Law / Challenge and Change: Exam review

Do laws ever change? Why? 

• Changes in society/societal values (views on drunk driving, same sex marriage)

• Technological changes (new laws regarding cyber crime)

• Demographic changes (the move from factory to city, women working)

Overall, what does the law attempt to strike a balance between? 

Law tries to strike a balance between individual rights and freedoms and the needs of society (public order and safety).

Give some examples of law from ancient societies.

Ancient societies like Babylon (Hammurabi’s Code), Rome, and Greece developed early legal systems that influenced modern law.

What impact have the three founding groups of Canada had on our law?

Indigenous peoples contributed early systems of governance, 

French influence created Quebec’s civil law system,

English influence shaped most of Canada’s legal system through common law and government structure.

What are the five main functions of law?

• Maintain order – keeps society organized and prevents chaos

• Protect rights and freedoms – ensures people’s rights are respected

• Set standards of behaviour – tells people what is legal and illegal

• Resolve disputes – provides a system to settle conflicts fairly

• Protect society – punishes wrongdoing and deters crime

What are the two main categories of law?

1. Substantive law identifies the rights and duties of a person of level of government.

Ex. the criminal code

2. Procedural law, outlines the methods that must be followed in enforcing substantive law

Ex. bail, trial dates

What document outlines what is considered a crime in Canada? What would this document reflect?

The Criminal Code of Canada outlines what is considered a crime in Canada, and it reflects society’s values and changing views of right and wrong.

1. Briefly describe the differences between summary, indictable, and hybrid offences.

Summary offences: are minor crimes, 

indictable offences: are serious crimes, 

hybrid offences: can be treated as either depending on the situation.

What are the two key elements of an offence? Do both of these need to be a present for a conviction? Explain.

The two elements of an offence are actus reus (guilty act) and mens rea (guilty mind), and both must be present for a conviction in most cases.

1. What is the difference between intent and motive?

• Intent = what a person meant to do or planned to do (their purpose at the time of the act).

• Motive = the reason why a person did something (their underlying cause or motivation).

What does the law define as a conspiracy?

• Conspiracy is an agreement between two or more people to commit an illegal act.

Who has the power to create criminal law in Canada?

The federal government (Parliament) has the power to create criminal law in Canada.

What is the highest court in Canada? What types of cases does it deal with?

The Supreme Court of Canada is the highest court and deals with constitutional issues, major legal questions, and appeals from lower courts.

Can the police arrest anyone they wish? What do they need?

No. Police need reasonable and probable grounds (or sometimes a warrant) to arrest someone, and they must follow proper procedures or evidence may be excluded in court.

What does a police officer need to do if they are first to arrive at a scene?

prioritize preserving life, securing the area, and identifying threats.

Is the average person able to make an arrest? Explain.

Yes, an average person can make a citizen’s arrest, but only if they witness a crime being committed or are protecting their property. Otherwise, they must call the police.

What is search incidental to arrest? Why would an officer do this?

Search incidental to arrest is a search done after a lawful arrest to find evidence or weapons and ensure safety.

When do the police need a search warrant? Does it need to be specific?

Police need a search warrant to search a private place, and it must be specific about where they can search and what they are looking for.

What rights does the accused have when they are detained?

• Right to be informed promptly of the reason for detention or arrest

• Right to speak to a lawyer immediately (and be told this right)

• Right to remain silent (no self-incrimination)

• Right to be brought before a judge and have a bail hearing within a reasonable time

What is a bail hearing? When are they held?

A bail hearing decides if an accused person is released or held in custody before trial, and it is held soon after arrest.

Explain the concept of reverse onus. When is it used?

• When the burden of proof is placed on the defense, not the crown

• This will happen if an accused commits a crime while out on bail for another

• It can also be used for more serious crimes like murder

What is the standard of proof in a civil case?

The standard of proof in a civil case is the balance of probabilities (more likely than not).

Can some crimes involve both a crime and a tort? Explain.

Yes. Some actions are both a crime and a tort because they can be prosecuted by the government and also sued for compensation.

Who carries the burden of proof in a civil case? Why?

In a civil case, the plaintiff carries the burden of proof because they are the one making the claim and must prove that their version of events is more likely true.

What advantages are there to having a small claims court?

• Faster and simpler process than higher courts

• Less expensive (lower legal fees)

• No need for complex legal procedures or lawyers in many cases

• Handles minor civil disputes efficiently (like money owed or property damage)

Civil law

law that deals with disputes between individuals or organizations, usually involving compensation rather than punishment.

Defendant

The person or organization being sued in a civil case or accused in a criminal case

Precedent

a previous court decision that is used to help decide similar cases in the future.

Rule of law

• Law is necessary and should be respected

• No one is above the law

• A person’s rights can not be taken away except as allowed by law

Criminalize

• To make an action or behaviour illegal, turning a previously legal activity into a criminal offence.

Legalize

To make an action, substance, or an item lawful by removing legal prohibition or establishing formal authorization

Willful blindness

• Pretending not to know something

• Someone delivers a package for someone who they know deals drugs

Plaintiff

The plaintiff is the person who brings a civil case to court.

Tort law

The area of law that deals with harm or injury caused by one person to another and provides compensation to the injured person.

Common law

law that is based on past court decisions (precedents) rather than laws written by Parliament.

Magna Carta

• The Magna Carta (1215) limited the king's power and established the rule of law and the right to a fair trial.

• Rule of Law – even the king must obey the law.

• Right to a Fair Trial – people cannot be punished without legal process.

Decriminalize

The process of reducing or removing criminal penalties (jail time) for a specific act, usually making it a civil offence punishable by fines instead

Statute of limitations

a law that sets a time limit for starting a legal action or lawsuit.

Appearance notice

a document issued by police that requires a person charged with an offence to appear in court at a specific time and place.

Define each of anthropology, psychology, and sociology

• Anthropology = humans and cultures

• Psychology = the individual mind and behaviour

• Sociology = society and groups of people

What is kinship?

Kinship is the social relationship between people who are connected by family ties, either through blood, marriage, or adoption.

Briefly describe psychoanalysis and behaviourism, including any names of prominent people associated with each

• Psychoanalysis: Behaviour is influenced by unconscious thoughts and childhood experiences. (Sigmund Freud)

• Behaviourism: Behaviour is learned through rewards, punishments, and environment. (John B. Watson, B. F. Skinner)

Describe neo-marzism

Neo-Marxists believe that social inequality continues because powerful groups use institutions such as schools, media, and governments to maintain their influence over society.

What are the three major sources of social change?

• Technology: Smartphones changed communication.

• Ideas: The women's rights movement changed gender roles.

• Events: COVID-19 changed work, education, and social interactions.

What do you have to change first, attitude or behaviour? Explain.

Behaviour usually changes before attitudes. Social change often occurs when people's actions are altered by new laws, technology, or social pressures. Over time, attitudes change to reflect these new behaviours.

What is cognitive dissonance? Give three examples.

Cognitive dissonance is the discomfort people feel when their actions conflict with their beliefs or values.

 Smoking

• A person knows smoking is harmful to their health.

• They continue to smoke anyway.

• To reduce the discomfort, they might say, "My grandfather smoked and lived to 90."

2. Cheating on a Test

• A student believes cheating is wrong.

• They cheat on a test to get a better mark.

• They justify it by saying, "Everyone else was doing it."

3. Environmental Behaviour

• A person believes climate change is a serious problem.

• They frequently drive short distances instead of walking.

• They tell themselves, "One person's actions won't make a difference."

What is the difference between developing and developed countries?

Developed countries have strong economies, advanced technology, and high living standards, while developing countries are still working toward economic growth and improved living conditions.

What three conditions must exist in order for a change to happen in society?

Social change happens when people recognize a problem in society, when there is shared awareness that the problem needs to be changed, and when individuals or groups organize and take action to create that change.

What are some impediments to change?

Impediments to change are factors such as tradition, inequality, lack of awareness, economic limitations, and fear of consequences that slow down or prevent social change from occurring.

What is alienation? How can this be both good and bad?

Alienation is the feeling of being disconnected from society or others; it can be harmful because it causes isolation, but it can also be beneficial because it encourages independent thinking and social change.

What is conformity? How can this be both good and bad?

Conformity is adjusting your behaviour or beliefs to fit in with a group; it can be beneficial because it promotes social order and cooperation, but harmful because it can suppress individuality and encourage people to follow harmful behaviours.

Why are men consistently earning more money than women in the workforce?

Seniority, women get stuck having to take maternity leave, types of jobs - women have trouble breaking into high level high paying jobs. (glass ceiling)

Give two arguments for and two against lowering welfare payments.

Supporters argue that lowering welfare payments encourages people to work and reduces government spending, while opponents argue that it increases poverty and can lead to greater social problems.

Give an example of systemic discrimination.

An example of systemic discrimination is women receiving fewer opportunities and lower pay than men due to policies and practices built into social institutions.

Contrast the dominant and alternative environmental paradigms.

The dominant environmental paradigm believes humans should use nature and its resources to improve society and the economy, while the alternative environmental paradigm believes humans should protect nature and use resources carefully so they are available for future generations. (Even if you are a business owner, you must run an ethical business)

How does new technology result in new stresses for people?

New technology can cause stress because people must constantly adapt to changes, learn new skills, and deal with the pressure of being constantly connected.

What impact has technology had on the Canadian family?

Technology has changed the Canadian family by making communication easier, allowing people to work and learn from home, and changing how family members spend time together.

What impact has technology had on the Canadian farm?

technology has made Canadian farming more efficient and productive by using machines, computers, and modern equipment to increase crop yields and reduce the need for manual labour.

What are some of the arguments for and against using genetically modified food?

Supporters argue that genetically modified foods increase crop yields and food quality, while opponents worry about possible health risks, environmental impacts, and ethical concerns.

Generally, what impact did the baby boom have on Canadian society?

The baby boom increased Canada’s population significantly, leading to greater demand for schools, jobs, housing, and healthcare, and it shaped economic and social development for decades.

How did the baby boom change education?

The baby boom increased student populations, causing Canada to build more schools and hire more teachers to meet the demand for education.

What brought an end to the baby boom?

The baby boom ended due to lower birth rates caused by increased access to birth control and changing social and economic roles in society.

What impact will the aging boomers have in Canada as we continue into the twenty-first century?

As baby boomers age, Canada will face increased healthcare and pension costs, a growing senior population, and potential labour shortages as more people retire.

What is the difference between fertility and fecundity?

Fertility = the actual number of children a woman or population has.

Fecundity = the biological ability to have children.

 How has the Canadian government intervened in fertility?

• The Canadian government has influenced fertility through child benefits, parental leave, and family planning programs that affect birth rates.

• (Baby bonus, child tax benefit, there has been some changes in government funding to put more money into IVF)

How can involuntary childlessness be one of the most traumatic experiences for a couple?

Involuntary childlessness can be traumatic because it may lead to grief, stress, and emotional distress for couples who want children but cannot have them.

Explain how positive and negative reinforcement is used in society.

Society uses positive reinforcement by rewarding good behaviour and negative reinforcement by removing unpleasant consequences when people behave appropriately.

Give examples of any two types of reproductive technologies.

Two types of reproductive technologies are IUI, where sperm is placed directly into the uterus, and IVF, where fertilization occurs in a laboratory before the embryo is implanted into the uterus.

How does gender socialization happen within the home?

Gender socialization happens within the home when parents and family members teach children gender roles through their expectations, behaviours, chores, toys, and treatment of boys and girls.

What other socialization agents might have an influence?

Other socialization agents that influence people include schools, peer groups, the media, religion, and the workplace.

What 3 models of health care do we use in Canada?

Medical model (medical prevention)

• Focuses on treating illness and curing disease using doctors, hospitals, and medication.

Social model

• Focuses on social factors that affect health (like income, housing, education, environment) and preventing illness by improving living conditions.

Health promotion model

• Focuses on encouraging healthy behaviours and prevention (like education campaigns about diet, exercise, smoking, etc.).

(Medical prevention, blank, and health promotion/ medical model, social model, health promotion model)

Contrast the medical intervention and health promotion models.

The medical intervention model treats disease after it occurs, while the health promotion model works to prevent illness by encouraging healthy behaviours and education.

What are the barriers to health care?

Barriers to health care include cost, long wait times, lack of access in rural areas, transportation difficulties, and language or information barriers that make it harder for people to receive care.

How might cost be the single biggest barrier to health care in the near future?

Cost may become the biggest barrier because health services are becoming more expensive and not all care is covered, making it harder for people to afford treatment.

Describe the key components of a single tier and two tier health care system

A single-tier system is government-funded and provides equal access to medically necessary care for everyone, while a two-tier system combines public care with private options where people can pay for faster or additional services.

Status

Status is a person’s social position in society that comes with certain expectations, and it can be ascribed (given at birth) or achieved (earned).

Role

A role is the set of behaviours and responsibilities expected from a person based on their status in society.

LICO

LICO (Low Income Cut-Off) is a measure used to identify families who are likely in poverty because they spend a high proportion of their income on basic necessities.

Systemic discrimination

Systemic discrimination is discrimination that is built into society’s systems and institutions, leading to unequal treatment of certain groups even without direct intent.

Modernity

Modernity is a stage of society marked by industrialization, technology, and a shift toward science, rational thinking, and individualism.

Nomadic

Nomadic describes a way of life where people do not have a permanent home and move from place to place to find food, water, or resources.

Dependency load

Dependency load is the number of dependents (children and seniors) compared to the working-age population who support them.

Involuntary childlessness

Involuntary childlessness is when a couple cannot have children even though they want to, often because of medical or fertility problems.

Voluntary childlessness

Voluntary childlessness is when a person or couple chooses not to have children for personal or lifestyle reasons.

Socialization

Socialization is the process of learning society’s values, norms, and behaviours to become a functioning member of society.

Prejudice

Prejudice is a preconceived attitude or judgment about a person or group that is not based on actual experience or knowledge.

Skinner

B.F. Skinner was a psychologist who developed behaviourism and showed that behaviour is learned through reinforcement and punishment.

Role conflict

Role conflict happens when a person has two or more roles that clash with each other, making it difficult to meet the expectations of both.

Norms

Norms are the informal and formal rules or expectations that guide how people are expected to behave in a society or group.

Anarchists

Anarchists are individuals who believe society should function without government or authority.

Cultural lag

Cultural lag is the delay in society’s values and rules adjusting to new technological or social changes.

Baby boom

The baby boom was a period after World War II when birth rates increased significantly, leading to rapid population growth.

Fertility

Fertility is the actual number of children a woman or population has.

Stem cells

Stem cells are cells that can develop into different types of cells and are used to repair or replace damaged tissue.

Discrimination

Discrimination is the unfair treatment of a person or group based on characteristics such as race, gender, age, religion, or ability, often resulting in unequal access to opportunities or resources.

Jung

Carl Jung was a psychologist who studied the unconscious mind and developed the idea of the collective unconscious and archetypes.

Mead

George Herbert Mead was a sociologist who said the self develops through social interaction and learning social expectations.

Enculturation

Enculturation is the process by which a person learns the values, beliefs, norms, and behaviours of their own culture, usually from family and society starting at a young age.

Deviance

Deviance is behaviour that goes against the norms or rules of a society.

Pluralism

Pluralism is a society where many different cultural groups live together with equal respect and acceptance.