Podcast
Questions and Answers
What is the difference between substantive law and procedural law?
What is the difference between substantive law and procedural law?
The Canadian legal system follows both the civil law system and the common law system.
The Canadian legal system follows both the civil law system and the common law system.
True
Private law, also known as civil law, governs the relationships and disputes between ______ individuals or entities.
Private law, also known as civil law, governs the relationships and disputes between ______ individuals or entities.
private
What type of law outlines the legal process that must be followed for a search or seizure to be lawful?
What type of law outlines the legal process that must be followed for a search or seizure to be lawful?
Signup and view all the answers
In an adversarial system, the judge decides the case based on arguments, facts, proof, and evidence.
In an adversarial system, the judge decides the case based on arguments, facts, proof, and evidence.
Signup and view all the answers
What is the burden of proof in civil cases?
What is the burden of proof in civil cases?
Signup and view all the answers
In a deductive argument, if the premises are true, the conclusion is ________ true.
In a deductive argument, if the premises are true, the conclusion is ________ true.
Signup and view all the answers
Match the fallacy type with its description:
Match the fallacy type with its description:
Signup and view all the answers
Which theory suggests that each person should focus exclusively on his or her self-interest?
Which theory suggests that each person should focus exclusively on his or her self-interest?
Signup and view all the answers
According to Divine Command Theory, good actions are those aligned with God's will.
According to Divine Command Theory, good actions are those aligned with God's will.
Signup and view all the answers
What is the main focus of Kantianism?
What is the main focus of Kantianism?
Signup and view all the answers
ACT utilitarianism is based on the principle of utility, which measures the tendency of an object to produce ________ or prevent unhappiness for an individual or a community.
ACT utilitarianism is based on the principle of utility, which measures the tendency of an object to produce ________ or prevent unhappiness for an individual or a community.
Signup and view all the answers
What is Rule Utilitarianism?
What is Rule Utilitarianism?
Signup and view all the answers
Utilitarianism ignores the problem of an unjust distribution of good consequences.
Utilitarianism ignores the problem of an unjust distribution of good consequences.
Signup and view all the answers
According to Thomas Hobbes, what must rational people understand to avoid a 'state of nature'?
According to Thomas Hobbes, what must rational people understand to avoid a 'state of nature'?
Signup and view all the answers
_______ are a character trait that prevents a human being from flourishing or being truly happy.
_______ are a character trait that prevents a human being from flourishing or being truly happy.
Signup and view all the answers
Match the following theories with their key concepts:
Match the following theories with their key concepts:
Signup and view all the answers
Study Notes
Law and the Canadian Legal System
- A law is a body of rules that can be enforced, with a punishment if not complied with.
- Not all rules are laws, as laws have legal backing and formal enforcement mechanisms.
Types of Law
- Substantive Law: deals with the "what" of the law, defining rights, duties, and liabilities.
- Procedural Law: deals with the "how" of the law, outlining the process of enforcing rights and duties.
Categories of Law
- Public Law: deals with the relationship between individuals and the government.
- Private Law: governs relationships between individuals, including contracts, property, and family law.
Legal Systems
- Common Law: evolves through case-by-case decisions, establishing patterns and precedents for future cases.
- Civil Law: based on codified laws and statutes, providing a more systematic and predictable legal framework.
Sources of Law
- Constitutional Law: consists of the Constitution Act, 1867, and the Constitution Act, 1982.
- Legislation: laws created by federal and provincial legislatures, including acts and statutes.
- Common Law: judicial decisions and precedents set by courts.
- Equity: principles of fairness and justice that supplement the common law.
- Bills: proposed laws that have not yet been passed by the legislature.
Hierarchy of Precedents
- A lower court must follow a relevant precedent created by a higher court within the same jurisdiction.
- The higher the court that created the precedent, the more valuable the decision.
Constitution
- The Constitution divides powers between the federal government and the provincial governments.
- The federal government has authority over matters of national concern, while the provinces have authority over areas that affect them directly.
- To change or amend the constitution, an amending formula is required, involving approval from both the federal government and a certain number of provinces.
Levels of Government in Canada
- Federal Government: responsible for matters of national concern, with a legislative, executive, and judicial branch.
- Provincial Government: responsible for matters that affect them directly, with a legislative, executive, and judicial branch.
- Municipal Government: responsible for local matters, with a legislative and executive branch.
Judicial Branch
- Supreme Court of Canada: the highest court in the country, with the final say on constitutional and federal matters.
- Provincial Supreme Court: deals with larger civil claims and more serious criminal matters.
Adversarial System
- A system in which a judge decides the outcome of a case, based on arguments, facts, and evidence presented by the parties involved.
Criminal Law
- Deals with crimes against the state, with a focus on punishing the offender.
- The burden of proof is on the prosecution, which must prove the defendant's guilt "beyond a reasonable doubt".
Civil Law
- Deals with disputes between individuals or entities, with a focus on restoring the injured party to their original position.
- The burden of proof is on the plaintiff, which must prove the case by a "preponderance of the evidence".
Logic and Argumentation
- Argument: a group of propositions that lead to a conclusion, with the goal of convincing someone with evidence.
- Deductive Argument: starts with general premises and moves towards a specific conclusion, with a certain outcome.
- Inductive Argument: starts with specific observations and moves towards broader generalizations, with a probable outcome.
- Fallacy: an incorrect argument in logic, with mistakes in structure or reasoning.
- Fallacies of Relevance: attempts to prove a conclusion by offering irrelevant considerations.
- Fallacies of Presumption: mistakes in assuming something is true or not true.### Legal Systems
- Paramountcy: when federal and provincial governments share jurisdiction, federal law is paramount (superior)
- Convention: international agreement between countries to follow certain rules in relation to legal issues; treaties on matters of law
- Injunction: court order requiring one party to perform a specific action or to refrain from performing a specific action
Forensic Evidence
- Illustrative evidence: drawing
- Demonstrative evidence:
- Real evidence:
- Oral evidence: presentation of evidence in court, including testimony
Cloud Digital Forensics
- Problems in cloud digital forensics:
- Boundaries: unclear jurisdiction
- Multiple locations: laws may not be applicable
- Multiple tenancy: data may be compromised
- Privacy: data may be inaccessible
- Limited access to cloud: may cause delay in investigation
Living in Communities
- Benefits of community life:
- More secure against external dangers
- Facilitate exchange of goods and services
- Higher standard of living from economic specialization
- Opportunities for fulfilling personal relationships
- Costs of community life:
- Certain actions are prohibited
- Other actions are obligatory
- Nonconformance can lead to punishment
The Ethical Point of View
- Core values:
- Life
- Happiness
- Ability to accomplish goals
- Two ways to view the world:
- Selfish point of view: consider only one's own self and core values
- Ethical point of view: respect other people and their core values
- Ethical egoists: believe the fundamental moral unit is the individual and that they ought to always promote their own good
Society and Morality
- Definition of society: an association of people organized under a system of rules designed to advance the good of its members over time
- Definition of morality: a society's rules of conduct, what people ought or ought not to do in various situations
- Framework of values: derived from a theory or set of principles that concern good and bad, right and wrong, justice and fairness
Ethics
- Definition of ethics: the philosophical study of morality, a rational examination into people's moral beliefs and behavior
- Evaluation of people's behavior: focused on the voluntary, moral choices people make
- Rational, systematic analysis: conclusions must be supported by facts, shared values, and logic
Ethical Theories
- Subjective Relativism: not a workable theory
- Each person decides right and wrong for themselves
- Case against: makes no moral distinction between the actions of different people, decisions may not be based on reason
- Cultural Relativism: not a workable theory
- What is "right" and "wrong" depends on a society's actual moral guidelines
- Case against: does not explain how moral guidelines are determined, does not account for evolution of moral guidelines
- Divine Command Theory: not a workable theory
- Good actions are those aligned with God's will
- Case against: different holy books disagree, impractical because society is multicultural and secular
- Ethical Egoism: not a workable theory
- Each person should focus exclusively on their own self-interest
- Case against: leads to blatantly immoral behavior, other moral principles are superior to principle of self-interest
- Kantianism: a workable theory
- Immanuel Kant believed that people's actions ought to be guided by moral laws, and that these moral laws were universal
- Categorical imperative: act only from moral rules that you can at the same time will to be universal moral laws
- Act/Rule Utilitarianism: a workable theory
- Theory proposed by Jeremy Bentham and John Stuart Mill
- Principle of Utility: an action is right (or wrong) to the extent that it increases (or decreases) the total happiness of the affected parties
- Social Contract Theory: a workable theory
- Thomas Hobbes and Jean-Jacques Rousseau
- Morality consists in the set of rules, governing how people are to treat one another, that rational people will agree to accept, for their mutual benefit, on the condition that others follow those rules as well### Rights and Justice
- Kinds of rights:
- Negative right: a right that another can guarantee by leaving you alone
- Positive right: a right obligating others to do something on your behalf
- Absolute right: a right guaranteed without exception
- Limited right: a right that may be restricted based on circumstances
- Positive rights tend to be more limited, while negative rights tend to be more absolute
- John Rawls' Principle of Justice:
- Veil of ignorance: people must agree to principles before knowing their place in society
- Two principles:
- Each person has a claim to basic rights and liberties, as long as they are consistent with everyone else having the same rights and liberties
- Any social and economic inequalities must be associated with positions that everyone has a fair and equal opportunity to achieve, and be to the greatest benefit of the least-advantaged members of society (the difference principle)
Social Contract Theory
- Chief proponent: John Rawls
- Case for Social Contract Theory:
- Framed in language of rights
- Explains why people act in self-interest in absence of common agreement
- Provides clear analysis of citizen/government problems
- Case Against Social Contract Theory:
- No one signed social contract
- Some actions have multiple characterizations
- Conflicting rights problem
- May unjustly treat people incapable of upholding contract
Virtue Ethics
- Ethical framework developed by ancient Greeks, including Socrates, Plato, and Aristotle
- Focuses on moral education, wisdom, family and social relationships, and the role of emotions
- Key concepts:
- Arete or virtue: reaching one's highest potential
- Intellectual virtues: virtues associated with reasoning and truth
- Moral virtues: virtues of character, developed by habitually performing right actions
- Virtues are character traits that human beings need to flourish and be truly happy
- Case for Virtue Ethics:
- Focuses on virtues rather than obligations, rights, or consequences
- Recognizes personal relationships as morally relevant
- Emotions play an important role in living a moral life
- Case Against Virtue Ethics:
- Reasonable people may disagree on character traits needed for human flourishing
- Cannot use virtue ethics to guide government policy
- Virtue ethics undermines attempts to hold people responsible for their bad actions
Other Ethical Concepts
- Objectivism: can refer to universal ethics or a particular school of thought based on Ayn Rand's theories
- Ethical objectivism: morality has an existence outside the human mind
- Relativism: morality is a human invention, focusing on the idea that there are no fixed positions in ethics
- Moral imperialism: imposing one's moral standards on others
- Normative ethics: prescriptive, telling us what people ought to do
- Descriptive ethics: observes behavior, telling us what people actually do
- Double effect: the problem of multiple results emerging from a good intention
- Deontology: duty-based ethical theories, considering outcomes immaterial or secondary to a moral assessment
- Thomas Aquinas: Italian monk who espoused Natural Law Theory, reconciling Aristotle's Virtue Ethics with Christian theory
- Natural Law Ethics: a subset of universal ethics, attempting to reconcile Value Ethics with Catholic doctrine
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Description
Explore the basics of law, types of law, and their enforcement mechanisms in the Canadian legal system. Learn about the differences between substantive and procedural law.
