Law Exam Review: Theories, Political Spectrum, and Treaties

Natural Law

Law derived from moral principles and reason.

Positive Law

Laws created by humans for societal order.

Socrates

Law guides people to live rightly.

Plato

Justice achieved through collective societal effort.

Aristotle

Three classes: born good, can be made good, ruled by passions.

Cicero

Reason guided by a higher being.

St. Thomas Aquinas

Four laws: eternal, divine positive, natural, human positive.

Eternal Law

Unchanging law created by God.

Divine Positive Law

Eternal law revealed through religious texts.

Natural Law (Aquinas)

Eternal law understood through human reason.

Human Positive Law

Laws created by humans for state function.

Thomas Hobbes

Law necessary to control society's inherent conflict.

John Locke

Equality and governance through collective protection.

Jeremy Bentham

Utilitarianism: greatest good for greatest number.

John Austin

Positive laws must be just, not moral.

John Stuart Mill

Actions right if they promote overall happiness.

Marxism

Law as elite control; collectivism over individual rights.

John Rawls

Justice achieved when wealth is unknown.

Noam Chomsky

Elites maintain power through uninformed public.

Political Spectrum

Left: totalitarianism; Center: moderate; Right: fascism.

Demographic Changes

Population shifts leading to new laws.

Technological Changes

New technologies necessitate updated legal frameworks.

National Emergency

Major events prompting changes for public protection.

Post-9/11 Changes

Increased airport security and public surveillance measures.

COVID-19 Impact

Introduced mask mandates and social distancing policies.

Religious Influence

Religious beliefs shape societal moral values and laws.

Adultery in Canada

Grounds for divorce based on religious commandments.

Social Philosophy

Historical events alter social acceptability and norms.

Black Lives Matter

Movement raising awareness of systemic policing issues.

Holocaust Impact

Led to increased individual legal rights protections.

Political Philosophy

Beliefs about law influenced by political spectrum placement.

Human Rights Watch

NGO conducting research and advocacy on human rights.

Human Rights Violations

Investigated by Human Rights Watch through evidence collection.

Annual Report

Covers human rights issues in over 90 countries.

NAFTA

Trade agreement reducing barriers between Canada, Mexico, U.S.

Most Favored Nation Status

No special privileges among NAFTA signatories.

Tariff Removal

Eliminated tariffs on imports/exports in NAFTA.

Intellectual Property Protection

NAFTA protects patents, trademarks, and copyrights.

EU Overview

Political and economic union of 27 European states.

European Commission

Proposes legislation and enforces EU treaties.

Euro Currency

Official currency for 20 EU nations since 2002.

Brexit

British exit from the European Union.

USMCA

Replaced NAFTA with significant negotiation changes.

Vehicle Origin Rule

75% of vehicle parts must be from USMCA countries.

ICC

Court for genocide, war crimes, and crimes against humanity.

Rome Statute

Established ICC, voted on by UN General Assembly.

Jurisdiction Limitations

ICC only handles cases from 2002 onward.

Jurisdiction

Authority to hear cases from 2002 onward.

Retroactive Jurisdiction

No authority over cases before 2002.

Presidency

Three judges elected for 3-year terms.

Registry

Supports court operations behind the scenes.

Chamber

Judges responsible for court rulings.

Office of Prosecutors

Investigates and prosecutes cases independently.

Treaty Negotiation

Process must adhere to international law.

Signing

Initial agreement, not legally binding yet.

Ratification

Formal consent process by each country.

Reservations

Changes allowed during treaty ratification.

Implementation

Treaty terms become enforceable laws.

Disputes in Treaties

Protocols for amendments and terminations outlined.

Airspace

Sovereign control above a country's land.

Outer Space

No ownership claims; benefits all nations.

Continental Shelf

Maritime zones defined by UN Convention.

Territorial Sea

12 nm zone with full sovereignty.

Contiguous Zone

12 nm zone for law enforcement authority.

Exclusive Economic Zone

200 nm zone for resource extraction rights.

Antarctica

Governed by treaty promoting peaceful research.

Sanctions

Restrictions to deter or punish wrongdoing.

Subsidies

Government aid to lower costs in sectors.

International Monetary Fund (IMF)

Stabilizes exchange rates and provides loans.

World Bank

Funds development projects in poorer nations.

World Trade Organization (WTO)

Regulates international trade and enforces rules.

Short-term Focus

Prioritizes immediate trade concerns over long-term issues.

UN Peacekeeping Funding

Funded by mandatory contributions based on GDP.

UN Peacekeeping Participation

Participation in missions is voluntary for nations.

UN Peacekeeping Focus Changes

Shifted from conflict management to humanitarian concerns.

Kyoto Protocol

Legally binding treaty for emission reductions.

Copenhagen Accord

Non-binding agreement raising climate awareness.

Paris Agreement

Aims to limit global warming below 2°C.

Bilateral Relationships

Diplomatic relations between two nations.

Multilateral Relationships

Diplomatic relations involving multiple nations.

Binding Agreement

Legal obligation or requirement in diplomacy.

Consular Relations

Consuls protect host nations and enhance ties.

Diplomatic Immunity

Diplomats are shielded from host country laws.

Diplomatic Asylum

Protection for individuals fearing persecution.

United Nations Purpose

Maintains international peace and security among nations.

General Assembly (GA)

All member nations voice concerns and opinions.

Security Council

Maintains peace, imposes sanctions, authorizes force.

International Court of Justice (ICJ)

Handles disputes and provides advisory opinions.

Economic and Social Council

Focuses on global economic and social issues.

Trusteeship Council

Inactive since 1994; formerly developed post-war areas.

UN Declaration

Documents voted on by the General Assembly.

Non-Governmental Organizations (NGOs)

Independent groups addressing social and humanitarian concerns.

NGO Strengths

Flexibility and low bureaucracy compared to governments.

NGO Weaknesses

Limited resources and accountability concerns.