Common Law and Justice Principles Quiz
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Questions and Answers

What is the main purpose of common law?

  • To promote the goals of society by enacting legislation.
  • To protect persons and possessions through punishment and deterrence.
  • To provide a method to settle disputes peacefully.
  • To establish a set of rules based on previous court decisions and precedents. (correct)
  • Which of the following is NOT a characteristic of justice, as outlined in the content?

  • Ensuring that the law applies to everyone equally and impartially.
  • Promoting the use of force as a means of resolving disputes. (correct)
  • Treating like cases alike and different cases differently.
  • Avoiding discrimination based on irrelevant characteristics.
  • What is the primary difference between written laws and common law?

  • Written laws are only applicable in specific regions, while common law is universal.
  • Written laws are based on precedent, while common law is based on societal values.
  • Written laws are established by government, while common law is determined by courts. (correct)
  • Written laws are less important than common law in determining legal outcomes.
  • Which of the following is an example of a written law?

    <p>A local ordinance prohibiting parking on certain streets. (D)</p> Signup and view all the answers

    What is the significance of the Magna Carta in relation to the rule of law?

    <p>It asserted that the king was subject to the law, not above it. (B)</p> Signup and view all the answers

    Which legal system places the presiding judge in a more active role, directly questioning witnesses and directing the search for evidence?

    <p>Inquisitorial system (C)</p> Signup and view all the answers

    What is the concept of the 'Golden Thread' within the adversarial legal system?

    <p>The group of principles that ensure a fair trial, including the presumption of innocence, proof beyond reasonable doubt, and the right to remain silent (C)</p> Signup and view all the answers

    What is the significance of 'Habeas Corpus' in legal proceedings?

    <p>It prohibits holding a person without a lawful reason and enables them to challenge it (D)</p> Signup and view all the answers

    Which of the following is NOT a characteristic of Natural Law?

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

    According to the philosophies of Natural Law, why did Aristotle feel that there was a need for law?

    <p>To force people to live according to their reason rather than their passions (B)</p> Signup and view all the answers

    What is the meaning of 'promulgation' in the context of law?

    <p>The official publication of the law making it obligatory (D)</p> Signup and view all the answers

    What is the purpose of the principle of 'due process of law'?

    <p>To ensure the government respects the legal rights of individuals under the law (C)</p> Signup and view all the answers

    What was the impact of the Napoleonic Code?

    <p>It served as a categorization and codification of civil laws. (B)</p> Signup and view all the answers

    How did the early European settlers perceive the legal systems of Aboriginal peoples?

    <p>They dismissed them as lacking intellect and considered their oral traditions as foreign and inferior (D)</p> Signup and view all the answers

    Which legal principle reflects a belief in restoring justice with the offender taking responsibility for their actions?

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

    According to Thomas Aquinas, what is the relationship between natural law and human law?

    <p>Human law that conflicts with natural law does not need to be obeyed. (D)</p> Signup and view all the answers

    What is the central premise of Legal Positivism?

    <p>Laws are established by the authority of the state and must be obeyed regardless of morality. (C)</p> Signup and view all the answers

    What is a key characteristic of Hobbes’ ‘state of nature’?

    <p>A chaotic environment where individuals act purely out of self-interest without regard for others. (B)</p> Signup and view all the answers

    According to Lockean philosophy, what justification do people have for rebelling against their government?

    <p>When the government infringes upon citizens' natural rights, including life, liberty, and property. (D)</p> Signup and view all the answers

    What is the central tenet of utilitarianism, as proposed by Jeremy Bentham?

    <p>Laws should be judged based on their ‘utility to society’ by promoting happiness and pleasure. (B)</p> Signup and view all the answers

    Which legal theory emphasizes that laws are not neutral and can reflect biases of powerful social groups?

    <p>Critical Legal Studies (A)</p> Signup and view all the answers

    What is the essence of John Stuart Mill's 'harm principle'?

    <p>The only justification to restrict individual actions is to prevent harm to others. (D)</p> Signup and view all the answers

    According to the 'Law Based on Economics' theory, which of these factors are considered when evaluating a law?

    <p>Its functional benefits in resource allocation (A)</p> Signup and view all the answers

    What was John Austin's primary view on the connection between law and morality?

    <p>Law and morality should be seen as separate concepts. (C)</p> Signup and view all the answers

    According to Marx, how is law used by the ruling class?

    <p>As a tool to suppress the working class and maintain the status quo. (A)</p> Signup and view all the answers

    What is the central argument made by Feminist Jurisprudence?

    <p>Laws are tools used by men to oppress women and perpetuate gender inequality. (C)</p> Signup and view all the answers

    Which characteristic best describes Legal Formalism?

    <p>Law is a science that should be applied strictly by judges without any flexibility or consideration of social policy. (C)</p> Signup and view all the answers

    A core tenet of Critical Race Theory is that racism is:

    <p>Embedded in legal systems and societal structures. (C)</p> Signup and view all the answers

    What is the core concept of Legal Realism?

    <p>Law is what happens when judges interpret and apply it, and it is therefore flexible in interpretation. (C)</p> Signup and view all the answers

    What does the concept of 'legal indeterminacy' in Critical Legal Studies suggest?

    <p>Opposing conclusions can be reached using standard legal arguments. (C)</p> Signup and view all the answers

    According to the content, what is a key argument made by Critical Legal Studies regarding social change and the law?

    <p>Laws will only change when the powerful become interested in the needs of the less fortunate. (C)</p> Signup and view all the answers

    In legal realism, what is seen to primarily influence a judges decision in any case?

    <p>The personality, morals, and social background of the judge. (C)</p> Signup and view all the answers

    Which of the following represents the concept of 'partial invalidity' when courts are reviewing a law?

    <p>The court declares only the unconstitutional parts of the law invalid and leaves the rest in place. (B)</p> Signup and view all the answers

    Within the context of the 'Reasonable Limits Clause' (s1), what is evaluated when looking at a rational connection between a limitation of rights and the objective of legislation?

    <p>If there is a meaningful connection between the limitation and desired objective (A)</p> Signup and view all the answers

    Which theory focuses on historical bias to explain current societal inequality?

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

    Which of the following best describes the 'reading down' approach used by courts in relation to the Charter?

    <p>Interpreting legislation narrowly to align it with the Charter. (B)</p> Signup and view all the answers

    What is the primary purpose of Section 33, the 'Notwithstanding Clause,' in the context of Canadian law?

    <p>To allow a provincial legislature to pass laws that may be inconsistent with the Charter. (B)</p> Signup and view all the answers

    Which of the following is NOT a limitation on freedom of religion and conscience?

    <p>The right to practice any religion, regardless of its impact on others. (A)</p> Signup and view all the answers

    Which of the following is an example of 'state-sanctioned' discrimination?

    <p>A government passing a law that limits voting rights based on ethnicity. (B)</p> Signup and view all the answers

    What is 'systemic discrimination' primarily characterized by?

    <p>Discriminatory policies and practices embedded within an organization. (B)</p> Signup and view all the answers

    Which scenario exemplifies 'direct discrimination'?

    <p>A business refusing to hire a job-seeker because of their race. (D)</p> Signup and view all the answers

    What does the term 'Bona Fide Occupational Requirement' (BFOR) refer to?

    <p>A legally recognized requirement that is directly related to the essential duties of a job. (C)</p> Signup and view all the answers

    What is the main premise of the 'duty to accommodate' in employment law?

    <p>To adjust job conditions or content to enable a worker to meet job requirements, short of causing undue hardship to employer. (B)</p> Signup and view all the answers

    What does the Charter right to freedom of thought, belief, and opinion mean?

    <p>Individuals can hold any opinion they wish and express it without fear of reprisals. (C)</p> Signup and view all the answers

    Which of the following is an example of 'reading in' in the context of Charter interpretation?

    <p>Expanding the scope of law to include groups that have been excluded. (B)</p> Signup and view all the answers

    Which principle asserts that nation-states can establish laws within their own territories without external interference?

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

    What is the primary distinction between 'power' and 'authority'?

    <p>Authority is formal and legitimate, while power is neither (C)</p> Signup and view all the answers

    Which of the following best describes 'equity' in the context of law?

    <p>Departing from strict application of the law in the interest of fairness. (A)</p> Signup and view all the answers

    What is the term for the official power to make legal decisions and judgements, which can be limited by subject matter, time, and location?

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

    What is the concept that describes the lawfulness of something, emphasizing proper, fair, and ethical paths?

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

    Which of the following best describes the concept of 'equality' within the legal system?

    <p>Treating everyone uniformly, under the rule of law (B)</p> Signup and view all the answers

    What is the primary focus of laws?

    <p>To apply the values of the community (B)</p> Signup and view all the answers

    Which approach to international dispute resolution involves a non-binding report after a committee conducts inquiries?

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

    What is considered a primary source of law, as opposed to a secondary source?

    <p>Philosophical views and ideologies (B)</p> Signup and view all the answers

    What is the ratio decidendi in the context of legal decisions?

    <p>The legal principle or reasoning behind a judgement (D)</p> Signup and view all the answers

    Which of the following best describes the 'private harm principle'?

    <p>Intervention when actions cause direct harm to individuals. (C)</p> Signup and view all the answers

    The 'community standards test' is used to determine what?

    <p>Whether material is obscene (A)</p> Signup and view all the answers

    What does the concept of 'ownership' primarily entail?

    <p>Having full legal rights to possess, use and control a property. (A)</p> Signup and view all the answers

    What does the term stare decisis refer to in a legal context?

    <p>The principle of following precedents set in past judicial decisions. (D)</p> Signup and view all the answers

    What is the concept described as being 'kindness towards humankind' and linked to a basic ethics of selflessness?

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

    Which of these is NOT a characteristic of treaties?

    <p>They are always bilateral. (A)</p> Signup and view all the answers

    What does 'arbitrary detention' typically violate?

    <p>Basic human rights and freedoms. (A)</p> Signup and view all the answers

    Which historical event is credited with establishing the concept of sovereign states with defined boundaries?

    <p>The Treaty of Westphalia (B)</p> Signup and view all the answers

    In which scenario does a third party make a binding decision?

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

    What does the preamble to the Canadian Charter recognize?

    <p>Recognizes the supremacy of God and the rule of law. (A)</p> Signup and view all the answers

    What was the purpose of the Lords Day Act?

    <p>To mandate a day of rest by closing businesses on the Sabbath. (C)</p> Signup and view all the answers

    Which of the following is primarily considered a public right?

    <p>The right to use public highways. (B)</p> Signup and view all the answers

    What is a key difference between arbitration and conciliation?

    <p>Arbitration results in a binding ruling, while conciliation does not. (C)</p> Signup and view all the answers

    What are laws defined as?

    <p>Written norms that regulate government and citizen actions. (D)</p> Signup and view all the answers

    What is the primary goal of legal paternalism?

    <p>To protect individuals from self-inflicted harm. (D)</p> Signup and view all the answers

    In the context of Canadian law, what was the primary legal issue with the Lord's Day Act?

    <p>It imposed a specific religious practice on all citizens. (D)</p> Signup and view all the answers

    What does the concept of 'intra vires' refer to?

    <p>A law that is within the jurisdiction of the government. (D)</p> Signup and view all the answers

    How does a 'precedent' in case law influence future legal decisions?

    <p>It sets a mandatory principle that all similar cases must follow. (D)</p> Signup and view all the answers

    What is the significance of the 'Gayanashawagowa' within aboriginal law?

    <p>It is a written constitution demonstrating codified justice. (C)</p> Signup and view all the answers

    What is 'stare decisis'?

    <p>The principle of following legal rules in previous case laws. (D)</p> Signup and view all the answers

    Which of the following best describes the role of 'conventions' in a legal/political system?

    <p>They are formal, unwritten rules that guide decision-making. (C)</p> Signup and view all the answers

    What is the primary distinction between 'statute law' and 'case law'?

    <p>Statute law originates from elected representatives, while case law originates from judges. (D)</p> Signup and view all the answers

    What is the main idea behind the concept of 'restorative justice'?

    <p>To restore the existing order and repair the damage to victims. (A)</p> Signup and view all the answers

    Which of the following is an example of 'custom' becoming law?

    <p>The principle of diplomatic immunity. (C)</p> Signup and view all the answers

    According to the material, how does constitutional law affect the other kinds of law?

    <p>It provides a basis for the legal system and overrides other laws. (B)</p> Signup and view all the answers

    In the Code of Hammurabi, what was a common factor in determining the severity of punishment?

    <p>The social standing of the victim and the offender. (A)</p> Signup and view all the answers

    What principle did the Roman legal system introduce to the world?

    <p>The concept of equality before the law. (C)</p> Signup and view all the answers

    What is an example of a legal development that came from British influence?

    <p>The concept of rule of law, and an adversarial system with appointed judges. (B)</p> Signup and view all the answers

    How does the author describe the relationship between societal values and law?

    <p>Laws should be in line with the social, political, economic and cultural beliefs. (B)</p> Signup and view all the answers

    Where does statute law originate?

    <p>From written laws created by federal and provincial legislatures. (A)</p> Signup and view all the answers

    O'Malley's case regarding her work schedule resulted in which key legal concept being recognized?

    <p>Adverse effect discrimination (D)</p> Signup and view all the answers

    Which of the following best describes the definition of harassment according to the Ontario Human Rights Commission (OHRC)?

    <p>Engaging in a course of vexatious comments or conduct that is known, or should reasonably be known, to be unwelcome (B)</p> Signup and view all the answers

    What is the primary focus of Section 15(1) of the Canadian Charter of Rights and Freedoms?

    <p>Preventing governments from making distinctions that perpetuate disadvantage based on specific grounds (C)</p> Signup and view all the answers

    Which statement accurately describes the Jim Crow laws?

    <p>A collection of state and local statutes that legalized racial segregation (D)</p> Signup and view all the answers

    What was the original, central goal of the Indian Act?

    <p>To assimilate First Nations people into broader Canadian society (C)</p> Signup and view all the answers

    Based on John Rawl’s theory of justice, what is the key focus?

    <p>Every individual has an equal right to basic liberties (C)</p> Signup and view all the answers

    How is Section 15(2) of the Canadian Charter typically used?

    <p>As a defense by the government when a program is challenged based on differential treatment (B)</p> Signup and view all the answers

    What is the main purpose of including affirmative action programs in section 15(2) of the charter?

    <p>To protect government programs that benefit specific disadvantaged groups from being deemed discriminatory (C)</p> Signup and view all the answers

    What did Emperor Justinian consider to be the essence of justice?

    <p>The constant wish to render every man his due (B)</p> Signup and view all the answers

    How did Plato define Justice?

    <p>A social consciousness that ensures harmony and consistency in society (A)</p> Signup and view all the answers

    According to Mill, what is the main criteria for justice?

    <p>Upholding legal rights is paramount in justice as well as their moral right (A)</p> Signup and view all the answers

    What is the primary focus of distributive justice?

    <p>The equitable distribution of resources and wealth (C)</p> Signup and view all the answers

    Which of the following is an example of a program based on distributive justice?

    <p>A basic income allowance (D)</p> Signup and view all the answers

    Which of the following best characterizes procedural justice?

    <p>Fair application of rules and processes (A)</p> Signup and view all the answers

    What is the significance of the idea of 'fair play' in the context of justice?

    <p>It is closely tied to the concept of procedural justice (D)</p> Signup and view all the answers

    What is a key factor in people accepting an imbalance in what they receive, according to the text?

    <p>The perception that a fair process was used in determining distribution. (A)</p> Signup and view all the answers

    What approach does restorative justice primarily focus on?

    <p>Resolving wrongdoings by prioritizing the well-being of the victim. (C)</p> Signup and view all the answers

    Which of the following is a central tenet of retributive justice?

    <p>Treating individuals as they have treated others through punishment. (B)</p> Signup and view all the answers

    In the context of justice, what is a key difference between the focus of restorative and retributive approaches?

    <p>Restorative justice emphasizes problem-solving, while retributive justice focuses on establishing blame. (C)</p> Signup and view all the answers

    What is the primary characteristic of domestic law?

    <p>It specifies behaviors, penalties, and enforcement within a nation. (C)</p> Signup and view all the answers

    What is a primary purpose of international law?

    <p>To govern the relationships between countries. (C)</p> Signup and view all the answers

    What is the concept of state sovereignty in international law?

    <p>Each nation has complete control over its territory, people, and government. (C)</p> Signup and view all the answers

    Why is international law often considered less effective than domestic law?

    <p>International law lacks specified behaviors, penalties and enforcement mechanisms (D)</p> Signup and view all the answers

    Why do nations often obey international laws?

    <p>To seek acceptance from the international community. (A)</p> Signup and view all the answers

    What does the principle of pacta sunt servanda mean in the context of international law?

    <p>Agreements and stipulations of contracts must be observed. (A)</p> Signup and view all the answers

    Which of these factors could be considered a challenge to international law?

    <p>Differing national cultures and beliefs as well as domestic laws. (D)</p> Signup and view all the answers

    How does the concept of 'crime' differ between restorative and retributive justice, as described in the content?

    <p>Restorative justice sees crime as a violation against individuals and the community, while retributive justice views it as an abstract violation. (A)</p> Signup and view all the answers

    What limitation of retributive justice is highlighted in the content?

    <p>Its effectiveness in changing behavior and deterring crime. (A)</p> Signup and view all the answers

    Which of the following is NOT a characteristic of restorative justice?

    <p>Primary focus on establishing blame or guilt. (D)</p> Signup and view all the answers

    The text mentions the American refusal to ratify certain UN conventions. What does this example illustrate?

    <p>The challenges presented by differing domestic laws. (B)</p> Signup and view all the answers

    Which of the following is NOT a component of the rule of law?

    <p>Government officials must be exempt from laws (C)</p> Signup and view all the answers

    What is the main purpose of jurisprudence?

    <p>To understand and predict legal outcomes (B)</p> Signup and view all the answers

    Which of the following correctly describes one of the three principles of the rule of law?

    <p>No one in society can have unlimited power (A)</p> Signup and view all the answers

    In Canada, how are laws typically changed?

    <p>When a legislature passes new legislation or courts adopt a new law (C)</p> Signup and view all the answers

    Which of the following factors does NOT drive change in law?

    <p>Increased training for legal professionals (B)</p> Signup and view all the answers

    What role do lobby groups play in the legal system?

    <p>They influence public opinion and policy (C)</p> Signup and view all the answers

    What is the significance of the rule of law for social and economic outcomes?

    <p>It leads to greater peace and improved economic conditions (C)</p> Signup and view all the answers

    What is one function of royal commissions and commissions of inquiry?

    <p>To investigate incidents of national concern (D)</p> Signup and view all the answers

    Study Notes

    Law and Its Purposes

    • Law is a system of rules and regulations designed to govern societal interactions, aiming for order and fairness through reason instead of brute force. Different societies may have varying definitions of civilization and justice.
    • Laws are written as bills, debated, and enacted by governments.
    • Common/case law is built on precedents from past court rulings. Decisions become written law, affecting all levels of courts, including federal courts. The Supreme Court's decisions are binding. Decisions from other provinces are considered, but all courts are equal within their respective jurisdictions.

    Purposes of Law

    • Providing order in society
    • Offering peaceful dispute resolution methods
    • Promoting societal goals
    • Protecting individuals and their possessions through punishment and deterrence
    • Treating similar cases alike and differing cases differently.
    • Requiring that no one is above the law, applying it impartially to all.
    • Preventing discrimination based on irrelevant factors.
    • Balancing conflicting rights within the frameworks of societal values.

    The Rule of Law

    • First articulated in the Magna Carta (1215), outlining that even the king is subject to the law.
    • This principle requires governments and individuals to adhere to established legal structures. Adherence to rule of law improves economic growth, peace, education, and health outcomes.
    • Seven key components include no one being above the law, government actions based on law, clear laws, accessibility of laws, respect for human rights, impartial courts, and transparent lawmaking processes by established democratic bodies.
    • Three core principles are: law's necessity for social order; no one above the law; and limits on individual/institutional power based on law.

    What is Jurisprudence?

    • Jurisprudence, derived from Latin "juris" (law) and "prudens" (skilled), signifies knowledge and skill of law.
    • It's the philosophy of law and helps predict future legal developments.
    • Jurists are experts in law and study it from a philosophical standpoint.

    What Drives Change in Laws?

    • Demographic shifts, technological advancements, changing values, and national emergencies.
    • Conditions conducive to beneficial law changes include rule of law, democratic governance, and an independent judiciary.
    • Individuals and lobby groups actively seek to influence laws via advocacy and lobbying to represent societal opinions.
    • Royal commissions/commissions of inquiry conduct investigations to advise the government.
    • Democracy: Citizens hold governmental power through voting. A form of government subject to international interpretation and possible criticism of minority subjugation.
    • Sovereignty: Countries have control over their laws within their territory. Sovereignty was established through the 1648 Treaty of Westphalia. Challenges to sovereignty emerged during the Second World War.
    • Jurisdiction: Refers to specific parameters where authority is exercised. Courts have jurisdiction over cases based on subject matter, time, location and specific entities involved. It's more limited than sovereignty, which refers to broader national boundaries.
    • Power and Authority: Similar but distinct. Power is the ability to act, while authority is the legal right to act.
    • Legitimacy: Lawfulness, fairness, morality, and ethics in lawmaking and enforcement.
    • Ownership: Legal title and control over property.
    • Equality and Equity: Equality treats all equally, while equity considers fairness, adapting to specific cases.
    • Humanity/Morality: Humanity emphasizes compassion, while morality defines right and wrong based on religious, cultural, and social beliefs. Laws reflect the values and preferences of the communities they are set in.

    Laws and Justice

    • Laws are formal rules, while justice is a conceptual principle. Laws govern actions, while justice determines what is deserved. Justice is the application and enforcement of laws through courts and legal institutions.

    Sources of Law

    • Primary Sources: Ideologies, philosophical trends, customs, and historical influences shaping legal systems.
    • Primary Sources Include: Religions, philosophies, customs, conventions, and historical impacts. A significant influence on Canadian laws were British laws of previous centuries.
    • Religion's Role-in Law: Though Canada does not have a formal separation of Church and State, most laws have some religious influences.
    • Historical Roots: Greek influence (jury trials), Roman influence (codes and law professionals), and Aboriginal influence (restorative justice and governance systems).
    • British Influence: British common law, adversarial system, rule of law and parliamentary system.
    • French Influence: Napoleonic Code influencing civil law elements.
    • Customs & Conventions: Repeated customs and formalizations of practices (e.g., diplomatic immunity).

    Secondary Sources of Law

    • Constitutional Law: The supreme law providing the foundation for the legal system in a country. It determines government structure and authority.
    • Statute Law: Legislation enacted by legislative bodies (federal and provincial legislatures). Statute law takes precedence over case law, but subordinate to constitutional law.
    • Common / Case Law: Law developed via judicial decisions, forming precedents.
    • Stare Decisis - The principle of following previous legal decisions in similar cases.
    • Adversarial System: Used in many democratic countries; opposing parties present evidence to a neutral judge.
    • Inquisitorial System: The judge actively investigates evidence, while lawyers take a more passive role, mostly guiding the judge’s inquiries.
    • Feudal System: Unequal application of laws based on social position.
    • Circuit Courts: Traveling judges.
    • Habeas Corpus: Preventing unlawful imprisonment.

    Substantive and Procedural Law:

    • Substantive Law: Defines rights, duties, and prohibitions. Governs behaviours (e.g., criminal law).
    • Procedural Law: Specifies legal process—how the law is to be applied (e.g., court procedures).

    Due Process of Law

    • Government respecting legal rights in legal processes.

    Aboriginal Influences

    • Aboriginal legal systems included principles of restorative justice (reparation/healing justice). European arrival led to conflicts over land and resource rights.

    Sources of International Law

    • Agreements/Treaties: Treaties and conventions – bilateral or multilateral agreements between countries.
    • Challenges: Varying cultures, sovereignty concerns, and potential difficulties in enforcement.
    • Dispute Resolution: Negotiation, mediation, conciliation, arbitration, and adjudication.

    International v. Domestic Law

    • International law is voluntary, based on treaties, with limited enforcement mechanisms.
    • Legal Formalism: Law is a body of objective rules.
    • Legal Realism/Pragmatism: Law results from judicial interpretation; judges are influenced by societal and personal factors.
    • Critical Legal Studies: Law reflects power dynamics, protecting established interests.
    • Feminine Jurisprudence: Law reflects male biases, impacting women.
    • Law and Economics: Law's function as resource allocation.
    • Critical Race Theory: Race is a social construct, with systemic biases in law.
    • Section 1: Reasonable Limits Clause: Limits on rights can be justified in relation to societal interests.
    • Remedies under S1: Possible court actions including striking down, partial invalidity, reading down, reading in, constitutional exemptions.
    • Section 33: Notwithstanding Clause: Provincial legislative power to override portions of the Charter.
    • Conscience and Religion: Freedom of conscience and religion, limited to the extent that rights of others are not infringed.
    • Thought, Belief, Opinion & Expression: Freedom, with limitations on speech that may harm others.
    • Peaceful Assembly and Association: Right to gather and form associations.

    Types of Discrimination

    • State-sanctioned discrimination: Government-supported differential treatment.
    • Systematic/unofficial discrimination: Discriminatory policies/practices.
    • Direct (intentional) discrimination: Open, intentional use of prohibited grounds.

    Employment and Human Rights

    • Bona Fide Occupational Requirements (BFORs): Job requirements that relate to a prohibited ground, but related to the performance of the job.
    • Duty to accommodate: Providing necessary modifications to job conditions to meet the needs of individuals with disabilities, without impacting undue employer hardship.
    • Harassment: Unwelcome comments/conduct known/suspected to be unwelcome.

    Natural Law

    • Properties of Natural Law: Universal, Unchangeable, Obligatory, Indispensable, Recognizable.
    • Sources: Charter of Rights & Freedoms, Universal Declaration of Human Rights
    • Positive Law: Laws enacted by the state, regardless of morality.
    • Utilitarianism (Bentham, Mill): Laws' effectiveness based on their benefit to society.
    • Hobbes, Locke, Rousseau's philosophies: Views on the role of law in society and relationships between individuals and states.
    • Stare Decisis: Principle of following established precedents when dealing with similar cases.
    • Ratio Decidendi: Reasoning for a legal decision.
    • Dissents: Minority opinions and disagreements among judges during decision-making processes.
    • Arbitrary Detention: Unlawful arrest or imprisonment.
    • Private Harm Principle: Preventing harm to individuals.

    Justice

    • Distributive Justice: Equitability in resource distribution.
    • Procedural Justice: Fair and consistent process.
    • Restorative Justice: Focus on repairing harm and restoring community well-being.
    • Retributive Justice: Focus on punishment and retribution.

    Comparative Justice Systems

    • Comparative Analysis: Different approaches to justice and law, highlighting their similarities and differences.

    Other Topics

    • Jim Crow laws: Racial segregation laws in the U.S.
    • Indian Act: Legislation controlling Aboriginal people and communities.
    • Affirmative Action Programs: Government programs designed to redress past discrimination and promote equality–potentially controversial.
    • Natural Law and Historical Philosophers (Socrates, Plato, Aristotle, Aquinas): Philosophical approaches to natural law and their impacts.
    • Critical Race Theory: Recognizing that racism is systemic and impacting policymaking and resource allocation.
    • Historical Influences on Law: Ancient Greek, Roman, and Aboriginal influences on current legal systems.

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    Description

    Test your knowledge on the principles of common law and justice. This quiz covers key concepts such as the significance of the Magna Carta, the differences between written laws and common law, and the philosophies of Natural Law. Challenge yourself on various aspects of legal systems and their implications.

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