CLN4U Law Exam Review - January 2024

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Questions and Answers

Which branch of government is responsible for implementing laws?

  • Legislative
  • Municipal
  • Executive (correct)
  • Judicial

The Senate is part of the Judicial branch of government.

False (B)

What level of government is primarily responsible for healthcare?

Provincial

The _____ branch of government settles disputes and clarifies the law.

<p>Judicial</p> Signup and view all the answers

Match the following governmental powers with their corresponding level:

<p>National Defense = Federal Education = Provincial Parks = Municipal Criminal Law = Federal</p> Signup and view all the answers

What event in 1931 allowed Canada to have the Supreme Court as the highest court in the land?

<p>Statute of Westminster (C)</p> Signup and view all the answers

Municipal governments are responsible for managing garbage and recycling services.

<p>True (A)</p> Signup and view all the answers

In which year was the Constitution patriated?

<p>1982</p> Signup and view all the answers

What is the main function of the UN Security Council?

<p>Maintaining international peace and security (C)</p> Signup and view all the answers

The Trusteeship Council is currently operational and oversees trust territories.

<p>False (B)</p> Signup and view all the answers

Name one non-government organization that focuses on human rights.

<p>Human Rights Watch</p> Signup and view all the answers

The __________ serves as the administrative arm of the United Nations.

<p>Secretariat</p> Signup and view all the answers

Match the following UN bodies with their primary functions:

<p>General Assembly = Main decision-making body of the UN International Court of Justice = Settles legal disputes between countries Economic and Social Council = Promotes international cooperation on economic, social, and environmental issues Security Council = Maintains international peace and security</p> Signup and view all the answers

Which of the following NGOs focuses on development and humanitarian assistance?

<p>Oxfam (D)</p> Signup and view all the answers

The International Court of Justice is located in Paris, France.

<p>False (B)</p> Signup and view all the answers

What is the role of the Economic and Social Council within the UN?

<p>It promotes international cooperation on economic, social, and environmental issues.</p> Signup and view all the answers

What does Section 13 state regarding testifying as a witness?

<p>Witnesses cannot have incriminating evidence used against them. (C)</p> Signup and view all the answers

Keegstra's teachings about Jewish people were found to be protected under Section 2(b) of the Charter.

<p>False (B)</p> Signup and view all the answers

What must be proven for someone to apply for a remedy in the courts under Section 24?

<p>Rights have been infringed upon.</p> Signup and view all the answers

William Whatcott's flyers promoted __________ against LGBTQ+ individuals.

<p>hatred</p> Signup and view all the answers

Match the case with its primary issue:

<p>Keegstra = Anti-Semitic teachings Whatcott = Anti-LGBTQ+ messages</p> Signup and view all the answers

What was the Supreme Court's ruling regarding Whatcott's actions?

<p>Partially deemed as hate speech. (C)</p> Signup and view all the answers

Hate speech can always be freely expressed without limitations under the Charter.

<p>False (B)</p> Signup and view all the answers

Which section of the Criminal Code was Keegstra charged under?

<p>Section 319</p> Signup and view all the answers

What was one primary goal of the White Paper in 1969?

<p>To assimilate Indigenous individuals into Canadian life (A)</p> Signup and view all the answers

The Indian Act allowed Indigenous peoples to produce, possess, and sell liquor without any restrictions.

<p>False (B)</p> Signup and view all the answers

What does section 25 of the Charter of Rights and Freedoms entail regarding Indigenous rights?

<p>It states that other rights in the Charter must not interfere with the rights of Indigenous peoples.</p> Signup and view all the answers

The process of increasing the representation of groups that have suffered discrimination is known as __________.

<p>Affirmative Action</p> Signup and view all the answers

What was a significant concern for Indigenous peoples regarding the White Paper?

<p>Losing their unique status and land claims (B)</p> Signup and view all the answers

What is reverse discrimination?

<p>It refers to advancing one group's interest by treating others unfairly.</p> Signup and view all the answers

International law consists of agreements and laws that __________ sign and enter into.

<p>countries</p> Signup and view all the answers

Match the following elements to their definitions:

<p>Affirmative Action = Increasing representation for discriminated groups Indian Act = Legislation governing Indigenous peoples' rights Charter of Rights and Freedoms = Document ensuring legal rights in Canada International Law = Agreements between countries</p> Signup and view all the answers

What does equity mean in the context of resources?

<p>Resources are given based on individual needs for success. (D)</p> Signup and view all the answers

Morality only influences personal beliefs and is not related to law.

<p>False (B)</p> Signup and view all the answers

Define humanity in the context of law.

<p>Humanity involves treating others with respect, fairness, and compassion, recognizing the rights and freedoms of individuals.</p> Signup and view all the answers

Utilitarianism states that the right action is the one that produces the most ______ for the most people.

<p>happiness</p> Signup and view all the answers

Match the concepts with their definitions:

<p>Equality = Treating everyone the same Equity = Providing resources based on individual needs Morality = Beliefs about right and wrong Humanity = Treating others with respect and compassion</p> Signup and view all the answers

Which of the following best describes equality?

<p>Treating everyone the same without regard for individual needs. (A)</p> Signup and view all the answers

Humanity is unrelated to human rights laws.

<p>False (B)</p> Signup and view all the answers

What are duties in the context of law?

<p>Duties are obligations such as obeying laws, paying taxes, and respecting the rights of others.</p> Signup and view all the answers

According to Aristotle, what is one of the main roles of law?

<p>To control human passions (A)</p> Signup and view all the answers

Thomas Hobbes believed that people should be allowed to enforce laws themselves.

<p>False (B)</p> Signup and view all the answers

What did John Locke consider the natural rights of individuals?

<p>Life, liberty, and property</p> Signup and view all the answers

Thomas Aquinas identified four kinds of laws, one of which is _____ Law.

<p>Natural</p> Signup and view all the answers

Match the philosophers with their main theories:

<p>Plato = Philosophy of Forms John Stuart Mill = Utilitarianism Karl Marx = Class struggle theory Feminism = Law as an instrument of oppression against women</p> Signup and view all the answers

Which philosopher proposed that laws should maximize the greatest good for the greatest number?

<p>Jeremy Bentham (C)</p> Signup and view all the answers

Feminist jurisprudence argues that laws have historically treated women equally to men.

<p>False (B)</p> Signup and view all the answers

What is the role of Divine Positive Law according to Aquinas?

<p>It is the law revealed in the scriptures.</p> Signup and view all the answers

John Stuart Mill argued that actions are right in proportion as they promote _____ .

<p>happiness</p> Signup and view all the answers

What did Thomas Aquinas identify as one of the four types of law?

<p>Natural Law (B)</p> Signup and view all the answers

The primary purpose of law, according to Hobbes, is to protect natural law rights.

<p>False (B)</p> Signup and view all the answers

Which type of philosophers consider law an instrument of class oppression?

<p>Marxists</p> Signup and view all the answers

According to Locke, government authority is granted through the _____ of the people.

<p>consent</p> Signup and view all the answers

What concept did John Austin contribute to the theory of Utilitarianism?

<p>Laws must be evaluated on an objective standard. (A)</p> Signup and view all the answers

Flashcards

Duties

Things you are legally required to do, like obeying laws, paying taxes, and respecting others' rights.

Equality

Treating everyone the same, giving equal opportunities and resources, regardless of individual needs.

Equity

Treating people fairly by providing what they need to succeed, even if it means giving different resources or support.

Morality

Personal beliefs and cultural standards about right and wrong.

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Humanity

Treating others with respect, fairness, and compassion.

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Utilitarianism

A philosophy where the right action benefits the most people and minimizes harm.

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Human Rights Laws

Laws that protect people's basic rights to dignity and well-being, ensuring fair treatment from both others and the government.

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Morality & Law

Laws are often based on moral principles, but not all moral ideas become laws.

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Right to Silence

The right to silence prevents incriminating evidence from being used against a person testifying as a witness.

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Right to an Interpreter

A trial participant or witness can access an interpreter to understand proceedings.

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Enforcement of Rights

If someone's rights are violated, they can seek a remedy in court.

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Keegstra Case

Keegstra was charged under Canada's hate speech law for anti-Semitic teachings in his classroom.

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Keegstra's Argument

Keegstra argued that the hate speech law violated his freedom of expression.

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Supreme Court Decision on Keegstra

The Supreme Court upheld the hate speech law, limiting Keegstra's freedom of speech to prevent harm.

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Whatcott Case

Whatcott was found guilty of promoting hate speech through anti-LGBTQ+ flyers he distributed.

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Whatcott's Arguments and The Outcome

Whatcott claimed his actions were protected by freedom of expression and religion but the Supreme Court ruled that hate speech harms others and is not protected.

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Executive Branch

The branch of government responsible for implementing laws passed by the legislative branch. It's made up of the Prime Minister and their cabinet ministers.

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Judicial Branch

This branch of government resolves legal disputes and clarifies the meaning of laws. It acts as a neutral third party.

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Legislative Branch

The branch of government responsible for creating, accepting, or rejecting laws. It includes the Senate and the House of Commons.

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Division of Powers

The division of powers between the federal, provincial, and municipal levels of government, outlining their specific areas of responsibility.

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Federal Responsibilities

Areas of responsibility assigned to the federal government, including national matters like trade, defense, and criminal law.

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Provincial Responsibilities

Areas of responsibility assigned to provincial governments, including matters like health, education, and natural resources.

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Municipal Responsibilities

Areas of responsibility assigned to municipal governments, including local services and infrastructure.

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Constitutional Influences

Significant events that have shaped Canada's constitutional development, leading to greater autonomy and independence.

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Affirmative Action

A policy that aims to increase the representation of groups that have faced discrimination. It allows for discrimination if it benefits a group that has been historically disadvantaged.

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Constitution Act, 1982 - Section 35

A legal document that outlines the rights of Indigenous Peoples in Canada. It guarantees that the Charter of Rights and Freedoms won't infringe on their unique rights, emphasizing their collective identity and rights.

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Indian Act

A law that gave the federal government the power to make decisions regarding Indigenous health care, education, and social services, while also imposing restrictions on alcohol consumption.

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White Paper, 1969

An attempt by the federal government to assimilate Indigenous people into mainstream Canadian society. This involved ending the distinction between Indigenous and non-Indigenous Canadians and promoting individual rights over collective rights.

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International Law

Agreements or laws that countries agree to follow. However, their enforceability depends on each country's commitment to upholding them.

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Reverse Discrimination

Treating one group more favorably than another, even if it means being unfair to the other group. This is sometimes used to address past injustices.

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International Law

The legal framework that governs relationships between states, including treaties, international organizations, and customary practices.

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Treaties

Formal agreements between countries that are legally binding. These agreements address specific issues and create obligations for the participating nations.

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What is an NGO?

A non-governmental organization (NGO) is a group that works independently from any government, aiming to achieve social or political goals. They often focus on specific issues like human rights, environmental protection, or poverty relief.

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What is the UN?

The United Nations (UN) is an international organization that promotes cooperation and peace among its member countries. It works on a wide range of issues, including security, development, and human rights.

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What is the General Assembly?

The General Assembly is the main decision-making body of the UN. It's where all 193 member countries have equal representation, discussing issues and making decisions.

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What is the Security Council?

The Security Council is responsible for maintaining international peace and security. It has 15 members, including 5 permanent ones (USA, Russia, China, France, UK) with veto power.

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What is the Secretariat?

The Secretariat is the administrative arm of the UN. It handles everyday tasks, led by the Secretary-General, and supports the other UN organs.

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What is ECOSOC?

The Economic and Social Council (ECOSOC) promotes international cooperation on economic, social, and environmental issues. It coordinates UN efforts to achieve sustainable development and improve lives worldwide.

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What is the ICJ?

The International Court of Justice (ICJ) is the UN's main judicial body. It settles legal disputes between countries and gives legal guidance to UN organs.

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Where is the ICJ located?

The International Court of Justice (ICJ) is based in the city of The Hague, Netherlands. It is the main judicial body of the UN.

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Rationalism

The process of using reason and observation to analyze the natural world. It forms the basis of modern scientific methods.

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Human Nature in Aristotle's Philosophy

A belief that humans are inherently social creatures and cannot achieve goodness solely through education. People can be categorized into those born good, those who can be made good through education, and those ruled by their passions.

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Eternal Law

The body of laws governing the universe, created and maintained by God. Humans cannot fully understand it because it's beyond their comprehension.

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Natural Law

The way natural law operates in humans. We use reason to understand and observe its principles in the world.

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Examples of Natural Law

Examples of natural law: Parents caring for their children, individuals striving to preserve their lives, and avoiding harm to others.

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Divine Positive Law

Laws revealed through scriptures, such as the Ten Commandments.

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Human Positive Law

Laws created by humans to maintain a functioning society. These laws are codified and enforced through punishments.

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Hobbes' View of Government & Law

The idea that the purpose of government is to control the state and maintain order, not necessarily to defend natural rights. It's based on the belief that humans are naturally violent.

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John Locke's Natural Rights

Natural rights and natural laws defined by John Locke: Life, liberty, and property. No one should violate these rights.

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Marxism and Law

The theory that law is an instrument of oppression used by the ruling class against the working class.

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Feminist Jurisprudence

A legal theory that argues law has historically been used to oppress women by men. It's based on the feminist movement and highlights differences in treatment between men and women.

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Federal Government's Law-making Power in Canada

The law-making power of the federal government in Canada, allowing them to create laws for the good of the entire country.

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Constitutional Law

The system of governing Canada, including the executive, legislative, and judicial branches. It defines the structure of the country's government.

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Study Notes

CLN4U Law Exam Review - January 24th

  • Democracy: A system of government where the people hold power, either directly or by choosing representatives. It's based on the "power of the people."
  • Sovereignty: The supreme power of a state to govern itself without external interference. This includes controlling its territory, laws, and decision-making.
  • Jurisdiction: The official power of a legal body (e.g., court or government) to make decisions and enforce laws within a specific area or over certain subjects. It can be based on geography (e.g., a country) or the type of case.
  • Rights: Things individuals are allowed to do or have, such as voting, freedom of speech, and privacy. These are protected by law.
  • Duties: Responsibilities individuals must follow by law, ensuring they act fairly and respectfully towards others.
  • Equality: Treating everyone the same, providing everyone with the same resources and opportunities, regardless of individual needs.
  • Equity: Treating people fairly by providing what they need to succeed; this might involve different resources or support based on individual needs.
  • Morality: Personal beliefs and cultural standards about right and wrong. Often influenced by culture, religion, and society. Moral principles may - but don't always - guide laws.
  • Humanity: Treating others with respect, fairness, and compassion. Involves recognizing the rights and freedoms of others.
  • Utilitarianism: A philosophy that states the right action produces the most happiness or benefits for the most people.
  • Deontology: An ethical theory that says actions are right or wrong based on rules or duties, not outcomes.

Unit Two - Charter of Rights and Freedoms

  • Section 1: Reasonable Limits Clause: Rights are not absolute; they can be limited if the limitation is justified, necessary, and proportionate to the situation.
  • Section 33: Notwithstanding Clause: Allows the federal or provincial government to pass laws that infringe on Charter rights (section 2, 7, 15) but with a 5-year limit, possibility of renewal for another 5 years.

Unit Three - International Law and Treaties

  • International Law: Laws and agreements between countries, providing a framework for interactions (e.g., trade, war). The strength of these laws depend on the country's willingness to adhere to them
  • Treaties: Agreements between countries outlining specific actions, intentions, and consequences. Examples include the Royal Proclamation, Geneva Conventions, etc.
  • Economic Sanctions: Restrictions or penalties imposed by countries to pressure another country or group.
  • Trade Boycotts: Refusal to engage in trade with another country or group.
  • Trade Embargoes: Government bans on trade with a specific country or region.

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