Grade 12 unit 1 law

Rule of law meaning

All people, organizations, and governments must follow the law. No individual is above the law

Freedom meaning

Being able to speak, act, think, and change without restraint

Morality (public vs private)

Public morality is shared moral values that society expects its members to follow, while private morality is an individuals own personal system of ethics and values

Democracy meaning

A government run by the people, gives every citizen a say in how the country is run

Rights meaning

What you are allowed to do or get from others. A privilege

Duty meaning

What you’re supposed to do for others. A responsibility

Retributive justice meaning

Focuses on punishing a person for a crime or violation that they committed

Distributive justice meaning

Focuses on everyone getting their share of resources. Fair allocation of goods, and benefits

Equality vs equity

Equality is when everyone is equal in treatment, status and value while equity is fair treatment because different people have different needs to make them have the same chances as others

Jurisprudence meaning

The scientific study, knowledge, philosophy of law

Stare decisis meaning

Courts must follow past decisions when deciding new, similar cases

Ratio Decidendi Meaning

The main legal reason a judge gives for their final decision in a case

Ultra vires meaning

Acting without the legal power or authority to do so

Intra vires meaning

Having the proper authority to act

legal formalism concept

the idea that the law is a strict set of rules that must be followed exactly

spirit of the law concept

looks at the true purpose, and goal behind a rule, rather than just its exact wording.

legal realism concept

the law is what judges actually do in court, not just the words written on paper.

Feminist Jurisprudence concept

the legal system upholds political, economic, and social inequality for women.

sociological jurisprudence concept

Legal decisions should be judged based on the effects they will have on society.

popular morality theory concept

The voice of the community should shape a court's decisions in difficult cases.

theory of critical morality concept

decisions of the legal system should follow the most defensible, most reasonable view offered by the community, not necessarily the will of the majority.

critical legal studies concept

The law itself is not neutral and objective; it reflects struggles among factions within society

virtue jurisprudence concept

believe the purpose of law is to promote the development of virtuous behaviour by citizens.

marxist political theory concept

The law is merely a tool of the ruling classes, the rich and powerful. Believe that the law is slanted, biased, and not a device for achieving social justice.

Divine Law

the earliest form of law. believe that all laws came directly from God

Natural Law

Laws are derived from the natural world, and people can become aware of these laws through the use of reason. Civil disobedience is justified if human laws violate the laws of nature

positive law

Law is a body of rules formulated by the state, and that citizens are obliged to obey the law for the good of the state as a whole.

socrates

taught through questioning instead of lecturing

believed that everything should be questioned

he didnt leave anything written down

plato

believed that Law should act as a guide and be a measure of justice

the law

the law acted as a moral guide for society.

believed that it was just to disobey an unjust law

hobbes

believed humans are naturally selfish, competitive, and driven by fear.

believed the sovereign must hold absolute power.

locke

believes that humans are naturally free, equal, and rational

believes that the law must protect natural rights

bentham

believes that laws are valid if they provide the greatest good for the greatest number

believes that humans naturally seek pleasure and avoid pain

aristotle

believes only through thinking and reason, unaffected by senses and emotions, could humans find and understand justice.

civil vs criminal law

civil - resolves a dispute between the two parties; the jury is 6 people; the jury is decided by a majority; compensation is given to the victim if the defendant is found liable; the plaintiff must collect proof; the plaintiff brings the defendant to court

criminal - the Crown files criminal charges against the defendant; the jury is 12 people; the jury is decided unanimously; if found guilty, a criminal sentence is imposed; to be guilty, the proof must be beyond a reasonable doubt; the Crown must provide proof

substantive law

defines the rights, duties, and obligations of of all people in society

procedural law

presribes the rules for enforcing the rights and obligations from substantive law

statute law

laws passed by elected representatives in parliment

the backbone of the legal system

case law

laws established by judicial decisions

constitutional law

defines the divison of powers between federal and provincial governments

administrative law

involves government agencies that oversee the relationship between citizens and government

public law

individual vs the state

private law

individual vs individual

tort law

civil wrongs, one person causes harm to another (e.g. negligence)

property law

anything that has value

regulates the use, enjoyment, and rental of property

primary sources of law

customs: long -established ways of doing things passed down naturally

religion: most laws are based on mosaic law (ten commandments)

Social and political: laws are what citizens think is right and proper, innovation can force regulation

secondary sources of law

the constitution: the basic building blocks for all other laws, reflects different values

statutes: acts enabled by elected politicians

court decision: judges explain their reason for deciding and then the law applies throughout the entire jurisdiction then becomes a basis for similar court cases

purposes of law

to provide order, provide protection, and provide a mechanism for dispute resolution