law unit 1 quiz 1

laws

System of rules which a particular country or community recognizes as regulating the actions of its members and which it may enforce by the imposition of penalties

rules

opt-in parameters that apply to a certain group or situation

rule of law

principle of justice stating that the law is necessary to regulate society, that law applies equally to everyone, and that people are not governed by arbitrary power

3 implications of rule of law

1. Individuals must recognize and accept that law is necessary to regulate society

2. The law applies equally to everyone, including those in power, such as heads of state, police officers, judges, and politicians

3. No one in our society has the authority to take away our rights except in accordance with the law

vendetta

an old, cyclical, and sacred-seeming way of settling disputes by enacting physical revenge on the relatives of those who wronged you

how do vendettas relate to law

law was created as a non-violent alternative way to mediate disputes

morality

a person’s personal opinions and values, usually represented, although not wholly, through elections, trials, etc.

they come from culture, upbringing, etc.

justice

the idea that non-objective laws should be fair

moral dilemma

on one hand collective societal morality should determine laws, on the other laws should not infringe on the rights and beliefs of others

four characteristics of justice

1. Treat like cases alike and different cases different

   1. Ex. for same crime, officer might receive greater punishment than non-police officer (bc they have greater knowledge of legal system, may have tried to thwart it)

2. Law = unjust if discriminates on basis of irrelevant characteristics

3. Justice should be impartial (applied regardless of position or financial status)

4. Fair b/c it conforms to society’s values

substantive law

outlines restrictions, what you can and cant do (top of umbrella under domestic law, next to procedural and births everything else)

procedural law

set of laws that governs how cases move through legal system, punishments

public law

governs relationship between state and public

private law

governs interactions between individuals

criminal law

public law, prosecutes people accused of committing a serious offense and breaking criminal law

two parties are defendant and crown attorney

administrative law

public law, outlines government agencies that regulate sectors of public life (ex. liquor boards)

constitutional law

public law, outlines powers at each level of govt as stated in constitution

family law

private law, mediates issues in familial relationships

contract law

private law, manages details of and issues with contracts/legally binding agreements

tort law

mediates harms and wrongs done to someone not including contract breaches

property law

deals with disputes over anything with cash value

labour law

deals with relationships in the workplace between employer and employee

principle of necessity

permits unlawful action if it directly prevents an immediate greater harm

r vs. dudley and stevens (1884) takeaways

• necessity is not a strong enough defense to kill someone when they arent an immediate harm to your well-being

  • became part of case law to establish this doctrine of non-violence against innocents even for self-preservation

morality vs justice

morality is what a society or individual deems is correct in a situation, justice is what a society enacts to give fair distribution of rights and punishments

where do laws come from?

desire for safety, desire for non-violent justice and retribution, desire to ensure everyone is acting morally (which comes from tradition, culture, religion, etc.)

why is it important to study canadian laws?

to know how to behave in society like idk