Law Final Review - Unit 1: Legal Heritage
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Questions and Answers

Who are the founders of Classical Criminology?

  • Cesare Lombroso and Sigmund Freud
  • Emile Durkheim and Karl Marx
  • Cesare Beccaria and Jeremy Bentham (correct)
  • John Locke and David Hume

Jokes or threats are considered conspiracy.

False (B)

What was the main focus of Positivist Criminology?

Scientific identification of causes of criminal behavior

Cesare Lombroso is known as the founder of the '______ criminal.'

<p>born</p> Signup and view all the answers

What does Classical Criminology suggest is the purpose of punishment?

<p>To deter future crimes (B)</p> Signup and view all the answers

Match the criminological perspectives with their main focus:

<p>Classical Criminology = Human nature and deterrence Positivist Criminology = Scientific study of criminal behavior Social Structure Theories = Impact of social environment on crime Individual Theories = Traits and control mechanisms influencing behavior</p> Signup and view all the answers

Positivist Criminology accepts the concept of free will.

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

Name one type of evidence that is considered privileged communication.

<p>Circumstantial evidence</p> Signup and view all the answers

What defines criminal law in Canada?

<p>Guilty beyond reasonable doubt (A)</p> Signup and view all the answers

Private law includes criminal law.

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

What is the relationship between substantive law and procedural law?

<p>Substantive law defines the legal relationships and rights, while procedural law outlines the methods for enforcing those rights.</p> Signup and view all the answers

____ law deals with health and safety in the workplace.

<p>Labor</p> Signup and view all the answers

Match the following types of law with their definitions:

<p>Constitutional Law = Laws outlining the structure of government Contract Law = Agreements made enforceable by signature Tort Law = General wrongdoings outside defined categories Property Law = Legal rights regarding land and items on it</p> Signup and view all the answers

Which of the following is a characteristic of public law?

<p>It includes administrative law. (B)</p> Signup and view all the answers

Civil law requires a guilt determination of more than 99.99%.

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

What is the primary focus of family law?

<p>Custody and divorce matters.</p> Signup and view all the answers

Which of the following is NOT a pattern or commonality in laws and rules?

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

Laws are made by different levels of government and apply to all members of society at all times.

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

What principle states that actions of individuals should only be limited to prevent harm to others?

<p>Harm Principle</p> Signup and view all the answers

Laws establish a set of rules that are mandatory and involve a detailed system of __________.

<p>consequences</p> Signup and view all the answers

Match the following characteristics with either 'Laws' or 'Rules':

<p>All encompassing = Laws Participatory = Rules Applies to all members of society = Laws Only applies to participants in an activity = Rules</p> Signup and view all the answers

Which of the following is a function of law?

<p>Establish rules of conduct (A)</p> Signup and view all the answers

Rules apply universally to everyone regardless of participation.

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

What does systematic law involve?

<p>Voting laws, legal rights &amp; codification</p> Signup and view all the answers

What was the main purpose of the Nuremberg Trials?

<p>To punish German war crimes after WWII (A)</p> Signup and view all the answers

The UN Declaration of Human Rights was signed on November 20, 1989.

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

What does the UN Rights of the Child aim to protect?

<p>The rights of children and promote their well-being.</p> Signup and view all the answers

The Charter of Rights and Freedoms is a part of the __________ Act of 1982.

<p>Constitution</p> Signup and view all the answers

Match the following documents with their primary focus:

<p>UN Declaration of Human Rights = Foundation for all human rights law UN Rights of the Child = Protecting children's rights UN Rights of Indigenous Peoples = Cultural and economic rights of Indigenous peoples Charter of Rights and Freedoms = Rights of Canadian citizens</p> Signup and view all the answers

Which of the following statements about rights is true?

<p>Rights are claims of interests that are legally conferred. (C)</p> Signup and view all the answers

Natural rights are entitlements people have simply by being human beings.

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

In what year was the UN Rights of Indigenous Peoples signed?

<p>2007</p> Signup and view all the answers

Legal Rights are based on __________ principles.

<p>legal</p> Signup and view all the answers

What does the UN Rights of Indigenous Peoples ensure?

<p>Preservation of cultural and social rights (C)</p> Signup and view all the answers

Responsibilities do not accompany rights.

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

What is a primary condition for limiting Charter rights according to Section 1?

<p>The limit must be reasonable. (D)</p> Signup and view all the answers

The 'Oakes Test' evaluates if a government's response to a social problem is reasonable and justified.

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

Which document serves as a foundation for all human rights law?

<p>UN Declaration of Human Rights</p> Signup and view all the answers

What is meant by 'partial invalidity' in the context of law?

<p>Declare unconstitutional portions of a law invalid.</p> Signup and view all the answers

Freedoms refer to what a person may do without being __________ from doing so by law.

<p>prevented</p> Signup and view all the answers

Match the following types of rights with their definitions:

<p>Moral Rights = Entitlements based on moral principles Natural Rights = Inherent rights by being born Legal Rights = Rights based on legal frameworks Human Rights = Rights governed by policy and officials</p> Signup and view all the answers

Section 2 of the Charter outlines the four categories of __________ rights.

<p>Fundamental</p> Signup and view all the answers

Match the category of individuals with their relevant issues faced today:

<p>Women = Gender-based violence, pay gap Indigenous Peoples = Land and resource rights issues LGBTQ+ = Discrimination and hate crimes People with Disabilities = Accessibility and built environment</p> Signup and view all the answers

Which of the following is NOT a remedy for Charter infringement?

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

The 'temporary suspension of invalidity' allows a law to remain in force while being deemed invalid.

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

What are the key issues faced by immigrants historically?

<p>Immigration policies and exclusion, nationality and racial preferences.</p> Signup and view all the answers

The idea of 'tyranny of the __________' refers to the majority's overpowering influence in a democracy.

<p>Majority</p> Signup and view all the answers

Match the following important legislation changes with their respective groups:

<p>Women = Persons Case (1929) Indigenous Peoples = Indian Act (1876) LGBTQ+ = Decriminalization of homosexuality (1969) People with Disabilities = Canadian Disabilities Act (1992)</p> Signup and view all the answers

Which of the following rights is explicitly protected under Section 2 of the Charter?

<p>Freedom of peaceful assembly (C)</p> Signup and view all the answers

The Charter was enacted in 1967.

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

What significant issues do people with disabilities face today?

<p>Accessibility challenges, economic inequality, and social stigma.</p> Signup and view all the answers

Since the Charter was established, __________ rights have also been introduced three years later.

<p>Equality</p> Signup and view all the answers

What is the primary distinction between morals and ethics?

<p>Morals determine what is right or wrong, while ethics govern behavior. (D)</p> Signup and view all the answers

The Magna Carta was signed by King John to gain support from the nobles.

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

What are two arguments against the implementation of MAID laws?

<p>Devaluation of Life and Irreversibility</p> Signup and view all the answers

The __________ Law is known as the earliest record of written law, created by Hammurabi.

<p>Code of Hammurabi</p> Signup and view all the answers

Match the following historical law elements with their descriptions:

<p>Mosaic Law = 10 Commandments and severe punishments French Civil Code = Inspired by Roman Law and revised by Napoleon Common Law = Law based on precedent and customs Code of Hammurabi = First written laws inscribed on stone</p> Signup and view all the answers

Which of the following best describes the concept of 'Rule of Law'?

<p>All people are equal before the law and entitled to due process. (D)</p> Signup and view all the answers

Under the feudal system, land ownership was hierarchical.

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

What is one key aspect of the Code of Hammurabi?

<p>Codification of laws</p> Signup and view all the answers

The __________ referred to the concept that leaders gained their power from divine right.

<p>Divine Rights</p> Signup and view all the answers

Match each law type to its main focus:

<p>Common Law = Judge-made law based on precedent Civil Law = Framework for relationships between people Statute Law = Written laws enacted by a legislative body Ethics = Moral principles governing behavior</p> Signup and view all the answers

Which aspect is NOT an argument against MAID?

<p>Enhancement of Mental Health Services (D)</p> Signup and view all the answers

The 10 days reflection period in MAID laws applies to all individuals requesting assistance.

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

Who was Hammurabi?

<p>A famous Babylonian ruler known for the Code of Hammurabi.</p> Signup and view all the answers

The __________ system refers to land being owned and leased hierarchically in medieval Europe.

<p>Feudal</p> Signup and view all the answers

Flashcards

Criminal Law

Rules outlining criminal acts and offenses against society, protecting the public from harm.

Constitutional Law

Deals with the structure of the federal government and defines the division of power between different government levels.

Administrative Law

Defines the relationships between citizens and government agencies in the context of regulations enforced by those agencies.

Procedural Law

Focuses on how legal proceedings are conducted, including the methods used by courts to hear cases.

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Case Law

A legal system where previous court rulings (precedents) heavily influence the decisions made in current cases.

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Family Law

Deals with matters that are specifically related to families, like custody disputes or divorce.

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Public Law

A type of law that focuses on offenses against the state, aiming to punish individuals for breaking the law.

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Private Law

A type of law that focuses on relationships and disputes between individuals.

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Safety in Laws & Rules

Laws and rules are designed to ensure safety by considering factors such as maturity, brain development, and decision-making abilities.

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Behavioral Control in Laws & Rules

Laws and rules govern how individuals behave in society, promoting order and preventing chaos.

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Reasonability in Laws & Rules

Laws and rules are generally based on what is considered reasonable and fair within a particular context.

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Ownership in Laws & Rules

Laws and rules establish ownership rights over property and regulate behavior related to property.

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Promoting Order in Laws & Rules

Laws and rules are designed to create a more orderly and efficient society by establishing clear guidelines for behavior and consequences for violations.

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Quality of Life and Laws & Rules

Laws and rules ultimately aim to improve the overall quality of life for individuals and society.

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Laws: Universal and Enforced

Laws are universal, applying to all members of society at all times. They are created by different levels of government and enforced with penalties for violations.

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Rules: Activity-Specific

Rules are specific to a particular activity or group and apply only to participants. They are often self-enforced within the context of that activity.

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What is a conspiracy?

An agreement between two or more people to commit a crime, such as murder, fraud, kidnapping, or treason.

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What is classical criminology?

Classical Criminology viewed criminal behavior as a result of rational choices made by individuals driven by self-interest and pleasure.

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How does positivist criminology differ from classical criminology?

Positivist criminology rejected classical criminology's view and attributed crime to biological or psychological factors that were beyond the individual's control.

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What is the main idea behind positivist criminology?

Positivist criminology believed that criminal behavior was a result of individual differences, like physical or mental characteristics.

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Who is Cesare Lombroso?

Cesare Lombroso was a key figure in positivist criminology, known for his theory of the 'born criminal' which suggested that certain physical characteristics made individuals predisposed to criminal behavior.

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What are Social Structure Theories?

Social Structure Theories argue that social factors like poverty, inequality, and lack of opportunity contribute to crime.

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What are Individual Theories?

Individual Theories focus on individual traits and choices, such as personality disorders, weak self-control, or rational choices.

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What is evidence and privileged communications?

Evidence refers to information used in legal proceedings to establish facts and support claims. Privileged communications are a type of evidence that is considered inadmissible in court.

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Nuremberg Trials

A series of trials conducted after World War II to prosecute Nazi leaders for war crimes.

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Accountability for War Crimes

The principle that following orders is not a valid defense for committing war crimes.

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UN Declaration of Human Rights

A document signed by the United Nations General Assembly that outlines fundamental human rights for all individuals.

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UN Rights of the Child

An international treaty signed by the UN General Assembly that protects the rights of children and promotes their well-being.

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UN Rights of Indigenous People

An international treaty created to protect the cultural, social, and economic rights of indigenous people globally.

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Charter of Rights and Freedoms

A document outlining the legal rights and freedoms of Canadian citizens, part of the Constitution Act of 1982.

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Rights

A claim or entitlement possessed by a person that is protected by law.

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Moral Rights

Rights based on principles of morality and involve entitlements that people are morally bound to respect.

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Natural/Human Rights

Rights that are inherent to all human beings simply because they are human.

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Legal Rights

Rights based on legal principles and involve entitlements granted by a legal system.

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Responsibilities with Rights

Responsibilities that come with having rights and privileges.

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Freedoms

The freedom to do something without being legally prevented from doing so.

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Freedom of Expression

The right to express one's thoughts, beliefs, and opinions without fear of censorship or punishment.

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Freedom of Assembly

The right to assemble peacefully and protest peacefully against government policies or actions.

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Freedom of Religion

The right to practice one's religion or belief freely and without interference.

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Morals

Your personal beliefs about what is right or wrong in terms of how society should function.

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Ethics

The set of principles that govern our behavior, often based on a shared understanding of what is right and wrong.

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Moral and Ethical Behavior

The choices we make based on our morals and ethical principles.

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Influences on Ethical Reasoning

A person's individual background and experiences influence their moral reasoning.

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MAID (Medical Assistance in Dying)

A legal practice that allows individuals with terminal illnesses to end their lives with medical assistance.

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Devaluation of Life Argument

A concern that MAID devalues human life by making it a convenient solution for suffering.

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Healthcare Professional Concerns

A concern that MAID changes the role of healthcare professionals and raises ethical questions about their involvement.

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Irreversibility Argument

A concern that MAID might lead to irreversible decisions based on potential misdiagnosis or changing circumstances.

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Historical Context Argument

A concern that MAID goes against historical perspectives on suicide, which have traditionally been condemned as a crime.

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Impedement of Medical Development Argument

A concern that MAID may impede medical research by shifting focus from research on cures to end-of-life solutions.

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Consent Argument

A concern that individuals who are mentally ill or unable to communicate might not be able to provide valid consent for MAID.

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Vague Definitions Argument

A concern that the broad definition of eligibility for MAID could lead to inconsistent applications.

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Increment Acceptance Argument

A concern that allowing MAID may lead to an expansion of the legislation beyond its intended scope.

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Cost Pressure Argument

A concern that financial constraints may lead to preferential treatment of MAID over alternative forms of care.

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Magna Carta

A historical document that established limits on the power of the English monarchy.

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Equality Before and Under the Law

The rule of law establishes that everyone is equal before the law, regardless of their status or position.

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Habeas Corpus

A legal principle that requires that individuals must be informed of the reason for their detention.

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Oakes Test

This test is used to determine whether a law restricting a Charter right is justified. The law must deal with a pressing and substantial social issue, the government's response must be reasonable and demonstrably justified, and the law must minimally impair the infringed right.

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Striking Down

A court can eliminate an entire law that violates the Charter, making it null and void.

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Partial Invalidity

Instead of striking down the entire law, only the portion of it that violates the Charter is invalidated.

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Reading Down

Courts interpret legislation narrowly to align it with the Charter, making it consistent with the protected rights.

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Reading In

The court expands a law's scope by including specific categories of individuals to ensure fairness.

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Constitutional Exemption

The entire law is deemed valid, but certain individuals are exempted from complying with it. This is a very rare outcome.

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Temporary Suspension of Invalidity

This temporary measure allows a law to remain in effect despite violating the Charter, while giving Parliament time to rewrite the law.

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Section 1

The Charter protects individual rights but can be limited if those restrictions are reasonable and demonstrably justified in a free and democratic society.

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Section 2: Fundamental Freedoms

Section 2 of the Charter guarantees fundamental freedoms, including freedom of conscience, religion, thought, belief, opinion, expression, peaceful assembly, and association.

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Sections 3-5: Democratic Rights

Rights related to governance and democratic participation, such as the right to vote in municipal, provincial, or federal elections.

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Sections 7-8: Legal Rights

Provides safety guarantees for legal matters, encompassing the right to life, liberty, and security of the person.

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Sections 9-14: Legal Rights Continued

Covers legal rights related to interactions with law enforcement, encompassing issues like search and seizure and expectation of fair treatment by authorities.

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Sections 15+: Equality Rights

Guarantees equality before and under the law and equal protection and benefit of the law without discrimination based on personal characteristics.

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Tyranny of the Majority

This refers to the power of the majority to impose their will on the minority, potentially undermining the rights of those in smaller groups. It challenges the potential for democracy to become tyrannical.

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Discrimination

Occurs when individuals or groups are treated unfairly or negatively based on their perceived difference from the majority.

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Study Notes

Law Final Review - Unit 1: Legal Heritage

  • Divisions of Law: Canadian law is divided into substantive and procedural law, with public and private law as further categories.
  • Substantive Law covers the relationships between citizens and the government, using statutes (written laws) and precedent (previous court decisions).
  • Procedural Law outlines legal processes, determining civil and criminal court proceedings.
  • Public Law centers on criminal law (Crown vs. defendant, guilty beyond reasonable doubt), the structure and functions of the federal government (constitutional law), and interactions between citizens and government agencies (administrative law).
  • Private Law encompasses property law, contract law, labor law, and tort law (general wrongdoings, except family matters), focusing on legal relationships between individuals.
  • Laws and Rules: Laws are all-encompassing and apply to everyone, while rules are specific to activities or groups. Both promote order and ensure the quality of life. The harm principle guides laws by limiting actions that harm others.
  • Law vs. Rule: Laws are broad-reaching and apply uniformly to all members of society throughout time, crafted by different levels of government. Rules are more narrowly defined, governing specific activities where only participants are bound by them.
  • Legal Reasoning: Laws reflect societal values and beliefs. Patterns and commonalities in laws and rules highlight how they promote safety and efficiency.
  • Passing a Bill Through Parliament: Bill becomes law through multiple readings (First, Second, and Third Reading), consideration in committees, and finally approval by the Senate.

Law and Government

  • John Locke and Government: Locke believed in limited government, where the majority rules but does not infringe on natural rights (life, liberty, and property). All have equal standing in a natural state with laws regulating human conduct.
  • State of Nature: Before government, humans are free and equal, governed by the law of nature emphasizing self-preservation and the rights of others.
  • Natural Law/Rights: In natural law, human rights and behaviors are fundamental and unchangeable, while civil liberties are bestowed and enforced by government.

Additional Topics

  • Laws protect property and safety: They help maintain order in society and resolve disputes through processes like mediation and courts.
  • Need for Laws: Laws are important for mediating differences, solving problems, and reflecting societal values and beliefs. They also provide a framework for social consistency and mitigate conflict. This is done via codification of legal rights into codified statements or formal documents.
  • Judicial Independence and impartiality: Courts are separate from political influence to ensure fair dealings based on evidence and facts. Judicial accountability is also a key element of a properly operating judiciary, responsible for their actions and decisions.

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