Law Chapter 1: The Role of Law - Study Notes
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Questions and Answers

What was the primary finding of the Supreme Court in the Fraser v. Canada case?

  • The Supreme Court dismissed the case due to a lack of evidence.
  • The Supreme Court determined that Parliament should address the issue of gender bias in the policy.
  • The Supreme Court ruled that the pension policy was discriminatory against women. (correct)
  • The RCMP’s pension policy was found to be fair and equitable.

    • What is the main focus of Bill C-7?

  • Providing legal framework for medical assistance in dying, including for individuals with a non-terminal condition. (correct)
  • Strengthening environmental protection laws to combat climate change and pollution.
  • Enhancing freedom of speech protections by limiting government censorship.
  • Promoting gender equality in Canadian workplaces by addressing pay gaps and discrimination.

    • What does the Marxist theoretical perspective emphasize in terms of law?

  • The importance of community values and traditions in shaping the legal framework.
  • The influence of power relations and economic structures in shaping the law. (correct)
  • The crucial role of individual rights and liberties in shaping the legal system.
  • The emphasis on the separation of law and morality, ensuring a neutral and objective legal system.

    • Which theoretical perspective focuses on the impact of law on gender equality?

    <p>Feminist legal theory, exploring the ways law perpetuates and reinforces gender inequality. (B)</p> Signup and view all the answers

    What is a key characteristic of Indigenous perspectives on law?

    <p>Law is intertwined with community, relationships, and traditional knowledge systems. (A)</p> Signup and view all the answers

    Which of the following exemplifies how the law balances individual rights with societal obligations?

    <p>The right to drive comes with the duty to follow traffic laws, ensuring public safety and order. (B)</p> Signup and view all the answers

    What is the significance of having multiple perspectives on the law?

    <p>Multiple perspectives highlight the complexities and nuances of the legal system and its application. (D)</p> Signup and view all the answers

    Which of the following is NOT a key feature of Bill C-7?

    <p>It restricts access to medical assistance in dying to terminally ill patients only. (B)</p> Signup and view all the answers

    What is the main purpose of the legal system, according to the chapter?

    <p>To protect everyone's rights by establishing rules of conduct. (B)</p> Signup and view all the answers

    Which of these theoretical perspectives on law is NOT discussed in the chapter?

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

    What does the concept of parliamentary supremacy imply?

    <p>Parliament holds the ultimate authority to create, modify, and interpret laws. (B)</p> Signup and view all the answers

    What was the main issue raised in the case of Fraser v Canada?

    <p>Unequal treatment and discrimination based on gender in pension plans. (C)</p> Signup and view all the answers

    Which section of the Canadian Charter of Rights and Freedoms was central to the Fraser v Canada case?

    <p>Section 15 (Equality Rights), which prohibits discrimination based on various grounds, including gender. (D)</p> Signup and view all the answers

    What is the fundamental difference between Natural Law and Legal Positivism?

    <p>Legal Positivism focuses on morality while Natural Law separates law from morality. (A)</p> Signup and view all the answers

    What does Oliver Wendell Holmes Jr. mean by 'The life of the law has not been logic; it has been experience'?

    <p>The development of law is influenced by practical experiences and societal changes. (A)</p> Signup and view all the answers

    Which of the following situations is NOT a key function of the legal system as discussed in the chapter?

    <p>Establishing a clear hierarchy of power based on wealth and social status. (D)</p> Signup and view all the answers

    Flashcards

    Purpose of Legal System

    To provide rules of conduct that protect everyone’s rights.

    Theoretical Perspectives on Law

    Branch of philosophy that explains the nature and role of law, excluding capitalist.

    Parliamentary Supremacy

    Parliament has the final say in creating and interpreting laws.

    Fraser v Canada Issue

    The case focused on gender discrimination in pension plans.

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    Canadian Charter Section 15

    Addresses Equality Rights and was central to Fraser v Canada case.

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    Natural Law vs Legal Positivism

    Natural law focuses on morality, while positivism separates law from morality.

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    Holmes' View on Law

    Laws evolve through practical experiences and societal changes.

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    Concept of Law

    Law is influenced by real-world events rather than pure logic.

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    Fraser v Canada case outcome

    The Supreme Court found that the pension policy perpetuated gender bias.

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    Bill C-7

    Bill C-7 addresses medical assistance in dying.

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    Key feature of Bill C-7

    It allows medical assistance in dying for those without a reasonably foreseeable death.

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    Marxist perspective on law

    This perspective emphasizes the role of power and economic structures in shaping the law.

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    Feminist legal theory focus

    The main focus is on the impact of law on gender equality.

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    Indigenous perspectives on law

    They highlight the importance of community and relationships in legal systems.

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    Balancing individual rights vs societal obligations

    The right to drive comes with the duty to follow traffic laws.

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    Competing perspectives on law

    Competing perspectives help us understand the complexity and relevance of the legal system.

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    Study Notes

    Chapter 1: The Role of Law - Study Notes

    • Purpose of the Legal System: To provide rules of conduct that protect everyone's rights.

    Theoretical Perspectives

    • Positivist: A perspective on law.
    • Feminist: Focuses on the impact of law on gender equality.
    • Marxist: Emphasizes the role of power and economic structures in shaping the law.
    • Indigenous: Emphasizes community and relationships in legal systems.
    • Capitalist: Not a theoretical perspective discussed in this chapter.
    • Natural Law vs. Legal Positivism: Natural law focuses on morality, while legal positivism separates law from morality.
    • Parliamentary Supremacy: The principle that Parliament has the final say in creating and interpreting laws.

    Case Study: Fraser v Canada

    • Issue: Gender discrimination in pension plans.
    • Relevant Section of Canadian Charter: Section 15 (Equality Rights).
    • Outcome: The Supreme Court found the pension policy to perpetuate gender bias.

    Current Legislation: Bill C-7

    • Focus: Medical assistance in dying (MAID).
    • Key Feature: Allows MAID for those without a reasonably foreseeable death.

    Law and Society

    • Balance of Rights and Obligations: The law balances individual rights with societal obligations (e.g., driving and traffic laws).
    • Evolution of Law: "The life of the law has not been logic; it has been experience" – Laws evolve through practical experiences and societal changes (Oliver Wendell Holmes Jr.).
    • Importance of Competing Perspectives: Competing perspectives on law help us understand its complexities and relevance.

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    Description

    Explore the foundational concepts of law, including various theoretical perspectives such as Positivist, Feminist, and Marxist views. Additionally, learn about parliamentary supremacy and significant case studies like Fraser v Canada, focusing on issues of gender discrimination. This quiz will help reinforce your understanding of legal principles.

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