Podcast
Questions and Answers
What is the primary purpose of amending formulas in a constitution?
What is the primary purpose of amending formulas in a constitution?
- To allow for unlimited alterations to fundamental laws
- To resolve disputes between federal and provincial governments
- To dictate the procedures for constitutional amendments (correct)
- To provide guidelines for ordinary legislation
Which section requires approval from both the federal Parliament and a specified number of provinces for amendments?
Which section requires approval from both the federal Parliament and a specified number of provinces for amendments?
- Section 36
- Section 43
- Section 38 (correct)
- Section 41
What does Section 43 specifically allow for?
What does Section 43 specifically allow for?
- Amendments affecting specific provinces (correct)
- Changes that are valid for the Constitution overall
- Amendments to federal powers only
- Amendments that affect individual rights nationwide
What is the requirement of the 7/50 Formula in Canada?
What is the requirement of the 7/50 Formula in Canada?
Which of the following acts established Canada as a federal state?
Which of the following acts established Canada as a federal state?
Which section addresses equalization payments between provinces?
Which section addresses equalization payments between provinces?
What is the significance of Section 1 of the Canadian Charter of Rights and Freedoms?
What is the significance of Section 1 of the Canadian Charter of Rights and Freedoms?
What was the focus of the landmark Supreme Court case R. v. Drybones?
What was the focus of the landmark Supreme Court case R. v. Drybones?
What type of law governs how laws are enforced and legal processes work?
What type of law governs how laws are enforced and legal processes work?
Which source of Canadian law is primarily created by elected bodies such as Parliament?
Which source of Canadian law is primarily created by elected bodies such as Parliament?
Which of the following is an example of substantive law?
Which of the following is an example of substantive law?
What is the primary role of the judiciary in relation to law?
What is the primary role of the judiciary in relation to law?
Which step in the legislative process involves the detailed examination of a bill?
Which step in the legislative process involves the detailed examination of a bill?
What is the key purpose of precedents in case law?
What is the key purpose of precedents in case law?
In what year did Canada enact the Controlled Drugs and Substances Act?
In what year did Canada enact the Controlled Drugs and Substances Act?
Which of the following is NOT a subsidiary source of Canadian law?
Which of the following is NOT a subsidiary source of Canadian law?
What is a primary aim of the Indian Act as stated in the content?
What is a primary aim of the Indian Act as stated in the content?
Which statement best describes the impact of the Canadian legal system on Indigenous legal orders?
Which statement best describes the impact of the Canadian legal system on Indigenous legal orders?
What key function of constitutions includes specifying how power is structured within a government?
What key function of constitutions includes specifying how power is structured within a government?
Which of the following is NOT a function of constitutions as outlined in the content?
Which of the following is NOT a function of constitutions as outlined in the content?
What does the term 'social contract' in the context of constitutions refer to?
What does the term 'social contract' in the context of constitutions refer to?
What is a significant feature of the First Nations Land Management Act?
What is a significant feature of the First Nations Land Management Act?
What does the concept of 'constitutional design' refer to?
What does the concept of 'constitutional design' refer to?
How do constitutions typically reflect a society’s historical context?
How do constitutions typically reflect a society’s historical context?
What is the primary function of the Supreme Court of Canada?
What is the primary function of the Supreme Court of Canada?
Which level of court in Canada is the highest in provincial jurisdictions?
Which level of court in Canada is the highest in provincial jurisdictions?
How are judges appointed in the Federal Court of Canada?
How are judges appointed in the Federal Court of Canada?
Which division of provincial courts specifically addresses youth-related legal issues?
Which division of provincial courts specifically addresses youth-related legal issues?
What type of legal system is practiced in Quebec, as opposed to the common law in other provinces?
What type of legal system is practiced in Quebec, as opposed to the common law in other provinces?
What is one of the key cases that demonstrates the Supreme Court's role in addressing abortion rights?
What is one of the key cases that demonstrates the Supreme Court's role in addressing abortion rights?
What is a characteristic of Canada’s court system that emphasizes the role of opposing parties?
What is a characteristic of Canada’s court system that emphasizes the role of opposing parties?
Which division of the Federal Court of Canada handles appeals from trial decisions?
Which division of the Federal Court of Canada handles appeals from trial decisions?
What did the Peace of Westphalia establish?
What did the Peace of Westphalia establish?
What was a key provision of the Royal Proclamation of 1763?
What was a key provision of the Royal Proclamation of 1763?
Which act allowed French law to be utilized in civil matters in Quebec?
Which act allowed French law to be utilized in civil matters in Quebec?
What did the British North America Act of 1867 accomplish?
What did the British North America Act of 1867 accomplish?
What major change occurred with the Statute of Westminster in 1931?
What major change occurred with the Statute of Westminster in 1931?
Which of the following was NOT a part of the legal history framework in Canada?
Which of the following was NOT a part of the legal history framework in Canada?
What type of law deals with disputes between individuals or organizations?
What type of law deals with disputes between individuals or organizations?
What significant feature was introduced with the Constitution Act (1982)?
What significant feature was introduced with the Constitution Act (1982)?
What was a key focus of the second wave of feminism?
What was a key focus of the second wave of feminism?
What was the significance of the Magna Carta in legal history?
What was the significance of the Magna Carta in legal history?
Which philosopher is known for emphasizing moral and social order relevant to legal theory?
Which philosopher is known for emphasizing moral and social order relevant to legal theory?
How does feminist theory approach legal frameworks?
How does feminist theory approach legal frameworks?
What was one of the main criticisms of mainstream feminism during the third wave?
What was one of the main criticisms of mainstream feminism during the third wave?
What legal concept emphasizes the validity of existing laws and authority of the state?
What legal concept emphasizes the validity of existing laws and authority of the state?
What concept from ancient law is associated with the principle of proportional punishment?
What concept from ancient law is associated with the principle of proportional punishment?
What is one of the primary focuses of the third wave of feminism?
What is one of the primary focuses of the third wave of feminism?
Flashcards
First-wave feminism
First-wave feminism
Focused on women's suffrage, legal rights, and social reforms, aiming to achieve basic rights like voting, property ownership, and equal access to education.
Second-wave feminism
Second-wave feminism
Challenged social and cultural inequalities, focusing on reproductive rights, workplace equality, and dismantling traditional gender roles. Aimed to address issues like access to contraception, discrimination, and sexual harassment.
Third-wave feminism
Third-wave feminism
Emphasizes intersectionality, acknowledging that women experience oppression in various ways based on race, class, and other factors. It also includes advocacy for LGBTQ+ rights and critiques mainstream feminism for not representing all women's voices.
Hammurabi's Code
Hammurabi's Code
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Confucianism
Confucianism
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Feudal Law
Feudal Law
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Magna Carta
Magna Carta
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Constitutional Law
Constitutional Law
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Peace of Westphalia (1648)
Peace of Westphalia (1648)
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Royal Proclamation of 1763
Royal Proclamation of 1763
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Quebec Act of 1774
Quebec Act of 1774
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Constitution Act of 1791
Constitution Act of 1791
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Act of Union (1840)
Act of Union (1840)
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British North America Act (1867)
British North America Act (1867)
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Criminal Code (1892)
Criminal Code (1892)
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Statute of Westminster (1931)
Statute of Westminster (1931)
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What are the sources of Canadian law?
What are the sources of Canadian law?
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What is statute law?
What is statute law?
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What is case law?
What is case law?
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What is precedent?
What is precedent?
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What are the branches of government and their role in law?
What are the branches of government and their role in law?
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What is the legislative process in Canada?
What is the legislative process in Canada?
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What is the role of customs in Canadian law?
What is the role of customs in Canadian law?
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What are books of authority in Canadian law?
What are books of authority in Canadian law?
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Amending Formulas
Amending Formulas
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Section 38 of the Constitution
Section 38 of the Constitution
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Section 41 of the Constitution
Section 41 of the Constitution
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Section 43 of the Constitution
Section 43 of the Constitution
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7/50 Formula
7/50 Formula
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Section 91 of the British North America Act
Section 91 of the British North America Act
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Section 92 of the British North America Act
Section 92 of the British North America Act
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What is a constitution?
What is a constitution?
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What is a social contract?
What is a social contract?
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What are the key functions of a constitution?
What are the key functions of a constitution?
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What does it mean to 'constitute' a society?
What does it mean to 'constitute' a society?
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What is the significance of the length of a constitution?
What is the significance of the length of a constitution?
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What's a written constitution?
What's a written constitution?
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What's an unwritten constitution?
What's an unwritten constitution?
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What are the strengths of a written constitution?
What are the strengths of a written constitution?
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What are the levels of Canadian courts?
What are the levels of Canadian courts?
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What is the role of a superior court?
What is the role of a superior court?
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What does the Trial Division of the Superior Court do?
What does the Trial Division of the Superior Court do?
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What does the Appeal Division of the Superior Court do?
What does the Appeal Division of the Superior Court do?
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What is the Federal Court of Canada?
What is the Federal Court of Canada?
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What is the Supreme Court of Canada?
What is the Supreme Court of Canada?
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What is the adversarial system?
What is the adversarial system?
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What is the role of a jury in the Canadian court system?
What is the role of a jury in the Canadian court system?
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Study Notes
Topic 1: Institutions, Politics, Society, and Law
- Institutions are structures that shape human behavior. They are not agents, but influence societal actions.
- Agents are individuals or entities with the capacity to act and make decisions. They influence outcomes within a system.
- Politics involves power relations and their practices and processes.
- Types of power include instrumental (direct use to influence outcomes), structural (embedded in institutions), and ideological (control over ideas).
- Society is a network of patterned relationships connecting individuals through institutions.
- Law is a concept debated across various perspectives.
- Law is defined by formal rules, binding and enforceable to govern conduct. Law is involved in politics through processes and impacts social order. It balances individual/collective rights and limits arbitrary power.
Topic 2: An Early History of Law
- Legal history stretches over 4,000 years.
- Hammurabi's Code is an early written legal code known for "an eye for an eye" punishments.
- Confucius's philosophy emphasizes moral/social order, impacting law.
- Mohammad's teachings form the basis of Islamic law (Sharia).
Topic 3: Constitutions I & II
- Constitutions are supreme laws establishing a legal system and political society.
- They are social contracts, symbolizing societal agreements.
- Constitutions express foundational values, structure political systems, establish fundamental laws, confer power, and limit government, outlining rights/obligations, and reflecting historical context.
Topic 4: Constitutional Design Features
- Constitutional design features refer to specific characteristics, including length (short or long).
- Written or unwritten constitutions, formalized documents or relying on statutes/conventions/judicial decisions.
- Amendment procedures, making amendment difficult, are typically required to change these documents.
- Judicial review empowers courts to interpret/enforce constitutional provisions.
- Some constitutions omit details of important political structures, leaving room for flexibility.
- Authority is diffusely spread, with a division of powers (vertical and horizontal), checks and balances on government power.
- Separation of powers principle dividing authority among branches of government.
Topic 5: Canadian Federalism and Court Systems
- Canada became a federation through the British North America Act (1867), establishing federal and provincial powers.
- The Canadian Charter of Rights and Freedoms, introduced in 1982, protects individual rights and freedoms, but it can be temporarily overridden under specific circumstances or for specific time periods.
- The Statute of Westminster (1931) granted Canada self-governance.
- Canada's court system involves federal and provincial/territorial courts, with distinct jurisdictions and levels of appeal.
- Various types of courts exist. (e.g., Trial, Appeal).
Topic 6: Administrative Boards and Tribunals
- An administrative board or tribunal is part of Canada's court system but may resolve disputes outside traditional courts.
- These bodies often hear administrative or quasi-judicial cases.
Topic 7: Restorative Justice in Canada
- Restorative justice aims to repair harm by facilitating communication, using principles/emphasis on recognition, accountability, and voluntariness.
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Description
Test your knowledge on the roles of institutions, politics, society, and law in shaping human behavior and governance. Explore the history of law, including Hammurabi's Code and the evolution of legal systems over 4,000 years. This quiz will cover critical concepts and power relations within these frameworks.