Law and Governance Quiz

<p>Law should be applied equally, although this may lead to injustice in certain cases. (B)</p> Signup and view all the answers

<p>All members of society agree to abide by a common set of rules. (D)</p> Signup and view all the answers

<p>Probation. (C)</p> Signup and view all the answers

<p>When it is based on irrelevant characteristics. (D)</p> Signup and view all the answers

<p>They must be followed by all lower courts including federal courts. (C)</p> Signup and view all the answers

<p>To conduct public investigations on issues of public concern and publish a report. (C)</p> Signup and view all the answers

<p>Refining and evaluating the application of legal concepts through questions. (A)</p> Signup and view all the answers

<p>The ability of a nation-state to impose laws within its borders without external interference. (D)</p> Signup and view all the answers

<p>Authority is legitimate and formal, while power is neither. (C)</p> Signup and view all the answers

<p>The freedom given to the majority may be used to harm a minority. (A)</p> Signup and view all the answers

<p>The parameters within which power or authority may be exercised. (D)</p> Signup and view all the answers

<p>World War II. (A)</p> Signup and view all the answers

<p>The belief that a ruler, institution, or leader has the right to govern or preside over decisions; and the lawfulness of something . (A)</p> Signup and view all the answers

<p>Ownership of outer space, the fish in the sea, the bottom of the ocean. (A)</p> Signup and view all the answers

<p>A criminal taking a police officer's weapon. (D)</p> Signup and view all the answers

<p>The law is declared to be no longer in effect or force. (B)</p> Signup and view all the answers

<p>Economic recessions. (C)</p> Signup and view all the answers

<p>It led to the need for regulations regarding content and broadcasting. (A)</p> Signup and view all the answers

<p>Legalization of marijuana. (A)</p> Signup and view all the answers

<p>It establishes the principle of the rule of law. (C)</p> Signup and view all the answers

<p>To prevent the government from having unlimited control over the legal system. (C)</p> Signup and view all the answers

<p>To allow citizens to question and challenge perceived legal injustices. (A)</p> Signup and view all the answers

<p>To pressure legislators for a particular cause or interest. (A)</p> Signup and view all the answers

<p>To retain her Indian status after marrying a non-aboriginal. (A)</p> Signup and view all the answers

<p>It prompted a boycott and Supreme Court decision banning segregation on buses. (D)</p> Signup and view all the answers

<p>The law must be subject to the changing whims of a specific group in society. (B)</p> Signup and view all the answers

<p>To provide more restrictions on guns in Canada. (C)</p> Signup and view all the answers

<p>No one is above the law, regardless of their position or status. (A)</p> Signup and view all the answers

<p>To provide advice or investigate specific issues of national importance. (B)</p> Signup and view all the answers

<p>It ensures that people know what is expected of them and that wrongdoers are held accountable. (C)</p> Signup and view all the answers

<p>The government, its officials, and private actors are all subject to the law. (D)</p> Signup and view all the answers

<p>The law is changed or adapted. (C)</p> Signup and view all the answers

<p>The knowledge and skill of the law, including its philosophical and historical roots. (C)</p> Signup and view all the answers

<p>It often leads to existing laws being reformed if they fail to meet the charter's conditions. (B)</p> Signup and view all the answers

<p>A person's right to not be detained unlawfully. (B)</p> Signup and view all the answers

<p>To write, teach about, and research the philosophy of law. (C)</p> Signup and view all the answers

<p>By voting in elections and choosing who will represent them. (D)</p> Signup and view all the answers

<p>To ensure people know about the penalties for breaking them and resources for when rights are violated. (B)</p> Signup and view all the answers

<p>The presence of the rule of law connections to a higher economic growth. (C)</p> Signup and view all the answers

<p>It ensures that power is always delegated according to the law. (C)</p> Signup and view all the answers

<p>It provides a system of legal action and response, supporting peace and civility. (C)</p> Signup and view all the answers

<p>It includes all the facilities, institutions, and procedures involved in operating the law. (C)</p> Signup and view all the answers

<p>They set out our rights, freedoms, and obligations as citizens. (D)</p> Signup and view all the answers

<p>Jurisprudence aids prediction by clarifying legal principles and analyzing the historical foundations of laws. (A)</p> Signup and view all the answers

<p>It should be severe enough to discourage wrongdoers, but still be ethical. (A)</p> Signup and view all the answers

<p>Objective values and reason (B)</p> Signup and view all the answers

<p>To secure conditions promoting the common good for all citizens (C)</p> Signup and view all the answers

<p>The official publication of a law so it becomes known to all (C)</p> Signup and view all the answers

<p>Those who have the power to do so by legitimate authority (B)</p> Signup and view all the answers

<p>Understanding concepts of right and wrong to achieve a 'good life' (B)</p> Signup and view all the answers

<p>It allows a select few to impose their morals upon others (D)</p> Signup and view all the answers

<p>It is universal, unchangeable, and applicable over time and places (A)</p> Signup and view all the answers

<p>As a rival theory where man makes up law based on their own needs (B)</p> Signup and view all the answers

<p>It is less likely to be followed (B)</p> Signup and view all the answers

<p>Humans can rationally recognize higher laws through reason, and therefore have a duty to follow them (B)</p> Signup and view all the answers

<p>Equality is the strict application of the rule of law, while equity allows for fairness considerations in legal judgements. (D)</p> Signup and view all the answers

<p>A state obligation to provide or enable something. (A)</p> Signup and view all the answers

<p>Kindness and compassion toward humankind, a basic ethical consideration (A)</p> Signup and view all the answers

<p>Laws are the principles that courts recognize and apply, while justice refers to the correct application of those laws. (D)</p> Signup and view all the answers

<p>Whether material would offend the local community. (B)</p> Signup and view all the answers

<p>From philosophies, ideologies, and beliefs that have influenced society's values. (A)</p> Signup and view all the answers

<p>Case Law (D)</p> Signup and view all the answers

<p>The Charter repealed the Lord's Day Act due to violations of fundamental rights. (B)</p> Signup and view all the answers

<p>It acknowledges that Canada is founded upon principles that recognize the supremacy of god and the rule of law. (D)</p> Signup and view all the answers

<p>The moral and religious basis of some laws (A)</p> Signup and view all the answers

<p>A foundational constitution establishing agreements related to immigration, trade and heritage. (B)</p> Signup and view all the answers

<p>The development of written legal codes and legal professionals. (B)</p> Signup and view all the answers

<p>The development of case law and the legal system based on judges. (C)</p> Signup and view all the answers

<p>To ensure specific legal responsibilities are carried out. (C)</p> Signup and view all the answers

<p>To make sure someone can't be held indefinitely without cause. (C)</p> Signup and view all the answers

<p>They were hired substitutes, particularly for priests and women, to fight in their stead. (C)</p> Signup and view all the answers

<p>The Inquisitorial System (A)</p> Signup and view all the answers

<p>The key principles of the presumption of innocence, proof beyond a reasonable doubt and the right to remain silent. (B)</p> Signup and view all the answers

<p>It established the principle that even the monarch is subject to the laws. (A)</p> Signup and view all the answers

<p>The right to due process and not being held without lawful reason. (B)</p> Signup and view all the answers

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

<p>A group of people who testify to the innocence of the accused. (C)</p> Signup and view all the answers

<p>It established the first 'civil law system' incorporating categorization and codification of civil laws. (C)</p> Signup and view all the answers

<p>Judges should consider social and economic contexts when applying the law, recognizing its malleability. (A)</p> Signup and view all the answers

<p>God's direct intervention to determine guilt or innocence. (D)</p> Signup and view all the answers

<p>Legal rules are inherently neutral and value-free, reflecting a just and impartial system. (B)</p> Signup and view all the answers

<p>To allow for the offender to take responsibility for their actions by 'restoring' justice. (D)</p> Signup and view all the answers

<p>The concept wherein judges are bound to follow precedent in similar cases. (A)</p> Signup and view all the answers

<p>Laws are inherently biased towards men, reflecting a male-dominated historical and legal tradition. (D)</p> Signup and view all the answers

<p>Judges should consider economic principles when deciding cases, focusing on efficiency and cost-benefit analysis. (C)</p> Signup and view all the answers

<p>The unequal and unjust application of law by lords and landowners. (D)</p> Signup and view all the answers

<p>Legal Realism (D)</p> Signup and view all the answers

<p>In the adversarial system their role is active in producing evidence, while in the inquisitorial system, their role is more passive. (A)</p> Signup and view all the answers

<p>They were an unintelligent group lacking formal social structures and law. (C)</p> Signup and view all the answers

<p>The historical and ongoing systemic racism embedded in legal systems and policies. (D)</p> Signup and view all the answers

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

<p>Critical Legal Studies (D)</p> Signup and view all the answers

<p>The law has historically been used as a tool of oppression against women, reflecting a male-dominated system. (B)</p> Signup and view all the answers

<p>Judicial decisions should be based on a strict interpretation of existing legal rules and precedent. (C)</p> Signup and view all the answers

<p>Those in power are reluctant to relinquish their influence over the legal system. (C)</p> Signup and view all the answers

<p>Legal Formalism emphasizes strict adherence to pre-existing rules, leaving no room for external societal influences. (C)</p> Signup and view all the answers

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

<p>The emphasis on individual prejudice and discrimination. (D)</p> Signup and view all the answers

<p>Law is subordinate to morality and should align with fundamental moral principles. (C)</p> Signup and view all the answers

<p>To guide citizens towards becoming better individuals and strive for an ideal. (C)</p> Signup and view all the answers

<p>Economic principles should guide legal decisions, with emphasis on efficiency and cost-benefit analysis. (D)</p> Signup and view all the answers

<p>Critical Legal Studies (C)</p> Signup and view all the answers

<p>They would view the law as invalid and believe it should be disobeyed. (D)</p> Signup and view all the answers

<p>Natural law views laws as subordinate to moral principles, while positive law focuses on obedience to the authority of the state. (D)</p> Signup and view all the answers

<p>Justice exists when all parts of society work for the good of the whole. (B)</p> Signup and view all the answers

<p>It represents God’s laws that are the way the universe was created. (B)</p> Signup and view all the answers

<p>Law helps ensure that citizens live according to reason rather than their passions. (D)</p> Signup and view all the answers

<p>It struggles to distinguish between 'good' and 'bad' laws, only accepting that which is 'valid' (D)</p> Signup and view all the answers

<p>Governments may create laws without a strong basis of morality. (C)</p> Signup and view all the answers

<p>It serves to enable citizens to eventually discover the importance of using reason. (A)</p> Signup and view all the answers

<p>Customs can evolve into laws, and some laws originated as customs. (D)</p> Signup and view all the answers

<p>Conventions are informal practices that set obligations but do not have legal status. (D)</p> Signup and view all the answers

<p>They reflect societal values that shape and influence the legal system overall. (A)</p> Signup and view all the answers

<p>To provide a structure for government, while ensuring all other laws align with it. (D)</p> Signup and view all the answers

<p>A law that is beyond or outside of the authority of the courts or the government (D)</p> Signup and view all the answers

<p>Statute law takes precedence over case law, it can modify case law. (C)</p> Signup and view all the answers

<p>To ensure consistency in judgements by following past decisions in similar cases. (C)</p> Signup and view all the answers

<p>Judges must base their decisions without influence from personal feelings or biases. (A)</p> Signup and view all the answers

<p>It is the legal reasoning behind a court decision that creates a precedent. (A)</p> Signup and view all the answers

<p>It centers around punishing an offender in a manner that reflects the severity of the crime. (C)</p> Signup and view all the answers

<p>Mosaic law focuses on restoring order using various degrees of restitution, and Hammurabi's code is centered on strict punishment. (D)</p> Signup and view all the answers

<p>The idea of open and democratic participation via public courts and juries. (C)</p> Signup and view all the answers

<p>It established a system of justice rooted in notions of fairness and equality. (B)</p> Signup and view all the answers

<p>Facts that have significance or direct relevance to a legal issue. (D)</p> Signup and view all the answers

<p>The concept of punishment as a deserved consequence or retribution. (A)</p> Signup and view all the answers

<p>Citizens exchange certain rights for security and stability. (C)</p> Signup and view all the answers

<p>A struggle for survival where the strongest prevail. (D)</p> Signup and view all the answers

<p>Actions should only be restricted if they cause direct harm to others. (B)</p> Signup and view all the answers

<p>Laws can be judged by their overall utility and contribution to happiness. (A)</p> Signup and view all the answers

<p>Law must be seen as separate from moral judgments. (A)</p> Signup and view all the answers

<p>To prevent harm against individuals and society at large. (B)</p> Signup and view all the answers

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

<p>It is designed to protect the ruling class's interests. (C)</p> Signup and view all the answers

<p>Promoting regulations that protect overall societal welfare. (B)</p> Signup and view all the answers

<p>Without their respect, a society cannot be considered free. (A)</p> Signup and view all the answers

<p>Comments or conduct that are vexatious and unwelcome. (C)</p> Signup and view all the answers

<p>The conduct is unsolicited and known to be unwelcome. (D)</p> Signup and view all the answers

<p>To maintain racial segregation and marginalize African Americans. (A)</p> Signup and view all the answers

<p>To assimilate First Nations and control various aspects of their lives. (B)</p> Signup and view all the answers

<p>It prevents distinctions that perpetuate disadvantage or prejudice. (D)</p> Signup and view all the answers

<p>To assist specific disadvantaged groups to achieve equality. (A)</p> Signup and view all the answers

<p>Abigail Fisher v. University of Texas (C)</p> Signup and view all the answers

<p>Lesbian, Gay, Bisexual, Transgender, and Queer (B)</p> Signup and view all the answers

<p>Indian Act cases (C)</p> Signup and view all the answers

<p>Engaging in persistent practical jokes causing embarrassment. (D)</p> Signup and view all the answers

<p>Arrests, fines, or even death. (A)</p> Signup and view all the answers

<p>All humans are born free and equal in dignity and rights. (C)</p> Signup and view all the answers

<p>A resource for safe travel for African Americans. (A)</p> Signup and view all the answers

<p>Equality before the law without discrimination. (B)</p> Signup and view all the answers

<p>Examining and rectifying outcomes related to racial inequality (A)</p> Signup and view all the answers

<p>Right to security of the person (D)</p> Signup and view all the answers

<p>To justify limitations on Charter rights (D)</p> Signup and view all the answers

<p>The law can remain in force if justified under fundamental justice (C)</p> Signup and view all the answers

<p>Government laws supporting differential treatment (B)</p> Signup and view all the answers

<p>Religious practices may be curtailed if they harm children (B)</p> Signup and view all the answers

<p>Section 33 (C)</p> Signup and view all the answers

<p>Absolute protection of all rights (C)</p> Signup and view all the answers

<p>Court may uphold the law with conditions (C)</p> Signup and view all the answers

<p>To balance individual rights against societal needs (B)</p> Signup and view all the answers

<p>To narrow the interpretation and align it with the Charter (C)</p> Signup and view all the answers

<p>To form groups of any nature regardless of their purpose (B)</p> Signup and view all the answers

<p>Proclamation using Section 1 of the Charter (D)</p> Signup and view all the answers

<p>Provinces can pass laws inconsistent with the Charter for five years (C)</p> Signup and view all the answers

<p>It perpetuates disadvantages through established behaviors and policies. (C)</p> Signup and view all the answers

<p>Refusing to hire a candidate solely based on their ethnic background. (D)</p> Signup and view all the answers

<p>When it is established under an honest belief for job necessity. (A)</p> Signup and view all the answers

<p>To modify job conditions unless it leads to undue hardship. (C)</p> Signup and view all the answers

<p>A policy that impacts a group negatively even if not intended. (A)</p> Signup and view all the answers

<p>Suspending students based on their racial background. (D)</p> Signup and view all the answers

<p>It can appear neutral while causing harm. (A)</p> Signup and view all the answers

<p>Making changes that would cause severe disruption to operations. (D)</p> Signup and view all the answers

<p>Hiring a female nurse for a female patient’s care. (B)</p> Signup and view all the answers

<p>Accommodations should be made unless it imposes excessive hardship. (C)</p> Signup and view all the answers

<p>British Columbia (Public Service Employee Relations Comm.) v. B.C.G.E.U. (D)</p> Signup and view all the answers

<p>A manager choosing to ignore complaints from specific demographic groups. (C)</p> Signup and view all the answers

<p>The employee was aware of the requirement prior to employment. (D)</p> Signup and view all the answers

<p>Adverse effect discrimination may be identified. (A)</p> Signup and view all the answers

A set of rules and a system for enforcing those rules, meant to regulate life in society.

Laws created by government bodies, like Parliament or provincial legislatures, that are formally written down and debated.

Laws established by past court decisions, creating precedents that lower courts must follow.

The principle that everyone in society, including those in power, must abide by the same set of rules.

Treating similar situations similarly and different situations differently.

The idea that laws should be applied equally to everyone, regardless of their status or background.

The concept of striking a balance between different rights and values when creating and applying laws.

The idea that law should promote the goals of society, such as justice, equality, and peace.

The principle that government action must be based on and constrained by laws, ensuring fairness, predictability, and accountability.

The laws are clear, understandable, and accessible to everyone, promoting transparency and predictability.

Individuals and institutions have the right to access information about the law, and procedures for enacting, administering, and enforcing them.

Laws protect fundamental human rights, ensuring that everyone is treated with dignity and respect.

Everyone is treated equally before the law, regardless of their background, status, or position.

Courts are independent and impartial, ensuring that justice is administered fairly and without undue influence.

Laws are made through transparent processes, involving participation from legitimate and democratic bodies.

The law applies equally to everyone, regardless of their position or power.

Citizens can influence the content of laws by voting for representatives who will enact legislation that reflects their values.

The government and its officials are held accountable for their actions under the law.

Laws are fair, just, and applied evenly, protecting human rights and property rights.

The process of developing, administering, and enforcing laws is open, accessible, and efficient.

Justice is delivered promptly by competent, ethical, and independent judges and other legal professionals.

The concept of law encompasses the fundamental values, principles, and ideas that give meaning and significance to a legal system.

The law is a set of rules created by governments, including substantive laws that define rights and obligations.

A government-appointed group that investigates issues of public concern and publishes a report.

Scholarly reports written by legal experts, often published in law journals, that analyze and discuss legal issues.

Actions taken by individuals or groups to influence government policy by expressing their views or demands.

A form of government where power resides in the people, who exercise it through a system of representation.

The principle that nation-states have the right to make and enforce laws within their own territories.

The official power or authority to make decisions and judgments.

The ability to act or not act, often without a legal right.

The legal right to act or not act, based on a position, role, or authority.

The belief that a ruler, institution, or leader has the right to govern or make decisions.

The full and complete right to own and control property.

The power of the Supreme Court to declare a law invalid if it conflicts with the Constitution. This means the law is no longer in effect.

Changes in the makeup and characteristics of a population, such as immigration, aging, and changing family structures.

Laws designed to ensure fair treatment and opportunities for women in the workplace, such as equal pay and parental leave.

New technologies and their impact on society, leading to the need for new laws or adaptation of existing ones.

A collection of rights and freedoms that are guaranteed to Canadians in the Canadian Constitution. These rights are protected from being taken away by the government.

A court order requiring a person to be brought before a judge to determine if their detention is lawful. It prevents arbitrary imprisonment.

A situation where individuals are empowered to select their leaders through regular elections.

Groups or organizations that advocate for specific causes or interests, often working to influence public policy.

The ability of citizens to challenge government actions in court. This ensures the judicial system acts as a check on the government's power.

The system of courts that are independent of other branches of government, ensuring fairness and impartiality in legal proceedings.

Significant public inquiries established by the government to investigate matters of national importance. They aim to provide recommendations for changes in laws or policies.

A group of people who came together to bring about positive change in society. Often their actions lead to changes in laws or policies.

A group of people who work together to achieve a common goal, especially to advocate for specific changes or policies.

The process of influencing the opinions and actions of the public, often with the goal of advocating for specific policies or changes.

Special laws that are designed to address emergencies, such as natural disasters or threats to national security.

The use of violence or force to achieve political aims, often involving illegal acts or intimidation.

Practices that are generally accepted by society, passed down through generations, and often become codified into law.

More formal customs that are unwritten but expected to be followed, often influencing decision-making in government.

The belief that laws should reflect the changing values and beliefs of society.

Laws made by the federal or provincial governments, debated and approved by elected representatives.

Laws based on past court decisions, creating precedents for future cases.

The principle of following past legal precedents established in similar cases.

Facts that are relevant and have a bearing on the legal issues in a case.

The principle that similar cases should be decided alike.

The idea that judges should be impartial and not let personal feelings affect their decisions.

The reasoning of judges as they explain their decisions, shaping future legal interpretations.

The reason for a judge's decision, creating a guideline for future cases.

A system of law based on punishment and retribution, often harsh.

A system of law focused on restoring order and fairness, often through compensation.

The first known codified set of laws, emphasizing strict punishments.

A set of laws based on the Ten Commandments, promoting justice and fairness.

A legal entitlement that the state is obligated to provide or enable. It exists when there is a corresponding duty to fulfill the right.

The responsibility to act in a specific way, often in response to a situation or need.

Treating everyone the same, applying the law strictly.

Treating people fairly according to the principles of justice, even if that means departing from strict equality.

Kindness towards humankind; acting with compassion and selflessness. It's related to basic human ethics.

The principles that define what is right or wrong, often influenced by religious, cultural, or societal beliefs.

Written rules of conduct created by governments that regulate the actions of citizens and the government itself.

The principle of upholding fairness, giving individuals what they deserve, and applying laws appropriately.

Ideas, beliefs, and philosophies that have shaped society's values and legal systems throughout history.

The foundation of a legal system, typically rooted in religious, historical, or philosophical principles.

Religious teachings that have influenced various legal systems, including Canadian law.

The influence of historical events and past legal systems on the development of present-day laws.

Traditional practices, customs, and societal norms that have shaped legal systems over time.

The English legal tradition, based on case law (previous court decisions) and common law principles.

The French legal tradition, based on a comprehensive set of written laws.

The belief that unchanging, universal moral principles exist and that laws must reflect these moral truths. Laws created by humans are secondary to these natural laws.

A system of law based on written rules and codes, enforced by the state. Laws are seen as tools for maintaining order and promoting the interests of the state.

Laws based on divine revelation, typically found in holy books, where these laws are believed to be the will of a higher power.

Laws that can be discovered and understood through reason and moral reasoning, regardless of religious beliefs. They are seen as inherent in human nature.

Laws that are considered to be inherent in the natural world. Examples include the laws of physics or the natural order of life and death.

The idea that laws should guide people to live morally, encouraging them to strive for perfection and ethical behavior.

The belief that an unjust law is not a law at all, because it violates natural moral principles. Such laws should not be obeyed.

The theory that laws should reflect the values ​​and interests of the majority of the population. This approach emphasizes the role of the government in making laws.

The idea that laws should have a clear and unambiguous meaning to ensure transparency and predictability.

The belief that laws must be enforced fairly and consistently, without bias or favoritism.

A hypothetical scenario where society lacks any rules or laws, resulting in chaos and survival of the fittest.

The belief that individuals sacrifice some freedoms in exchange for security and order provided by a government.

The principle that laws should be used to prevent actions that harm others.

The principle that laws can be used to prevent actions that offend others, even if they don't cause physical harm.

The principle that laws can be used to protect people from themselves, even if they aren't harming others.

The principle that laws can be used to uphold moral values, even if they don't harm others.

The principle that laws should be judged based on their usefulness to society, maximizing overall happiness.

The principle that individuals should only be restricted when their actions directly harm others.

The idea that law and morality should be separate, and laws should be followed regardless of individual moral interpretations.

Laws are based on reason, objective values, and protect the common good, not just individual desires.

The concept that the ruling class uses the law to maintain its power and suppress the working class.

Laws must be officially announced (published) so everyone knows about them and can follow them.

Legitimate authorities, like governments, have the power to create and enforce laws, ensuring they're applied fairly.

Ethics is a branch of philosophy focused on what is good and right, helping us understand how to live a happy and fair life.

Moral beliefs shape our behavior, and communities often create laws based on their shared values.

It's controversial when governments impose moral rules, as it can limit individual freedom and force one set of beliefs on others.

Despite different views on society, thinkers agree that a good and just society is crucial for individual well-being.

Positive law suggests that laws are created by humans, based on needs, wants, and cultural norms, not necessarily universal principles.

Natural law is seen as a moral compass for legal systems, serving as an ideal that legal systems should strive to uphold.

A system of law based on written codes and statutes, where judges apply the law as written. The system originated with the Napoleonic Code in France and is still used in Quebec.

A system of law where judges rely heavily on past court decisions (precedents) to decide current cases. This system is used in most English-speaking countries.

A legal system where the judge plays a more active role in gathering evidence and questioning witnesses. It's common in continental Europe, like France and Quebec.

A legal system where two opposing sides present their arguments and evidence to a neutral judge or jury. It's used in many democratic countries, including the United States and Canada.

The presumption that a person is innocent until proven guilty beyond a reasonable doubt. This is a key principle of the adversarial system.

A legal document that guarantees certain rights and freedoms, limiting the power of the monarch and setting the foundation for Western law. It was signed by King John of England in 1215.

A principle in law that means a previous court decision should be followed in similar cases. It helps ensure consistency and fairness in legal rulings.

A legal system based on oral traditions, customs, and spirituality, practiced by Indigenous peoples in North America. It emphasizes balance, harmony, and collective well-being.

A set of principles and rules that guide the conduct of a group or society. It can be written or unwritten and based on traditions, values, and beliefs.

A way of determining guilt or innocence in ancient times, relying on the belief that God would intervene on behalf of the innocent.

A practice in ancient England where individuals could hire a champion to fight for them in a trial by combat. Today's lawyers are similar, representing clients in court.

The practice of individuals swearing an oath of innocence before a group of witnesses. It was used as a method of trial in ancient times.

A legal doctrine that examines the historical and systemic factors contributing to racial inequalities, focusing on outcomes and their rectification.

The idea that racism is ingrained in social structures and institutions, like the legal system and housing policies, perpetuating racial inequality.

The right to life, liberty, and security of the person, as outlined in Section 7 of the Canadian Charter of Rights and Freedoms.

A two-stage test used by courts to determine if a law violates the principles of fundamental justice. It considers whether a law infringes on Section 7 rights and whether that infringement is justified.

The principle that government actions must be fair and right in Canadian society.

A legal provision in the Charter that allows Parliament or provincial legislatures to enact laws that override certain Charter rights.

This test determines if a government limitation on Charter rights is justified and proportionate. It consists of four parts.

The right to hold and express opinions without fear of retaliation, including freedom of the press, but with exceptions for harmful speech.

The right to gather peacefully in groups for any purpose, including forming political parties or unions.

Discrimination by the government through laws and policies, aimed at creating unequal treatment based on protected grounds.

A theory that emphasizes the practical, real-world application of law and recognizes that judges can and do shape the law.

A legal theory that critiques the neutrality of law and exposes biases towards those in power.

A theory that focuses on how law perpetuates inequalities based on gender.

The theory that law should be used to ensure the efficient allocation of resources.

A theory that recognizes the embeddedness of racism in legal systems and policies.

Judges are influenced by their own personal values, beliefs, and experiences when deciding cases. This leads to inconsistent decisions and a lack of transparency in legal reasoning.

The ability of judges to interpret the law and apply it differently to different situations.

The idea that law is not necessarily a neutral or objective system, but one that reflects the values and interests of those in power.

The process of interpreting and applying legal precedents to new cases.

The idea that law can be used to maintain social inequality by favoring powerful groups over marginalized groups.

Laws are not neutral or value-based and can be used to manipulate outcomes.

Legal arguments can be used to reach opposite conclusions, demonstrating that legal outcomes are not always predictable.

The idea that law will only change when society's values and beliefs change.

The idea that law should be used to achieve social justice and equality.

Policies or practices that are part of an organization's structure and disadvantage racialized individuals or groups, often appearing neutral but having discriminatory effects.

Direct discrimination is intentional and involves explicitly using prohibited grounds in decisions.

Discrimination that occurs when a seemingly neutral rule or policy has a negative impact on certain groups.

A job requirement that is legally allowed if it is essential for job performance and cannot be easily changed without causing undue hardship.

The employer's obligation to modify work conditions or requirements to accommodate employees with disabilities or other protected characteristics.

Examples include refusing to hire someone based on their race, gender, or age.

Practices like suspending or streaming students based on race, socioeconomic status, or culture.

Detaining or searching individuals based on their race or ethnicity.

Examples include making it difficult or impossible for people with disabilities to access buildings or services.

Examples include denial of loans or mortgages based on factors like race or ethnicity.

Factors include financial cost, disruption of work schedules, and impact on workplace dynamics.

Examples include requiring actors in theatrical productions to fit specific physical characteristics.

Examples include having male nursing attendants for male hospital patients.

The case established that the BC government failed to prove its new fitness test was a BFOR for elite firefighting.

The principle that employers must make reasonable efforts to accommodate employees with protected characteristics.

Harassment based on prohibited grounds like race, religion, gender, etc., that creates a hostile environment. It involves repeated unwelcome conduct that's known or should be known to be unwanted.

Unwanted or unwelcome sexual conduct that creates a hostile work environment or has negative employment consequences for the target.

Aimed at preventing government discrimination based on protected grounds, ensuring equal treatment and preventing disadvantage.

Enables governments to create programs that proactively address historical discrimination and promote equality for disadvantaged groups.

A set of laws that enforced racial segregation, denying African Americans basic rights and opportunities in the United States, from the late 1800s to the 1960s.

A Canadian law enacted in 1876 that grants the federal government extensive control over the lives of First Nations people, including status, land, and resources.

A theory of justice that argues every individual has equal rights to basic liberties, with some rights being more fundamental than others.

Programs designed to address historical disadvantages faced by certain groups, such as minorities or women, by providing opportunities and support.

A 2003 Supreme Court case that upheld the University of Michigan Law School's affirmative action program, allowing the consideration of race as a factor in admissions to achieve a diverse student body.

A 2016 Supreme Court case that struck down the University of Texas' affirmative action program, ruling that race could not be a deciding factor in admissions.

A 2021 Supreme Court case that ruled against Harvard University's affirmative action program, finding that it violated Title VI of the Civil Rights Act by discriminating against Asian American applicants.

A legal principle that guarantees equality before the law and equal protection and benefit of the law for all individuals, regardless of protected characteristics.

An international human rights document that establishes universal rights for all human beings, including equality, freedom, and dignity.

A US constitutional amendment that was intended to guarantee equal legal rights for women, but was never ratified by the required number of states.

A US law that prohibits discrimination based on race, color, religion, sex, or national origin in employment, housing, education, and other areas.