Podcast
Questions and Answers
What was the primary finding of the Supreme Court in the Fraser v. Canada case?
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?
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?
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?
Which theoretical perspective focuses on the impact of law on gender equality?
What is a key characteristic of Indigenous perspectives on law?
What is a key characteristic of Indigenous perspectives on law?
Which of the following exemplifies how the law balances individual rights with societal obligations?
Which of the following exemplifies how the law balances individual rights with societal obligations?
What is the significance of having multiple perspectives on the law?
What is the significance of having multiple perspectives on the law?
Which of the following is NOT a key feature of Bill C-7?
Which of the following is NOT a key feature of Bill C-7?
What is the main purpose of the legal system, according to the chapter?
What is the main purpose of the legal system, according to the chapter?
Which of these theoretical perspectives on law is NOT discussed in the chapter?
Which of these theoretical perspectives on law is NOT discussed in the chapter?
What does the concept of parliamentary supremacy imply?
What does the concept of parliamentary supremacy imply?
What was the main issue raised in the case of Fraser v Canada?
What was the main issue raised in the case of Fraser v Canada?
Which section of the Canadian Charter of Rights and Freedoms was central to the Fraser v Canada case?
Which section of the Canadian Charter of Rights and Freedoms was central to the Fraser v Canada case?
What is the fundamental difference between Natural Law and Legal Positivism?
What is the fundamental difference between Natural Law and Legal Positivism?
What does Oliver Wendell Holmes Jr. mean by 'The life of the law has not been logic; it has been experience'?
What does Oliver Wendell Holmes Jr. mean by 'The life of the law has not been logic; it has been experience'?
Which of the following situations is NOT a key function of the legal system as discussed in the chapter?
Which of the following situations is NOT a key function of the legal system as discussed in the chapter?
Flashcards
Purpose of Legal System
Purpose of Legal System
To provide rules of conduct that protect everyone’s rights.
Theoretical Perspectives on Law
Theoretical Perspectives on Law
Branch of philosophy that explains the nature and role of law, excluding capitalist.
Parliamentary Supremacy
Parliamentary Supremacy
Parliament has the final say in creating and interpreting laws.
Fraser v Canada Issue
Fraser v Canada Issue
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Canadian Charter Section 15
Canadian Charter Section 15
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Natural Law vs Legal Positivism
Natural Law vs Legal Positivism
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Holmes' View on Law
Holmes' View on Law
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Concept of Law
Concept of Law
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Fraser v Canada case outcome
Fraser v Canada case outcome
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Bill C-7
Bill C-7
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Key feature of Bill C-7
Key feature of Bill C-7
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Marxist perspective on law
Marxist perspective on law
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Feminist legal theory focus
Feminist legal theory focus
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Indigenous perspectives on law
Indigenous perspectives on law
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Balancing individual rights vs societal obligations
Balancing individual rights vs societal obligations
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Competing perspectives on law
Competing perspectives on law
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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.
Key Legal Concepts
- 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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