Podcast
Questions and Answers
Which of the following is NOT a characteristic of an unconscionable contract?
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.
Workers can legally agree to work for less than the statutory minimum wage.
False (B)
What does the term 'legal jurisprudence' refer to?
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.
Many legal systems provide ________ training to judges and lawyers to mitigate prejudiced decision-making.
Match the following concepts to their descriptions:
Match the following concepts to their descriptions:
What is a common tactic employers use to deny benefits like health insurance or paid leave?
What is a common tactic employers use to deny benefits like health insurance or paid leave?
Employers can require employees to waive their right to a hazard-free workplace.
Employers can require employees to waive their right to a hazard-free workplace.
What is a key critique of legal jurisprudence regarding its reflection of societal viewpoints?
What is a key critique of legal jurisprudence regarding its reflection of societal viewpoints?
Which of the following best describes the concept of 'conspiracy' in law?
Which of the following best describes the concept of 'conspiracy' in law?
Substantive law determines the rights and obligations of people and the government.
Substantive law determines the rights and obligations of people and the government.
What is the fundamental principle that ensures society is governed by laws that apply equally to all?
What is the fundamental principle that ensures society is governed by laws that apply equally to all?
The concept of ______ refers to limits on the power of government officials to prevent misuse of authority.
The concept of ______ refers to limits on the power of government officials to prevent misuse of authority.
A worker requests to work remotely because of a medical condition. Which of these legal concepts might apply to an employer considering this request?
A worker requests to work remotely because of a medical condition. Which of these legal concepts might apply to an employer considering this request?
Tort law covers civil wrongs and damages arising from contractual relationships.
Tort law covers civil wrongs and damages arising from contractual relationships.
What type of law would apply to a person who slips on a wet floor, which was not marked with a caution sign?
What type of law would apply to a person who slips on a wet floor, which was not marked with a caution sign?
Match the following legal terms with their descriptions:
Match the following legal terms with their descriptions:
Which standard of mens rea focuses on the accused's personal intentions and mindset at the time of the crime?
Which standard of mens rea focuses on the accused's personal intentions and mindset at the time of the crime?
The objective standard of mens rea evaluates actions based on the accused's personal intent.
The objective standard of mens rea evaluates actions based on the accused's personal intent.
What is the primary purpose of a Victim Impact Statement (VIS) in a criminal trial?
What is the primary purpose of a Victim Impact Statement (VIS) in a criminal trial?
The concept of a 'New World Order' is often associated with the idea of __________ governance.
The concept of a 'New World Order' is often associated with the idea of __________ governance.
Match the terms with their definitions:
Match the terms with their definitions:
Why are Victim Impact Statements considered important in the sentencing phase of a trial?
Why are Victim Impact Statements considered important in the sentencing phase of a trial?
Globalization has no impact on the need for international cooperation on trade rules.
Globalization has no impact on the need for international cooperation on trade rules.
How does the criminal justice system utilize both the subjective and objective perspectives of mens rea?
How does the criminal justice system utilize both the subjective and objective perspectives of mens rea?
What is another term for statute law?
What is another term for statute law?
A white paper bill is a final and enacted law.
A white paper bill is a final and enacted law.
What does the term 'due diligence' refer to in a legal or business context?
What does the term 'due diligence' refer to in a legal or business context?
Rights that cannot be surrendered, sold, or transferred are considered to be ______.
Rights that cannot be surrendered, sold, or transferred are considered to be ______.
Match the following terms with their descriptions:
Match the following terms with their descriptions:
Which situation best describes why a person might invoke their right against self-incrimination?
Which situation best describes why a person might invoke their right against self-incrimination?
An amending formula is a way that the British Parliament can change Canadian laws.
An amending formula is a way that the British Parliament can change Canadian laws.
What is the main purpose of a white paper bill?
What is the main purpose of a white paper bill?
Which principle ensures that a person is considered innocent until proven guilty?
Which principle ensures that a person is considered innocent until proven guilty?
The prosecution is required to prove the accused's guilt beyond a reasonable doubt.
The prosecution is required to prove the accused's guilt beyond a reasonable doubt.
What rights do individuals have under the presumption of innocence?
What rights do individuals have under the presumption of innocence?
Legal realism emphasizes examining how individual judges apply the law in __________.
Legal realism emphasizes examining how individual judges apply the law in __________.
Which treaty exemplifies global efforts to combat climate change?
Which treaty exemplifies global efforts to combat climate change?
Legal realists believed that law can be completely understood by merely applying procedural rules.
Legal realists believed that law can be completely understood by merely applying procedural rules.
What is one major criticism of treaties focused on global issues like climate change?
What is one major criticism of treaties focused on global issues like climate change?
What does Legal Realism emphasize about legal decisions?
What does Legal Realism emphasize about legal decisions?
Regulatory laws are enforced exclusively by federal agencies.
Regulatory laws are enforced exclusively by federal agencies.
Name one agency responsible for enforcing federal regulatory laws in Canada.
Name one agency responsible for enforcing federal regulatory laws in Canada.
The _____ is responsible for enforcing regulations related to customs and immigration in Canada.
The _____ is responsible for enforcing regulations related to customs and immigration in Canada.
Which of the following is a role of the provincial police?
Which of the following is a role of the provincial police?
Match the enforcement agency with their specific area of regulation:
Match the enforcement agency with their specific area of regulation:
Judicial discretion plays a minor role in Legal Realism.
Judicial discretion plays a minor role in Legal Realism.
Regulatory laws are designed to promote public safety, fairness, _____, economic stability, and the overall welfare of society.
Regulatory laws are designed to promote public safety, fairness, _____, economic stability, and the overall welfare of society.
Flashcards
What is Conspiracy?
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?
What is Substantive Law?
A body of law that defines rights and duties of individuals and governments.
What is the Rule of Law?
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?
What is Undue Hardship?
Signup and view all the flashcards
What is Tort Law?
What is Tort Law?
Signup and view all the flashcards
What is Restraint of Power?
What is Restraint of Power?
Signup and view all the flashcards
What is a Criminal Offense?
What is a Criminal Offense?
Signup and view all the flashcards
What is a Civil Dispute?
What is a Civil Dispute?
Signup and view all the flashcards
Statute Law
Statute Law
Signup and view all the flashcards
White Paper Bill
White Paper Bill
Signup and view all the flashcards
Presumptive Offense
Presumptive Offense
Signup and view all the flashcards
Due Diligence
Due Diligence
Signup and view all the flashcards
Amending Formula
Amending Formula
Signup and view all the flashcards
Self-Incrimination
Self-Incrimination
Signup and view all the flashcards
Inalienable Rights
Inalienable Rights
Signup and view all the flashcards
Unconscionable
Unconscionable
Signup and view all the flashcards
What is an unconscionable contract?
What is an unconscionable contract?
Signup and view all the flashcards
What is legal jurisprudence?
What is legal jurisprudence?
Signup and view all the flashcards
How does legal jurisprudence often reflect bias?
How does legal jurisprudence often reflect bias?
Signup and view all the flashcards
What is a jurisprudence that addresses historical injustice?
What is a jurisprudence that addresses historical injustice?
Signup and view all the flashcards
What is implicit bias training?
What is implicit bias training?
Signup and view all the flashcards
What is qualified immunity?
What is qualified immunity?
Signup and view all the flashcards
Globalization's Impact on Treaties
Globalization's Impact on Treaties
Signup and view all the flashcards
Challenges in Implementing Treaties
Challenges in Implementing Treaties
Signup and view all the flashcards
Presumption of Innocence
Presumption of Innocence
Signup and view all the flashcards
Charter Protection of Presumption of Innocence
Charter Protection of Presumption of Innocence
Signup and view all the flashcards
Burden of Proof in Criminal Cases
Burden of Proof in Criminal Cases
Signup and view all the flashcards
Legal Realism
Legal Realism
Signup and view all the flashcards
Origins of Legal Realism
Origins of Legal Realism
Signup and view all the flashcards
Focus on Judges in Legal Realism
Focus on Judges in Legal Realism
Signup and view all the flashcards
Subjective Mens Rea
Subjective Mens Rea
Signup and view all the flashcards
Objective Mens Rea
Objective Mens Rea
Signup and view all the flashcards
Victim Impact Statement
Victim Impact Statement
Signup and view all the flashcards
New World Order
New World Order
Signup and view all the flashcards
Globalization's Impact on International Treaties
Globalization's Impact on International Treaties
Signup and view all the flashcards
Mens Rea
Mens Rea
Signup and view all the flashcards
Actus Reus
Actus Reus
Signup and view all the flashcards
What are regulatory Laws?
What are regulatory Laws?
Signup and view all the flashcards
Determining Mens Rea
Determining Mens Rea
Signup and view all the flashcards
What is the nature of regulatory Laws?
What is the nature of regulatory Laws?
Signup and view all the flashcards
Who enforces federal regulatory Laws?
Who enforces federal regulatory Laws?
Signup and view all the flashcards
Who controls imports and immigration in Canada?
Who controls imports and immigration in Canada?
Signup and view all the flashcards
Who enforces provincial regulatory Laws?
Who enforces provincial regulatory Laws?
Signup and view all the flashcards
Who enforces laws on environmental protection or health within a province?
Who enforces laws on environmental protection or health within a province?
Signup and view all the flashcards
Who enforces local regulations?
Who enforces local regulations?
Signup and view all the flashcards
Who enforces building codes or noise regulations in a city?
Who enforces building codes or noise regulations in a city?
Signup and view all the flashcards
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
Legal Jurisprudence
- 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
Legal Realism
- 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.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.