Podcast
Questions and Answers
What is the main purpose of common law?
What is the main purpose of common law?
Which of the following is NOT a characteristic of justice, as outlined in the content?
Which of the following is NOT a characteristic of justice, as outlined in the content?
What is the primary difference between written laws and common law?
What is the primary difference between written laws and common law?
Which of the following is an example of a written law?
Which of the following is an example of a written law?
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What is the significance of the Magna Carta in relation to the rule of law?
What is the significance of the Magna Carta in relation to the rule of law?
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Which legal system places the presiding judge in a more active role, directly questioning witnesses and directing the search for evidence?
Which legal system places the presiding judge in a more active role, directly questioning witnesses and directing the search for evidence?
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What is the concept of the 'Golden Thread' within the adversarial legal system?
What is the concept of the 'Golden Thread' within the adversarial legal system?
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What is the significance of 'Habeas Corpus' in legal proceedings?
What is the significance of 'Habeas Corpus' in legal proceedings?
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Which of the following is NOT a characteristic of Natural Law?
Which of the following is NOT a characteristic of Natural Law?
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According to the philosophies of Natural Law, why did Aristotle feel that there was a need for law?
According to the philosophies of Natural Law, why did Aristotle feel that there was a need for law?
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What is the meaning of 'promulgation' in the context of law?
What is the meaning of 'promulgation' in the context of law?
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What is the purpose of the principle of 'due process of law'?
What is the purpose of the principle of 'due process of law'?
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What was the impact of the Napoleonic Code?
What was the impact of the Napoleonic Code?
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How did the early European settlers perceive the legal systems of Aboriginal peoples?
How did the early European settlers perceive the legal systems of Aboriginal peoples?
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Which legal principle reflects a belief in restoring justice with the offender taking responsibility for their actions?
Which legal principle reflects a belief in restoring justice with the offender taking responsibility for their actions?
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According to Thomas Aquinas, what is the relationship between natural law and human law?
According to Thomas Aquinas, what is the relationship between natural law and human law?
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What is the central premise of Legal Positivism?
What is the central premise of Legal Positivism?
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What is a key characteristic of Hobbes’ ‘state of nature’?
What is a key characteristic of Hobbes’ ‘state of nature’?
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According to Lockean philosophy, what justification do people have for rebelling against their government?
According to Lockean philosophy, what justification do people have for rebelling against their government?
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What is the central tenet of utilitarianism, as proposed by Jeremy Bentham?
What is the central tenet of utilitarianism, as proposed by Jeremy Bentham?
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Which legal theory emphasizes that laws are not neutral and can reflect biases of powerful social groups?
Which legal theory emphasizes that laws are not neutral and can reflect biases of powerful social groups?
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What is the essence of John Stuart Mill's 'harm principle'?
What is the essence of John Stuart Mill's 'harm principle'?
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According to the 'Law Based on Economics' theory, which of these factors are considered when evaluating a law?
According to the 'Law Based on Economics' theory, which of these factors are considered when evaluating a law?
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What was John Austin's primary view on the connection between law and morality?
What was John Austin's primary view on the connection between law and morality?
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According to Marx, how is law used by the ruling class?
According to Marx, how is law used by the ruling class?
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What is the central argument made by Feminist Jurisprudence?
What is the central argument made by Feminist Jurisprudence?
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Which characteristic best describes Legal Formalism?
Which characteristic best describes Legal Formalism?
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A core tenet of Critical Race Theory is that racism is:
A core tenet of Critical Race Theory is that racism is:
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What is the core concept of Legal Realism?
What is the core concept of Legal Realism?
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What does the concept of 'legal indeterminacy' in Critical Legal Studies suggest?
What does the concept of 'legal indeterminacy' in Critical Legal Studies suggest?
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According to the content, what is a key argument made by Critical Legal Studies regarding social change and the law?
According to the content, what is a key argument made by Critical Legal Studies regarding social change and the law?
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In legal realism, what is seen to primarily influence a judges decision in any case?
In legal realism, what is seen to primarily influence a judges decision in any case?
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Which of the following represents the concept of 'partial invalidity' when courts are reviewing a law?
Which of the following represents the concept of 'partial invalidity' when courts are reviewing a law?
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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?
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?
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Which theory focuses on historical bias to explain current societal inequality?
Which theory focuses on historical bias to explain current societal inequality?
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Which of the following best describes the 'reading down' approach used by courts in relation to the Charter?
Which of the following best describes the 'reading down' approach used by courts in relation to the Charter?
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What is the primary purpose of Section 33, the 'Notwithstanding Clause,' in the context of Canadian law?
What is the primary purpose of Section 33, the 'Notwithstanding Clause,' in the context of Canadian law?
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Which of the following is NOT a limitation on freedom of religion and conscience?
Which of the following is NOT a limitation on freedom of religion and conscience?
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Which of the following is an example of 'state-sanctioned' discrimination?
Which of the following is an example of 'state-sanctioned' discrimination?
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What is 'systemic discrimination' primarily characterized by?
What is 'systemic discrimination' primarily characterized by?
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Which scenario exemplifies 'direct discrimination'?
Which scenario exemplifies 'direct discrimination'?
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What does the term 'Bona Fide Occupational Requirement' (BFOR) refer to?
What does the term 'Bona Fide Occupational Requirement' (BFOR) refer to?
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What is the main premise of the 'duty to accommodate' in employment law?
What is the main premise of the 'duty to accommodate' in employment law?
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What does the Charter right to freedom of thought, belief, and opinion mean?
What does the Charter right to freedom of thought, belief, and opinion mean?
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Which of the following is an example of 'reading in' in the context of Charter interpretation?
Which of the following is an example of 'reading in' in the context of Charter interpretation?
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Which principle asserts that nation-states can establish laws within their own territories without external interference?
Which principle asserts that nation-states can establish laws within their own territories without external interference?
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What is the primary distinction between 'power' and 'authority'?
What is the primary distinction between 'power' and 'authority'?
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Which of the following best describes 'equity' in the context of law?
Which of the following best describes 'equity' in the context of law?
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What is the term for the official power to make legal decisions and judgements, which can be limited by subject matter, time, and location?
What is the term for the official power to make legal decisions and judgements, which can be limited by subject matter, time, and location?
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What is the concept that describes the lawfulness of something, emphasizing proper, fair, and ethical paths?
What is the concept that describes the lawfulness of something, emphasizing proper, fair, and ethical paths?
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Which of the following best describes the concept of 'equality' within the legal system?
Which of the following best describes the concept of 'equality' within the legal system?
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What is the primary focus of laws?
What is the primary focus of laws?
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Which approach to international dispute resolution involves a non-binding report after a committee conducts inquiries?
Which approach to international dispute resolution involves a non-binding report after a committee conducts inquiries?
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What is considered a primary source of law, as opposed to a secondary source?
What is considered a primary source of law, as opposed to a secondary source?
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What is the ratio decidendi in the context of legal decisions?
What is the ratio decidendi in the context of legal decisions?
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Which of the following best describes the 'private harm principle'?
Which of the following best describes the 'private harm principle'?
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The 'community standards test' is used to determine what?
The 'community standards test' is used to determine what?
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What does the concept of 'ownership' primarily entail?
What does the concept of 'ownership' primarily entail?
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What does the term stare decisis refer to in a legal context?
What does the term stare decisis refer to in a legal context?
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What is the concept described as being 'kindness towards humankind' and linked to a basic ethics of selflessness?
What is the concept described as being 'kindness towards humankind' and linked to a basic ethics of selflessness?
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Which of these is NOT a characteristic of treaties?
Which of these is NOT a characteristic of treaties?
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What does 'arbitrary detention' typically violate?
What does 'arbitrary detention' typically violate?
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Which historical event is credited with establishing the concept of sovereign states with defined boundaries?
Which historical event is credited with establishing the concept of sovereign states with defined boundaries?
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In which scenario does a third party make a binding decision?
In which scenario does a third party make a binding decision?
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What does the preamble to the Canadian Charter recognize?
What does the preamble to the Canadian Charter recognize?
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What was the purpose of the Lords Day Act?
What was the purpose of the Lords Day Act?
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Which of the following is primarily considered a public right?
Which of the following is primarily considered a public right?
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What is a key difference between arbitration and conciliation?
What is a key difference between arbitration and conciliation?
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What are laws defined as?
What are laws defined as?
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What is the primary goal of legal paternalism?
What is the primary goal of legal paternalism?
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In the context of Canadian law, what was the primary legal issue with the Lord's Day Act?
In the context of Canadian law, what was the primary legal issue with the Lord's Day Act?
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What does the concept of 'intra vires' refer to?
What does the concept of 'intra vires' refer to?
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How does a 'precedent' in case law influence future legal decisions?
How does a 'precedent' in case law influence future legal decisions?
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What is the significance of the 'Gayanashawagowa' within aboriginal law?
What is the significance of the 'Gayanashawagowa' within aboriginal law?
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What is 'stare decisis'?
What is 'stare decisis'?
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Which of the following best describes the role of 'conventions' in a legal/political system?
Which of the following best describes the role of 'conventions' in a legal/political system?
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What is the primary distinction between 'statute law' and 'case law'?
What is the primary distinction between 'statute law' and 'case law'?
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What is the main idea behind the concept of 'restorative justice'?
What is the main idea behind the concept of 'restorative justice'?
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Which of the following is an example of 'custom' becoming law?
Which of the following is an example of 'custom' becoming law?
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According to the material, how does constitutional law affect the other kinds of law?
According to the material, how does constitutional law affect the other kinds of law?
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In the Code of Hammurabi, what was a common factor in determining the severity of punishment?
In the Code of Hammurabi, what was a common factor in determining the severity of punishment?
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What principle did the Roman legal system introduce to the world?
What principle did the Roman legal system introduce to the world?
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What is an example of a legal development that came from British influence?
What is an example of a legal development that came from British influence?
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How does the author describe the relationship between societal values and law?
How does the author describe the relationship between societal values and law?
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Where does statute law originate?
Where does statute law originate?
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O'Malley's case regarding her work schedule resulted in which key legal concept being recognized?
O'Malley's case regarding her work schedule resulted in which key legal concept being recognized?
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Which of the following best describes the definition of harassment according to the Ontario Human Rights Commission (OHRC)?
Which of the following best describes the definition of harassment according to the Ontario Human Rights Commission (OHRC)?
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What is the primary focus of Section 15(1) of the Canadian Charter of Rights and Freedoms?
What is the primary focus of Section 15(1) of the Canadian Charter of Rights and Freedoms?
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Which statement accurately describes the Jim Crow laws?
Which statement accurately describes the Jim Crow laws?
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What was the original, central goal of the Indian Act?
What was the original, central goal of the Indian Act?
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Based on John Rawl’s theory of justice, what is the key focus?
Based on John Rawl’s theory of justice, what is the key focus?
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How is Section 15(2) of the Canadian Charter typically used?
How is Section 15(2) of the Canadian Charter typically used?
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What is the main purpose of including affirmative action programs in section 15(2) of the charter?
What is the main purpose of including affirmative action programs in section 15(2) of the charter?
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What did Emperor Justinian consider to be the essence of justice?
What did Emperor Justinian consider to be the essence of justice?
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How did Plato define Justice?
How did Plato define Justice?
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According to Mill, what is the main criteria for justice?
According to Mill, what is the main criteria for justice?
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What is the primary focus of distributive justice?
What is the primary focus of distributive justice?
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Which of the following is an example of a program based on distributive justice?
Which of the following is an example of a program based on distributive justice?
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Which of the following best characterizes procedural justice?
Which of the following best characterizes procedural justice?
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What is the significance of the idea of 'fair play' in the context of justice?
What is the significance of the idea of 'fair play' in the context of justice?
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What is a key factor in people accepting an imbalance in what they receive, according to the text?
What is a key factor in people accepting an imbalance in what they receive, according to the text?
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What approach does restorative justice primarily focus on?
What approach does restorative justice primarily focus on?
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Which of the following is a central tenet of retributive justice?
Which of the following is a central tenet of retributive justice?
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In the context of justice, what is a key difference between the focus of restorative and retributive approaches?
In the context of justice, what is a key difference between the focus of restorative and retributive approaches?
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What is the primary characteristic of domestic law?
What is the primary characteristic of domestic law?
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What is a primary purpose of international law?
What is a primary purpose of international law?
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What is the concept of state sovereignty in international law?
What is the concept of state sovereignty in international law?
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Why is international law often considered less effective than domestic law?
Why is international law often considered less effective than domestic law?
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Why do nations often obey international laws?
Why do nations often obey international laws?
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What does the principle of pacta sunt servanda mean in the context of international law?
What does the principle of pacta sunt servanda mean in the context of international law?
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Which of these factors could be considered a challenge to international law?
Which of these factors could be considered a challenge to international law?
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How does the concept of 'crime' differ between restorative and retributive justice, as described in the content?
How does the concept of 'crime' differ between restorative and retributive justice, as described in the content?
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What limitation of retributive justice is highlighted in the content?
What limitation of retributive justice is highlighted in the content?
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Which of the following is NOT a characteristic of restorative justice?
Which of the following is NOT a characteristic of restorative justice?
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The text mentions the American refusal to ratify certain UN conventions. What does this example illustrate?
The text mentions the American refusal to ratify certain UN conventions. What does this example illustrate?
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Which of the following is NOT a component of the rule of law?
Which of the following is NOT a component of the rule of law?
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What is the main purpose of jurisprudence?
What is the main purpose of jurisprudence?
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Which of the following correctly describes one of the three principles of the rule of law?
Which of the following correctly describes one of the three principles of the rule of law?
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In Canada, how are laws typically changed?
In Canada, how are laws typically changed?
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Which of the following factors does NOT drive change in law?
Which of the following factors does NOT drive change in law?
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What role do lobby groups play in the legal system?
What role do lobby groups play in the legal system?
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What is the significance of the rule of law for social and economic outcomes?
What is the significance of the rule of law for social and economic outcomes?
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What is one function of royal commissions and commissions of inquiry?
What is one function of royal commissions and commissions of inquiry?
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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
Characteristics of a Just Legal System
- 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.
Legal Concepts and Principles
- 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.
Legal Systems (Systems of Law)
- 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.
Legal Systems (Systems of Law)
- 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.
Issues in Law and Legal Systems
- 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.
Legal Principles
- 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 (Legal Positivism)
- Positive Law: Laws enacted by the state, regardless of morality.
- Utilitarianism (Bentham, Mill): Laws' effectiveness based on their benefit to society.
Social Contract Theory, Natural Rights & Legal Systems
- Hobbes, Locke, Rousseau's philosophies: Views on the role of law in society and relationships between individuals and states.
Legal Concepts and Judgments
- 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.