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Questions and Answers
What is the primary focus of Tort Law?
What is the primary focus of Tort Law?
What is the purpose of Public Law?
What is the purpose of Public Law?
Which type of law outlines the division of powers between federal and provincial governments?
Which type of law outlines the division of powers between federal and provincial governments?
What does Employment Law primarily deal with?
What does Employment Law primarily deal with?
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Who are considered jurists in the context of the philosophy of law?
Who are considered jurists in the context of the philosophy of law?
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Which statement best describes Aquinas's view on human law?
Which statement best describes Aquinas's view on human law?
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What does positive law emphasize in relation to natural law?
What does positive law emphasize in relation to natural law?
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According to Aquinas, when are individuals obligated to obey laws?
According to Aquinas, when are individuals obligated to obey laws?
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Which characteristic is NOT a requirement for a law to be considered just according to Aquinas?
Which characteristic is NOT a requirement for a law to be considered just according to Aquinas?
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Which of the following distinguishes legal positivism from natural law theory?
Which of the following distinguishes legal positivism from natural law theory?
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What is the primary purpose of laws within a society?
What is the primary purpose of laws within a society?
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According to Philip Selznick, what is essential for achieving just laws in a country?
According to Philip Selznick, what is essential for achieving just laws in a country?
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What is a constitution best described as?
What is a constitution best described as?
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Which of the following is a characteristic of a written constitution?
Which of the following is a characteristic of a written constitution?
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What do unwritten constitutions primarily consist of?
What do unwritten constitutions primarily consist of?
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What must a party prove when seeking to limit a charter right?
What must a party prove when seeking to limit a charter right?
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What is the standard of proof required for the government to justify a charter infringement?
What is the standard of proof required for the government to justify a charter infringement?
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In the case of R vs Oakes, what did the SCC find regarding section 8 of the NCA?
In the case of R vs Oakes, what did the SCC find regarding section 8 of the NCA?
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Which of the following is NOT one of the three main steps in the Oakes test?
Which of the following is NOT one of the three main steps in the Oakes test?
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What does the concept of proportionality in the Oakes test refer to?
What does the concept of proportionality in the Oakes test refer to?
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Which factor must government prove for a law to be considered pressing and substantial?
Which factor must government prove for a law to be considered pressing and substantial?
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What occurs if the government fails to justify an infringement under the Oakes test?
What occurs if the government fails to justify an infringement under the Oakes test?
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What does 'prescribed by law' signify in the context of the Oakes test?
What does 'prescribed by law' signify in the context of the Oakes test?
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What philosophy did Socrates emphasize when he discussed the 'examined life'?
What philosophy did Socrates emphasize when he discussed the 'examined life'?
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What was one of the reasons Socrates was put on trial in 399 BCE?
What was one of the reasons Socrates was put on trial in 399 BCE?
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In Socrates' view, where does true justice lie?
In Socrates' view, where does true justice lie?
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How did Plato describe the role of law in achieving the good life?
How did Plato describe the role of law in achieving the good life?
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What method did Socrates use to engage individuals in discussions?
What method did Socrates use to engage individuals in discussions?
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According to Plato, what was the inherent nature of humans?
According to Plato, what was the inherent nature of humans?
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What is the essence of Socrates' philosophical method?
What is the essence of Socrates' philosophical method?
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How does Plato's view on society differ from purely economic perspectives?
How does Plato's view on society differ from purely economic perspectives?
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What remedy involves the court declaring that only specific unconstitutional portions of a law are invalid?
What remedy involves the court declaring that only specific unconstitutional portions of a law are invalid?
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In which scenario would a court likely use the remedy of 'Reading In'?
In which scenario would a court likely use the remedy of 'Reading In'?
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What is the primary purpose of the Canadian Charter of Rights and Freedoms (CCRF)?
What is the primary purpose of the Canadian Charter of Rights and Freedoms (CCRF)?
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Which remedy permits a court to keep a law in force for a limited time while changes are made to comply with the Charter?
Which remedy permits a court to keep a law in force for a limited time while changes are made to comply with the Charter?
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Which law is applicable to federal government departments and businesses under federal jurisdiction?
Which law is applicable to federal government departments and businesses under federal jurisdiction?
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What distinguishes the Canadian Charter of Rights and Freedoms from human rights legislation?
What distinguishes the Canadian Charter of Rights and Freedoms from human rights legislation?
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Which of the following remedies is rarely applied and used only in exceptional circumstances?
Which of the following remedies is rarely applied and used only in exceptional circumstances?
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What is the purpose of 'Reading Down' as a judicial remedy?
What is the purpose of 'Reading Down' as a judicial remedy?
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What describes a mechanism working to protect human rights in Canada?
What describes a mechanism working to protect human rights in Canada?
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In the case of R.V Butler, what legal approach was utilized to address the obscenity laws?
In the case of R.V Butler, what legal approach was utilized to address the obscenity laws?
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Study Notes
What is the Law?
- Law provides rules of conduct, protecting everyone's rights and balancing individual rights with societal obligations.
- Key principles of a legal system include equal treatment, impartiality, and respect for all individuals, regardless of power or wealth.
Key Foundations and Principles
- People should be treated equally under the law.
- Law should remain unbiased, free of influence.
- Courts must function fairly and without bias.
- Parties should be treated with respect.
Legal Reform
- Demographic shifts (birth rates, immigration, education, and employment)
- Technological advancements affect laws and require adjusting.
- Changes in social values necessitate legal alterations.
- National emergencies sometimes lead to temporary laws that may not be permanent.
Change In Values
- Societal values evolve over time, and laws must adapt.
- Examples include the changing views on marijuana, alcohol sales, and public smoking, reflecting societal change.
National Emergencies
- Laws have been passed in response to various national emergencies.
- Some such laws were meant to be temporary but are not appealed.
Rule of Law
- Individuals must recognize law's importance in regulating society.
- Law applies equally to everyone, even those in power.
Democratic System of Government
- Peaceful legal change is easier in a democratic system.
- These systems often have constitutions.
Independent Justice System
- Judges should function independently from other governmental branches, ensuring impartiality to be fair and impartial.
- This independent judicial system helps maintain a transparent and structured court process.
Individual Action
- Historical records showcase efforts by individuals to challenge unjust laws.
Challenges in Court
- Canadian Charter of Rights and Freedoms (CCRF) is frequently used to challenge the constitutionality of laws.
Sources of Canadian Law
- Primary sources include written laws (statutes, acts, legislation).
Historical Influences
- Canadian law is rooted in the Judeo-Christian tradition.
- Ten Commandments are found in Canadian criminal code.
- British and French legal traditions have influenced Canadian laws.
- Greek concepts of citizenship, juries, and democratic ideals have shaped legal thought.
Roman Influences
- Roman laws have impacted present-day legal systems.
British Influences
- Britain has greatly shaped Canada's legal system.
- Principles like trial by jury and presumption of innocence were inherited from British legal traditions.
Customs and Conventions
- Long-standing practices acquire the force of law over time.
- Examples include established practices or political traditions becoming unwritten rules.
Influence of Social and Political Philosophy
- Public reactions shape laws; e.g., public reaction to the Holocaust led to the Canadian Human Rights Act.
- Events like the Great Depression led to laws focusing on social security, employment insurance, and worker compensation.
Constitutional Law
- Defines the distribution of government powers.
- Outlines fundamental legal principles.
- The Canadian Constitution is based upon UK traditions and values.
Principle - Judicial Independence
- Judges operate independently of the government.
Principle - Parliamentary Supremacy
- Individuals choose leaders who make laws reflecting their will.
Statutory Interpretation
- Judges interpret laws through decisions in court cases.
- Mischief Rule helps to determine the intent of the law.
- Internal aids like a preamble provide a sense to a law.
- External aids include dictionaries and legal articles.
Case Law
- Court rulings form a substantial body of Case Law in law.
- Stare decisis means that precedents established in earlier cases are often considered when ruling in similar cases.
Categories of Laws
- Domestic Law (national law)
- International law
- Substantive Law (defines actions)
- Procedural law (steps involved in law)
- Public Law (relationship between state and citizens)
- Private Law (relationships between individuals)
- Public Law includes constitutional law, administrative law, criminal law, family law, wills and estates, property law, employment law, tort and contract law.
Tort Law
- Deals with damages caused by wrongful conduct (e.g., accidents, property damage).
Family Law
- Deals with family-related issues (marriages, divorces, child custody).
Contract Law
- Deals with legally binding agreements between parties.
Employment Law
- Deals with employment contracts, discrimination, and workplace issues.
Property Law
- Deals with ownership of land, assets, and possessions.
Estate Law
- Deals with issues arising upon death, including wills and the division of assets .
Theories of Law
- Jurists provide diverse perspectives on the concept of law.
Laws Versus Justice
- Justice and law are distinct concepts despite their interrelation.
- Laws can be just or unjust depending on circumstances and whether they reflect fairness, or societal values
Ancient and Medieval Theories of Law
- Natural Law: Based on divine law, representing inherent moral truths that apply universally.
- Positive Law: Laws created by human authority, subject to change.
Socrates
- Emphasized self-knowledge and living an examined life as crucial for leading a just life.
Plato
- Emphasized justice at both personal and societal levels, considering it an essential and basic principle of human existence.
- Plato believed that rational thought defines justice, hence the rational human being.
Aristotle
- Argued that individuals live and function better as members of a community or society.
- This social component is intrinsic to human nature.
- Aristotle believed laws could maintain order, stability, and justice in society.
Legal Positivism/Positive Law
- Laws are created by the government or authority, regardless of moral standards.
- Laws need not be moral to be legitimate.
- Focuses on the structure and function of laws, not on any inherent moral value.
- Views the purpose of laws as promoting social order and stability.
John Locke
- Natural law philosophers proposed rights like life, liberty, and possessions.
- Humans have fundamental rights inherent to their existence.
Jeremy Bentham
- A practical approach to law, focusing on whether it promotes human happiness.
John Austin
- Laws are commands from a sovereign power.
HLA Hart
- Law is a system of rules, both primary (defining actions) and secondary (rules of change and adjudication).
Ronald Dworkin
- Law needs a moral dimension, suggesting that ethical considerations play a decisive role in cases that present difficulties.
Legal Realism
- Law is the outcome of judges' decisions and interpretations.
- Legal outcomes are influenced by judges' personal beliefs and biases.
Marxism
- Law is a tool used by the ruling class to maintain power and control over society and the working class.
- Law's role is to protect the ruling class's interests.
Feminist Jurisprudence
- Laws have treated women differently than men.
- Examining law through a gendered lens, assessing how laws impact women and men differently.
Concept of Procedural Justice
- Procedures must be unbiased and follow specific legal guidelines for fairness.
Canada and Human Rights
- Canadian Charter of Rights & Freedoms protects fundamental rights.
- Relevant legislation and institutions (e.g., human rights commissions) defend fundamental rights.
Constitutional Amendments
- Processes for changing the Canadian constitution.
- Different types of requirements for constitutional amendment.
- Constitutional amendments need the support of the federal parliament and most provinces, in certain situations.
Court Rulings
- Importance of court rulings in interpreting the Canadian constitution.
Application of the Charter
- Entities to which the charter applies (government actors)
- Charter applies to laws.
- Limits to application of rights.
Limitations
- Rights are not absolute, but limited.
- If a court deems a law or government action unlawful, it can be nullified or changed to comply with the charter.
Federal and Provincial Human Rights Legislation
- The Canadian Human Rights Act covers federal jurisdictions.
- Provincial legislation protects rights on a provincial level.
- Human rights commissions are responsible for investigating and addressing complaints.
Employment Equity
- Employment equity policies are designed to address historical biases.
- Goal is to create equal employment opportunities.
- Different types of employment equity program in Canada (federal programs and provincial programs).
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Description
Test your knowledge on key concepts of law, including tort law, public law, and employment law. This quiz explores the fundamental principles and classifications within the legal framework, focusing on the division of powers and philosophy related to jurists.
