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

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

    Private law includes criminal law.

    <p>False</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.</p> Signup and view all the answers

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

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

    Rules apply universally to everyone regardless of participation.

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

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

    <p>False</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.</p> Signup and view all the answers

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

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

    Responsibilities do not accompany rights.

    <p>False</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.</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</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</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</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</p> Signup and view all the answers

    The Charter was enacted in 1967.

    <p>False</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.</p> Signup and view all the answers

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

    <p>True</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.</p> Signup and view all the answers

    Under the feudal system, land ownership was hierarchical.

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

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

    <p>False</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

    Study Notes

    • 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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    Description

    Prepare for your law final with this comprehensive review of Unit 1, focusing on the divisions of law in Canada. Explore the distinctions between substantive and procedural law, as well as public and private law. This quiz will help reinforce your understanding of the key concepts and legal frameworks integral to Canadian law.

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