federal elections.

What is a basic understanding of equality under the law according to the Charter?

Everyone has the right to equal protection and benefit without discrimination.

What principle did Aristotle contribute to legal philosophy?

The distinction between natural justice and legal justice.

How does judicial hierarchy benefit legal proceedings?

It ensures thorough review and consistency in legal decisions.

What can be inferred about the relationship between law and governance from the Rule of Law?

Law acts as a foundation for governing, limiting arbitrary power.

What can lead to changes in case law?

Judicial decisions made during the appeals process.

What does the term 'legal precedent' signify?

A past legal decision that serves as a guideline for future cases.

What barriers did feminist scholars identify in legal institutions?

Systematic biases against women achieving power.

What signifies the considerations of the legislative process?

The necessary stages a bill must undergo to become law.

How did Socrates' trial reflect on his beliefs about law?

He believed laws should facilitate virtue rather than mere obedience.

What philosophical belief underpins the concept of natural law?

That laws are derived from universal moral principles beyond just human constructs.

How does the jury system in ancient Greece differ from modern court systems?

In ancient Greece, juries were comprised of citizens, with no judges present.

What is the significance of gender representation in the legal system as identified by feminist theorists?

It highlights historical failures to meet women's distinct legal needs.

What role do moral principles play in Classical Legal Philosophy?

They are essential in defining what justice should accomplish through law.

What changes did the Geneva Conventions contribute to international law?

They established guidelines for humane conduct in armed conflicts.

What does the presidential structure of the Canadian government reflect about Division of Powers?

It illustrates how power is legally distributed among different government branches.

How does litigation differ from other forms of dispute resolution?

Litigation is a formal legal process often involving courts.

Under what circumstances can laws be justly restricted under the Charter?

When restrictions are demonstrably justified in a free and democratic society.

What is an example of the influence of Judeo-Christian heritage on Canadian law?

Laws against murder based on moral beliefs.

What aspect of feminist law challenges the view on objectivity in law?

The experience of women has historically been excluded from legal considerations.

What legal concepts are tied to Utilitarianism?

Laws should strive for outcomes that benefit the majority.

What does the legislative process exemplify in a democratic society?

The structured path laws take to ensure proper debate and approval.

What did Aristotle's teachings add to the understanding of justice?

That law serves as a tool for achieving equality.

What contributions did philosophers like Socrates and Plato make to ethical governance?

They emphasized that laws should reflect moral truths and aim for virtuous societies.

What principles can limit the enforcement of rights in the Charter?

Limits are acceptable if they serve a legitimate purpose and are reasonable.

What is one notable change that occurred for women’s legal status in Canada over time?

Women were awarded legal personhood in 1929.

What does the Geneva Conventions protect during conflicts?

Civilians and non-combatants against inhumane treatment.

In Socrates’ dialogue, what is essential for arriving at truth?

Open discussion and questioning.

What does the term 'reasonable limits' refer to in civil rights discussions?

Limits that can be justified within a democratic framework.

In relation to equality under the law, what does discrimination involve?

Unequal treatment based on irrelevant factors.

What influence did Christian missionaries have on Canadian law?

They introduced Judeo-Christian values and ethics.

How can the judiciary impact societal values according to legal philosophy?

By ensuring laws align with ethical standards.

What is the essence of complaints in the legal framework?

They initiate legal proceedings and outline issues in dispute.

What fundamental concept does natural law promote in legal systems?

Laws should be based on inherent moral values.

Why is community activism significant in legal reform?

It mobilizes support for changes in legislation.

What philosophy directly critiques the neutrality of legal application?

Feminist jurisprudence.

What procedural steps must a bill go through in Parliament?

Introduced, debated, revised, read, and voted on.

What is the outcome of failing to meet Charter limits on rights?

Potential legal challenges against the validity of the law.

How does the definition of complaint simplify legal actions?

It formally denotes the concerns needing judicial intervention.

What is a critical debate surrounding judicial independence?

Judges’ detachment from political pressures to uphold the law.