Introduction to Legal Concepts

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Questions and Answers

Which of the following is NOT a characteristic of an unconscionable contract?

  • Terms that are extremely unfair
  • Clauses that heavily favor the employer
  • Forcing workers to exceed legal limits without fair compensation
  • Terms that are mutually beneficial (correct)

Workers can legally agree to work for less than the statutory minimum wage.

False (B)

What does the term 'legal jurisprudence' refer to?

The philosophy, theories, and principles underpinning the law

Many legal systems provide ________ training to judges and lawyers to mitigate prejudiced decision-making.

<p>implicit bias</p> Signup and view all the answers

Match the following concepts to their descriptions:

<p>Unconscionable Contract = One-sided or unfair contracts that shock a reasonable person Legal Jurisprudence = The philosophy, theories, and principles underpinning the law Qualified Immunity = Shields police misconduct, making accountability difficult Systemic Bias = The tendency of legal systems to favor dominant groups</p> Signup and view all the answers

What is a common tactic employers use to deny benefits like health insurance or paid leave?

<p>Labeling employees as independent contractors (D)</p> Signup and view all the answers

Employers can require employees to waive their right to a hazard-free workplace.

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

What is a key critique of legal jurisprudence regarding its reflection of societal viewpoints?

<p>It often reflects the perspectives of dominant groups due to underrepresentation of marginalized communities in lawmaking.</p> Signup and view all the answers

Which of the following best describes the concept of 'conspiracy' in law?

<p>An agreement between two or more people to commit an illegal act. (C)</p> Signup and view all the answers

Substantive law determines the rights and obligations of people and the government.

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

What is the fundamental principle that ensures society is governed by laws that apply equally to all?

<p>Rule of Law</p> Signup and view all the answers

The concept of ______ refers to limits on the power of government officials to prevent misuse of authority.

<p>restraint of power</p> Signup and view all the answers

A worker requests to work remotely because of a medical condition. Which of these legal concepts might apply to an employer considering this request?

<p>Undue Hardship (C)</p> Signup and view all the answers

Tort law covers civil wrongs and damages arising from contractual relationships.

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

What type of law would apply to a person who slips on a wet floor, which was not marked with a caution sign?

<p>Tort Law</p> Signup and view all the answers

Match the following legal terms with their descriptions:

<p>Conspiracy = Agreement to commit an illegal act Substantive Law = Identifies rights and duties Rule of Law = Law applies equally to all Tort Law = Covers civil wrongs</p> Signup and view all the answers

Which standard of mens rea focuses on the accused's personal intentions and mindset at the time of the crime?

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

The objective standard of mens rea evaluates actions based on the accused's personal intent.

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

What is the primary purpose of a Victim Impact Statement (VIS) in a criminal trial?

<p>To allow the court to see the victim as a person and provide information about the impact of the crime.</p> Signup and view all the answers

The concept of a 'New World Order' is often associated with the idea of __________ governance.

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

Match the terms with their definitions:

<p>Subjective Mens Rea = Focuses on the accused's intent Objective Mens Rea = Compares actions to societal standards Victim Impact Statement = Statement from a victim during sentencing New World Order = Global governance and international cooperation</p> Signup and view all the answers

Why are Victim Impact Statements considered important in the sentencing phase of a trial?

<p>They help judges understand the personal impact of the crime on the victim. (D)</p> Signup and view all the answers

Globalization has no impact on the need for international cooperation on trade rules.

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

How does the criminal justice system utilize both the subjective and objective perspectives of mens rea?

<p>To offer a balance of internal and external factors in determining culpability and ensuring just outcomes.</p> Signup and view all the answers

What is another term for statute law?

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

A white paper bill is a final and enacted law.

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

What does the term 'due diligence' refer to in a legal or business context?

<p>Reasonable steps taken to investigate, verify, and ensure all necessary information is gathered before making decisions.</p> Signup and view all the answers

Rights that cannot be surrendered, sold, or transferred are considered to be ______.

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

Match the following terms with their descriptions:

<p>Statute Law = Laws created by a legislative body Presumptive Offense = An offense that is presumed based on evidence unless proven otherwise Amending Formula = A method for making changes to a constitution Self-Incrimination = Exposing oneself to criminal charges through one's own statements</p> Signup and view all the answers

Which situation best describes why a person might invoke their right against self-incrimination?

<p>To choose to remain silent during an interrogation (C)</p> Signup and view all the answers

An amending formula is a way that the British Parliament can change Canadian laws.

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

What is the main purpose of a white paper bill?

<p>To present a detailed policy proposal that is being considered for a new law or policy.</p> Signup and view all the answers

Which principle ensures that a person is considered innocent until proven guilty?

<p>Presumption of Innocence (B)</p> Signup and view all the answers

The prosecution is required to prove the accused's guilt beyond a reasonable doubt.

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

What rights do individuals have under the presumption of innocence?

<p>The accused has the right to a fair trial, to not testify, and to have legal representation.</p> Signup and view all the answers

Legal realism emphasizes examining how individual judges apply the law in __________.

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

Which treaty exemplifies global efforts to combat climate change?

<p>Paris Agreement (C)</p> Signup and view all the answers

Legal realists believed that law can be completely understood by merely applying procedural rules.

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

What is one major criticism of treaties focused on global issues like climate change?

<p>Their implementation often falls short due to political resistance and economic disparities.</p> Signup and view all the answers

What does Legal Realism emphasize about legal decisions?

<p>They are influenced by judges' interpretations and various factors. (C)</p> Signup and view all the answers

Regulatory laws are enforced exclusively by federal agencies.

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

Name one agency responsible for enforcing federal regulatory laws in Canada.

<p>Royal Canadian Mounted Police (RCMP), Canada Border Services Agency (CBSA), Canadian Radio-television and Telecommunications Commission (CRTC)</p> Signup and view all the answers

The _____ is responsible for enforcing regulations related to customs and immigration in Canada.

<p>Canada Border Services Agency (CBSA)</p> Signup and view all the answers

Which of the following is a role of the provincial police?

<p>Enforce laws and regulations within their respective provinces. (D)</p> Signup and view all the answers

Match the enforcement agency with their specific area of regulation:

<p>RCMP = Federal laws enforcement Provincial Ministries = Provincial laws enforcement Local Police Departments = Municipal laws enforcement CRTC = Broadcasting and telecommunications regulations</p> Signup and view all the answers

Judicial discretion plays a minor role in Legal Realism.

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

Regulatory laws are designed to promote public safety, fairness, _____, economic stability, and the overall welfare of society.

<p>environmental protection</p> Signup and view all the answers

Flashcards

What is Conspiracy?

An agreement between two or more individuals to commit an illegal act, or to achieve a lawful act through unlawful means.

What is Substantive Law?

A body of law that defines rights and duties of individuals and governments.

What is the Rule of Law?

The principle that everyone is subject to the same laws, regardless of their position or power.

What is Undue Hardship?

A significant change that would negatively impact an employer's viability or create major health/safety risks, outweighing the benefits of accommodation.

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What is Tort Law?

A field of law dealing with civil wrongs and damages caused by one person or company to another, without a contractual relationship.

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What is Restraint of Power?

Limits or checks on the authority of government officials or powerful entities to prevent abuse of power.

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What is a Criminal Offense?

A specific, actionable crime like assault, theft, or murder, usually determined by the government.

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What is a Civil Dispute?

A private legal dispute between two or more individuals, usually resolved in civil court.

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Statute Law

Laws created and formally written by a legislative body like Parliament or Congress.

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White Paper Bill

A proposal outlining details of a new law or policy, often presented by the government.

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Presumptive Offense

A situation where someone is presumed guilty based on evidence, unless they can prove otherwise.

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Due Diligence

The process of thoroughly investigating and verifying information before making a crucial decision.

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Amending Formula

A specific process for changing a constitution, often requiring special procedures.

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Self-Incrimination

The act of potentially exposing oneself to legal consequences by providing incriminating evidence.

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Inalienable Rights

Rights that cannot be given up, sold, or transferred, even with consent.

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Unconscionable

An act that is considered unfair, unjust, or exploitative.

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What is an unconscionable contract?

A situation where a contract or agreement is extremely unfair or one-sided, shocking the conscience of a reasonable person.

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What is legal jurisprudence?

A set of principles, theories, and philosophies that form the foundation of the law.

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How does legal jurisprudence often reflect bias?

The practice of favoring corporations and wealthy individuals over the rights of marginalized communities.

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What is a jurisprudence that addresses historical injustice?

A legal approach that actively strives to correct historical injustices through legal means.

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What is implicit bias training?

Training designed to make judges and lawyers aware of their unconscious biases to minimize prejudiced decision-making.

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What is qualified immunity?

A legal doctrine that often protects police officers from liability when they violate someone's rights.

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Globalization's Impact on Treaties

Countries working together to share rules and ideas on things like human rights and protecting the environment.

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Challenges in Implementing Treaties

Agreements like the Paris Agreement on climate change face challenges because countries may disagree or find it difficult to follow through.

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Presumption of Innocence

Legal principle that assumes everyone is innocent until proven guilty in a court of law.

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Charter Protection of Presumption of Innocence

The Charter of Rights and Freedoms specifically protects the presumption of innocence in Section 11(d).

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Burden of Proof in Criminal Cases

The prosecution, not the accused, must provide enough evidence to convince the court beyond a reasonable doubt that the person is guilty.

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Legal Realism

Legal philosophy that examines how judges actually apply the law in real-world situations.

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Origins of Legal Realism

Legal realists criticized earlier ideas that focused only on written laws and legal principles.

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Focus on Judges in Legal Realism

Legal realism emphasizes the role of judges in shaping legal outcomes and the importance of understanding their decision-making process.

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Subjective Mens Rea

The accused's state of mind when committing a crime. It focuses on their intentions and understanding at the time, considering internal and external factors.

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Objective Mens Rea

Judges the accused's actions against a 'reasonable person' standard. It checks if their conduct was unreasonable, regardless of their intent.

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Victim Impact Statement

A written or oral statement from a crime victim (or family) shared during sentencing. It provides personal impact information, giving victims a voice and potentially influencing the sentence and offender's understanding of the harm caused.

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New World Order

A system where international cooperation, treaties, and organizations work together to address global issues.

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Globalization's Impact on International Treaties

The interconnectedness of global markets requires countries to cooperate on issues like trade rules, labor standards, and financial regulations.

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Mens Rea

The mental state of a person required to be found guilty of a crime. It refers to the accused's intention or knowledge when committing the act.

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Actus Reus

The physical act of committing a crime. It's the external, observable action.

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What are regulatory Laws?

Rules and guidelines set by government authorities to control the actions of individuals, organizations, or businesses within specific industries.

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Determining Mens Rea

The process of establishing whether a crime was intentional or unintentional. This helps determine the level of guilt and the appropriate punishment.

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What is the nature of regulatory Laws?

Secondary legislation created by executive branch agencies under authority from the legislature.

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Who enforces federal regulatory Laws?

The Royal Canadian Mounted Police (RCMP) enforces federal laws, such as criminal law, immigration laws, and certain regulatory offenses.

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Who controls imports and immigration in Canada?

The Canada Border Services Agency (CBSA) is responsible for enforcing regulations related to customs, immigration, and import/export of goods.

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Who enforces provincial regulatory Laws?

Provincial police forces, like the Ontario Provincial Police, enforce laws within their provinces, including provincial regulations and certain criminal offenses.

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Who enforces laws on environmental protection or health within a province?

Provincial Ministries, such as the Ministry of the Environment or Ministry of Health, enforce laws related to their areas within their specific province.

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Who enforces local regulations?

Local police departments enforce municipal laws like traffic regulations, bylaw enforcement, and local ordinances.

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Who enforces building codes or noise regulations in a city?

City bylaw officers handle specific local regulatory matters, such as zoning laws, building codes, and noise regulations.

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Study Notes

Conspiracy

  • An agreement between two or more people to commit an illegal act, or achieve a lawful act through illegal means
  • Example: planning a bank robbery (scouting, gathering weapons, planning getaway)

Substantive Law

  • Identifies the rights and duties of a person or level of government
  • Example: determines if taking an item from a store without paying is theft

Rule of Law

  • The principle that society is governed by laws applying equally to all
  • Example: a government official embezzling money would still face legal consequences

Undue Hardship

  • Result of a change affecting an employer's economic viability or safety risk
  • Example: An employee requests to work from home due to a medical condition. Employers may accommodate if the work can be done remotely without disruption.

Tort Law

  • Area of private law covering civil wrongs and damages
  • Example: someone slipping on a wet floor in a grocery store and injuring their back. The store might be held liable for negligence.

Restraint of Power

  • Limits placed on the power of government officials
  • Example: Supreme Court in the United States declaring laws deemed unconstitutional.

Statute Law

  • Laws created and enacted by a legislative body (e.g., parliament or congress)
  • Example: Laws specifying actions that constitute theft

White Paper Bill

  • Proposal for legislation or policy outlining new laws or policies
  • Example: a government document outlining details of a new law.

Presumptive Offense

  • Presumption (of guilt) based on specific evidence or circumstances
  • Example: intoxication in DUI cases

Due Diligence

  • Reasonable steps to investigate/verify information before decisions, particularly business and legal decisions
  • Example: Gathering relevant info before making business or legal decisions.

Amending Formula

  • Method of changing a constitution
  • Example: the process outlined in Canada's Constitution Act of 1982

Self-Incrimination

  • Act of providing evidence or statements that might be used against oneself
  • Example: a suspect refusing to speak

Inalienable Rights

  • Rights that cannot be surrendered, sold, or transferred
  • Example: workers having the right to a minimum wage

Unconscionable

  • Terms/actions so unfair or one-sided to shock a reasonable person's conscience
  • Example: forcing employees to work beyond legal limits without fair pay
  • Philosophy, theories, and principles underlying the law
  • Example: considerations of bias toward powerful groups and corporate interests impacting lawmaking

Objective/Subjective Mens Rea

  • Subjective: accused's personal intentions; Objective: whether actions meet societal standards
  • Example: varying legal viewpoints, using standards to establish crime culpability.

Victim Impact Statements

  • Written or oral statements from the victim (or family) during sentencing.
  • Example: Giving victims a voice in criminal proceedings, influencing sentencing

Globalization & International Treaties

  • Cooperation through treaties and international organizations addressing global issues
  • Example: Cooperation on trade rules, labor standards from interconnectedness

Presumption of Innocence

  • Legal principle: person is innocent until proven guilty.
  • Example: Cornerstone of a fair legal system
  • Law as practiced in courts, not just theories
  • Example: focusing on judges' interpretations and decision-making

Regulatory Laws

  • Secondary legislation, including regulations and enforced by agencies
  • Example: Federal, Provincial, and municipal bodies enforcing laws, like police and agencies.

20th Century Legislation

  • Labor and environmental laws in Canada shape current landscapes by addressing and regulating exploitation and enacting modern environmental policies
  • Example: Trade Unions Act, Canadian Labour Code, Environmental Protection Act, Environmental Bill of Rights.

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