Law and Historical Influences

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Questions and Answers

What is one of the main functions of law in society?

To provide entertainment

To protect personal rights and property (correct)

To ensure economic growth

To hinder citizen participation

What historical development is associated with the Greeks?

Civil Code of Quebec

Common law

Trial by jury and citizen participation (correct)

Canadian Criminal Code

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

Rule of law

Code of conduct

Trial by jury

Presumption of innocence (correct)

What category of law identifies the rights and duties of individuals?

Substantive law Signup and view all the answers

What is a significant influence of the British legal system?

Common law and trial by jury Signup and view all the answers

What was a significant outcome of the public reaction to the Holocaust in Canada?

The Canadian Human Rights Act was created Signup and view all the answers

What role does the constitution play in the context of Canadian law?

It is the foundation for all legal legitimacy in Canada Signup and view all the answers

Which of the following statements about the legal pyramid in Canada is true?

The constitution is the highest law in the legal hierarchy Signup and view all the answers

Which of these was NOT a direct result of the social movements spurred by the response to the Holocaust?

Implementation of tariffs on human rights violations Signup and view all the answers

What does the Canadian Human Rights Act primarily address?

Protection against discrimination and promotion of equal rights Signup and view all the answers

What is the primary purpose of the Canadian Charter of Rights and Freedoms?

To protect the human rights of individuals in Canada Signup and view all the answers

Which act addresses discrimination and promotes equal opportunity in Canada?

Canadian Human Rights Act Signup and view all the answers

Which of the following is specific legislation that operates at the provincial level in Ontario?

Ontario Human Rights Code Signup and view all the answers

Which of the following is NOT a component of Canada's human rights framework?

International Human Rights Commission Signup and view all the answers

What does the Ontario Human Rights Code primarily address?

Discrimination based on specific grounds Signup and view all the answers

What type of discrimination refers to rules that seem fair but cause people to be treated differently?

Indirect discrimination Signup and view all the answers

Which form of discrimination is characterized by organizational rules or cultures leading to unequal treatment?

Systemic discrimination Signup and view all the answers

Which type of discrimination might arise simply because individuals are different from one another?

Direct discrimination Signup and view all the answers

In what context would indirect discrimination typically be identified?

When equality is perceived but not achieved Signup and view all the answers

What distinguishes systemic discrimination from other forms of discrimination?

It involves widespread societal norms Signup and view all the answers

Which area is NOT protected from discrimination under the Ontario Human Rights Code?

Public gatherings Signup and view all the answers

What is one of the primary purposes of the Ontario Human Rights Code?

To prevent discrimination Signup and view all the answers

In which of the following areas is the Ontario Human Rights Code applicable?

Across multiple sectors including goods and facilities Signup and view all the answers

Which area is included in the Ontario Human Rights Code protections?

Contracts Signup and view all the answers

How many different areas does the Ontario Human Rights Code provide protection from discrimination?

Five Signup and view all the answers

Study Notes

Law as a Mechanism for Resolving Disputes

Law serves to protect individuals, property, and rights, ensuring that justice is attainable.
Establishes order within society, creating a structured environment for interaction and relationship management.

Historical Influences on Law

Greeks: Pioneered citizen participation and the concepts of trial by jury, laying the foundation for democratic principles like the right to vote.
Romans: Developed systematic codes, such as the Canadian Criminal Code, and established the profession of lawyers.
Aboriginals: The Indian Act recognized their right to self-governance, emphasizing cultural autonomy.
British Contributions: Introduced trial by jury, established common law principles, the rule of law, and the presumption of innocence.
French Influence: Created the Civil Code of Quebec, which still affects the legal framework in the province.

Categories of Law

Substantive Law: Defines rights and duties of individuals and governments; sets out legal criteria.
Procedural Law: Outlines the processes through which rights are enforced and legal decisions are made.
Example: The response to the Holocaust led to significant legal changes, resulting in the Canadian Human Rights Act.

Legal Hierarchy and Key Legislation

Constitution: The highest authority in the legal system, providing legitimacy to all laws.
Canadian Charter of Rights and Freedoms: Guarantees fundamental freedoms and rights to citizens.
Canadian Human Rights Act: Protects individuals from discrimination at the federal level.
Provincial Human Rights Legislation: Includes laws like the Ontario Human Rights Code, tailored for regional concerns.
Human Rights Commissions: Bodies that oversee the enforcement of human rights laws and address grievances.

Ontario Human Rights Code

Offers protection against discrimination in five main areas:
- Services, Goods, and Facilities: Ensures equitable access to public and private services.
- Housing: Prohibits discrimination in the availability and rental of housing.
- Contracts: Safeguards equal treatment in contractual agreements.
- Employment: Protects against discriminatory practices in the workplace.
- Direct Discrimination: Occurs due to differences in identity.
- Indirect Discrimination: Applies when seemingly fair rules disproportionately affect certain groups.
- Systemic Discrimination: Arises from organizational cultures or rules that create barriers for specific groups.

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Description

Explore the mechanisms of law in resolving disputes and protecting individual rights, property, and societal order. This quiz covers the historical influences on legal systems from various civilizations including Greeks, Romans, Aboriginals, and British. Test your understanding of substantive law and its categories.