Canadian and International Law Flashcards

A set of 50 flashcards with questions and answers for reviewing Canadian and International Law.

What is the difference between a rule and a law?

Laws are created and established by the government and hold everyone to the same standard. Consequences are pre-determined and do not vary based on conditions.

What are the 5 functions of law?

To establish rules of conduct, provide a system of enforcement, protect rights and freedom, protect society, and resolve disputes.

What is the difference between substantive and procedural law?

Procedural law outlines how the law is implemented and enforced, while substantive law is the actual law and how it’s written.

What is the difference between public and private law?

Private law outlines the legal relationship between private citizens, while public law controls the relationships between governments and the people.

What are the 5 divisions of private law?

Tort law, family law, contract law, property law, and labour and employment law.

What are the 3 divisions of public law?

Criminal law, administrative law, and constitutional law.

What are 3 characteristics of Hammurabi’s code?

Oldest surviving legal code, eye for an eye punishment, and used divine law and trial by ordeal.

Which early legal code is commonly associated with the Ten Commandments?

According to the Bible, God gave Moses laws to be followed by the Hebrew people.

What is the Rule of Law?

Nobody is above the law and everyone is equal.

What is a noteworthy characteristic of Socrates' theory of law?

People gained from living in a law-abiding society and had to accept limitations on rights and freedoms.

What is a noteworthy characteristic of Plato's theory of law?

Laws should be rational and promote the common good.

What is a noteworthy characteristic of Aristotle's theory of law?

Laws should aim to treat all individuals fairly and without bias.

What is a noteworthy characteristic of Cicero's theory of law?

Justice, rights, equality, and fairness should underline all law.

What is a noteworthy characteristic of Justinian's theory of law?

Laws based on universal principles (natural laws) but were also codified and enforced by the state (positivism).

What is a noteworthy characteristic of Saint Augustine's theory of law?

Believed in divine law and that God would punish evil and reward good.

What is a noteworthy characteristic of Thomas Hobbes' theory of law?

Security and the preservation of peace was fundamental to justice (not upholding morality).

What is a noteworthy characteristic of John Locke's theory of law?

Believed limits should be set on the power of the state.

What is a noteworthy characteristic of Jean-Jacques Rousseau's theory of law?

Believed social structures that encourage self-interest instead of goodwill had corrupted human nature.

What is a noteworthy characteristic of Jeremy Bentham's theory of law?

Law should be based on what is practical and realistic rather than on an idealistic moral view.

What does the theory of legal formalism state?

Treats law as though it were science or math. Judges should apply the law and not use personal judgement in unusual cases.

What does legal realism state?

Believes that law is uncertain, vague and based on the judge’s own view. Judges are authors of the law.

What is feminist jurisprudence?

A philosophy of law based on the argument that the legal system upholds political, economic and social inequality for women.

What is Critical Legal Studies?

Shares views of legal realism and criticizes accepted legal theories. Law is shaped by social, political and economic power structures.

What did Richard A. Posner state about the law?

Argued that the law should be understood through a pragmatic lens, focusing on efficiency and economic outcomes.

What did John Rawls state about the law?

The only way the legal system can achieve fairness is if no one in society knows his or her own wealth.

What did Noam Chomsky state about the law?

The law serves the purpose of those in power.

What are the 3 meanings of Common law?

Refers to law that comes from Britain, law that is common to all, law that is based on the past decisions of judges.

Explain Social Contract Theory.

People give up some rights and freedoms in order to receive safety of other rights and freedoms.

What are key aspects of the Adversarial court system?

Judge cannot call witnesses but can ask for clarification, and the accused is innocent until proven guilty.

What are key aspects of the Inquisitorial Court system?

The accused is obligated to answer questions, and the judge does a lot of the questioning.

Describe what occurs if someone is given a Trial by Ordeal to determine guilt.

A medieval method of determining guilt or innocence by subjecting the accused to dangerous or painful tests.

What is the difference between having “power” and having “authority”?

Power is a personal trait, while authority is a title or position that gives one the tools to influence others.

What is Positivism?

Law is created by human authorities and exists independently of morality.

What is Naturalism?

Law is based on higher moral principles (ethics, human rights, divine law).

What is Divine law?

The earliest form of law based on religion.

What are the 3 branches of the Federal Government?

Legislative, Executive, and Judicial.

What is the Supreme Court of Canada?

The SCC is the final court of appeal for all cases from the provincial, territorial and federal courts.

What does the principle of legislative supremacy mean?

Ultimate authority to make and unmake laws.

What is a convention?

Unwritten rules adhered to by government leaders out of fear of political backlash.

What does it mean to amend a document?

To formally change or modify a document.

What was Canada’s first constitution?

The BNA Act of the Constitution Act of 1867.

What was added to Canada’s Constitution in 1982?

Canadian Charter of Rights and Freedoms.

Define residual powers.

Any issue not delegated to the provinces.

What is the pith and substance doctrine used for?

Law's true purpose and effect, not just its wording.

Who drafted the Universal Declaration of Human Rights?

Post WW2, world leaders formed a new international organization to save succeeding generations from the scourge of war.

Describe what the reasonable limits clause is.

They can be limited in some circumstances.

What are Mahatma Gandhi, Martin Luther King Jr., Eleanor Roosevelt, Nelson Mandela, Cesar Chavez famous for?

Champions of human rights.

What does Constitutional Supremacy mean?

A nation’s constitution is the supreme law.

Outline the fight for medical assistance in dying in Canada.

Patients with terminal illness believe that constant suffering is a fate worse than death.

What is Canada’s history of legally accepting same-sex marriage?

The Civil Marriage Act.