Podcast
Questions and Answers
Which of the following is NOT a socio-economic factor that can lead to a change in law?
Which of the following is NOT a socio-economic factor that can lead to a change in law?
- Technological advancements
- Changes in values
- The price of tea (correct)
- Increased space exploration
The Charter of Rights and Freedoms was established in 1992
The Charter of Rights and Freedoms was established in 1992
False (B)
What legal action can be taken in court when a law is found to violate the Charter of Rights and Freedoms?
What legal action can be taken in court when a law is found to violate the Charter of Rights and Freedoms?
The court can declare the law unconstitutional and strike it down.
The increase in population between the 1930s and 2000s, which tripled, led to more ______ requiring new laws
The increase in population between the 1930s and 2000s, which tripled, led to more ______ requiring new laws
Match the individual with their respective action or contribution to legal change:
Match the individual with their respective action or contribution to legal change:
Which of the following best describes the concept of Parliamentary Supremacy?
Which of the following best describes the concept of Parliamentary Supremacy?
According to natural law theory, human laws should ideally contradict natural laws to foster a well-functioning society.
According to natural law theory, human laws should ideally contradict natural laws to foster a well-functioning society.
What is the primary difference between a custom and a convention?
What is the primary difference between a custom and a convention?
The principle that judges operate independently of the government is known as ______.
The principle that judges operate independently of the government is known as ______.
Match the following historical influences with their contributions to Canadian law:
Match the following historical influences with their contributions to Canadian law:
Which of these concepts has had a big impact on human rights legislation?
Which of these concepts has had a big impact on human rights legislation?
Positive law theorists believe that justice is achieved through the natural order of things.
Positive law theorists believe that justice is achieved through the natural order of things.
According to legal realism, how should law be examined?
According to legal realism, how should law be examined?
What was the primary goal of Bill 101?
What was the primary goal of Bill 101?
The 1980 Quebec referendum resulted in a clear victory for the separatist movement.
The 1980 Quebec referendum resulted in a clear victory for the separatist movement.
What key event led to increased support for separatism in Quebec between the 1980 and 1995 referendums?
What key event led to increased support for separatism in Quebec between the 1980 and 1995 referendums?
The _______ Act was put forth by liberal federalists to clarify the rules for a province to separate from Canada.
The _______ Act was put forth by liberal federalists to clarify the rules for a province to separate from Canada.
Match the following individuals with their roles during the Quebec referendums:
Match the following individuals with their roles during the Quebec referendums:
What was a key concern for Natives in the Quebec during the 1995 referendum regarding separation of Quebec from Canada?
What was a key concern for Natives in the Quebec during the 1995 referendum regarding separation of Quebec from Canada?
The Clarity Act was embraced by the Quebec government as it gave a clear avenue towards sovereignty.
The Clarity Act was embraced by the Quebec government as it gave a clear avenue towards sovereignty.
What were two key powers the Quebec government wanted in the 1980 referendum?
What were two key powers the Quebec government wanted in the 1980 referendum?
Which of the following was NOT a reason for the League of Nation's failure?
Which of the following was NOT a reason for the League of Nation's failure?
The International Court of Justice (ICJ) can hear disputes involving organizations.
The International Court of Justice (ICJ) can hear disputes involving organizations.
What is the main objective of the League of Nations?
What is the main objective of the League of Nations?
The ICJ is composed of 15 judges who serve a _______ year term.
The ICJ is composed of 15 judges who serve a _______ year term.
Match the following cases with the countries involved:
Match the following cases with the countries involved:
What is one of the two primary roles of the International Court of Justice?
What is one of the two primary roles of the International Court of Justice?
The ICJ can enforce its judgments through the Security Council, but permanent members can veto any enforcement measures.
The ICJ can enforce its judgments through the Security Council, but permanent members can veto any enforcement measures.
What are two examples of issues that the ICJ provides advisory opinions on?
What are two examples of issues that the ICJ provides advisory opinions on?
Under the UN charter, which of the following is generally considered an acceptable justification for the use of force?
Under the UN charter, which of the following is generally considered an acceptable justification for the use of force?
The UN Security Council can authorize the use of force to end unjust hostilities.
The UN Security Council can authorize the use of force to end unjust hostilities.
What is a core concept behind deterrence theory?
What is a core concept behind deterrence theory?
The 1974 UN declaration provided a definition of ______.
The 1974 UN declaration provided a definition of ______.
Match the following scenarios with their acceptability under international law regarding the use of force:
Match the following scenarios with their acceptability under international law regarding the use of force:
What did the Royal Proclamation of 1763 state regarding Aboriginal land?
What did the Royal Proclamation of 1763 state regarding Aboriginal land?
The Indian Act of 1876 recognized Aboriginal self-government.
The Indian Act of 1876 recognized Aboriginal self-government.
What was the primary goal of the White Paper of 1969 regarding Aboriginal people?
What was the primary goal of the White Paper of 1969 regarding Aboriginal people?
Claims based on the fact that there is still Aboriginal title of land are called ______ Land Claims.
Claims based on the fact that there is still Aboriginal title of land are called ______ Land Claims.
Match the following cases with their significance:
Match the following cases with their significance:
According to the content, what is state sovereignty?
According to the content, what is state sovereignty?
The White Paper of 1969 was fully embraced by Aboriginal leaders.
The White Paper of 1969 was fully embraced by Aboriginal leaders.
What is Affirmative Action?
What is Affirmative Action?
Flashcards
Technological Changes
Technological Changes
The growth of technology, such as transportation advancements, multinational businesses, globalization, and space exploration, can lead to new laws or changes in existing ones.
Demographic Changes
Demographic Changes
Population shifts and changes, like an increase in emigration, can necessitate new laws to address the evolving needs of a society.
Changes in Values
Changes in Values
Changes in societal values, as seen in the aftermath of WWII, can lead to the development of new laws to protect human rights and punish crimes against humanity.
National Emergencies
National Emergencies
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Challenging Laws in Court
Challenging Laws in Court
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Parliamentary Supremacy
Parliamentary Supremacy
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Case Law
Case Law
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Customs
Customs
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Conventions
Conventions
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Natural Law
Natural Law
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Positive Law
Positive Law
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Judicial Independence
Judicial Independence
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Legal Realism
Legal Realism
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Royal Proclamation of 1763
Royal Proclamation of 1763
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Indian Act, 1876
Indian Act, 1876
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The White Paper, 1969
The White Paper, 1969
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Specific Land Claims
Specific Land Claims
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Comprehensive Land Claims
Comprehensive Land Claims
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State Sovereignty
State Sovereignty
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Security Council Authorization
Security Council Authorization
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Self-Defense
Self-Defense
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Deterrence Theory
Deterrence Theory
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Justified Use of Force (Just War)
Justified Use of Force (Just War)
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Military Deterrence
Military Deterrence
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Bill 101 (Charter of the French Language)
Bill 101 (Charter of the French Language)
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Notwithstanding Clause
Notwithstanding Clause
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Quebec Referendum (1980)
Quebec Referendum (1980)
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Constitution Act, 1982
Constitution Act, 1982
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Quebec Referendum (1995)
Quebec Referendum (1995)
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Clarity Act
Clarity Act
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Aboriginal Treaties
Aboriginal Treaties
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Aboriginal Title
Aboriginal Title
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What was the League of Nations?
What was the League of Nations?
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Why did the League of Nations fail?
Why did the League of Nations fail?
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What is the International Court of Justice (ICJ)?
What is the International Court of Justice (ICJ)?
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What is the ICJ's jurisdiction?
What is the ICJ's jurisdiction?
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What types of cases does the ICJ hear?
What types of cases does the ICJ hear?
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What are some challenges faced by the United Nations?
What are some challenges faced by the United Nations?
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What would a world government look like?
What would a world government look like?
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What would be the challenges of a world government?
What would be the challenges of a world government?
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Study Notes
Chapter 1 - Changes in Law
- Factors leading to changes in law include technological advancements (transportation, globalization, space exploration), demographic shifts (population growth, emigration), and changes in societal values (e.g., awareness of human rights abuses).
- Examples include the need for laws related to increasingly frequent international travel, multi-national business operations, and protection against crimes (genocide, crimes against humanity).
- Individuals can challenge laws through court cases, arguing that laws violate rights (Charter of Rights and Freedoms).
- Successfully challenging laws in court can lead to their removal or modification.
- Examples include prisoner voting rights and abortion rights.
- Change can also result from individual action (voting), or organized action by lobbying groups.
- Lobby groups may represent a cause or interest, such as the Canadian Association for Chiefs of Police and the campaign against tobacco use.
Chapter 2 - Sources of Law
- Religion, particularly Judeo-Christian values, has historically influenced Canadian law and continues as reflected in Canada’s Charter of Rights and Freedoms.
- Religious and historical influences include Greek democracy, Roman law, Aboriginal traditions, and British common law.
- Customs and conventions are powerful contributors to law. Customs are long-standing practices, and conventions are less formalized agreements that influence laws.
Chapter 3 - Theories of Law
- Natural law and positive law are two distinct theories of law.
- Natural law refers to eternal principles believed to regulate the natural world whereas positive law refers to laws created by people in power.
- Natural law theorists believe that just laws reflect natural principles.
- Positive law theorists believe that the authority to write laws resides with the state.
Chapter 6 - Human Rights in Canada
- Key laws and documents (e.g., the Charter of Rights and Freedoms) establish human rights protections in Canada.
- Four mechanisms exist to ensure human rights enforcement: the Charter, the Canadian Human Rights Act, provincial human rights legislation, and human rights commissions or tribunals.
- Laws can be challenged on human rights grounds (e.g., discrimination based on gender identity).
- Federal agencies are subject to the same discrimination protections as the private sector.
- Canada's history has included instances of human rights violations.
- International laws and documents (e.g., the UN Charter, treaties) influence the protection of human rights at the international level.
Chapter 7 - Majority and Minority Rights
- The French-English conflict in Canada has involved differing uses of the English and French languages, differing cultural practices, and varying interpretations about Canada's future.
- Quebec separatist movements (e.g., Quebec Referendums) have resulted from differing interests on national unity.
- Legislation (e.g., the Charter of the French Language) and actions have been taken to safeguard and enhance the French language and culture in some areas of Canada.
Chapter 16 - Principles of International Law
- State sovereignty, the right of a country to govern itself, is a crucial concept in international law.
- International law regulates how countries interact, but sometimes that involves differing interpretations by countries about their own sovereignty.
- Disputes between countries might be resolved through international legal mechanisms and tribunals (or arbitration).
Chapter 17 - International Organizations
- The League of Nations was an international peace-keeping organization created after World War 1, but failed to prevent future international conflict.
- The UN is another international organization built to preserve peace and achieve international collaboration in order to solve global problems.
- International courts play an important role internationally.
Chapter 18 - International Law and Common Heritage
- The concept of jurisdictional boundaries is central to states’ interaction.
- Disputes over territory might be resolved by international legal bodies or agreed-upon international frameworks.
Chapter 19 - Military Conflict and Conflict Resolution
- Important questions include how to approach peaceful conflict resolution and what international frameworks/mechanisms exist to help prevent or resolve conflicts.
- The use of force requires authorization and is frequently complicated by competing considerations between nations.
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