Podcast
Questions and Answers
Who are the founders of Classical Criminology?
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.
Jokes or threats are considered conspiracy.
False (B)
What was the main focus of Positivist Criminology?
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.'
Cesare Lombroso is known as the founder of the '______ criminal.'
What does Classical Criminology suggest is the purpose of punishment?
What does Classical Criminology suggest is the purpose of punishment?
Match the criminological perspectives with their main focus:
Match the criminological perspectives with their main focus:
Positivist Criminology accepts the concept of free will.
Positivist Criminology accepts the concept of free will.
Name one type of evidence that is considered privileged communication.
Name one type of evidence that is considered privileged communication.
What defines criminal law in Canada?
What defines criminal law in Canada?
Private law includes criminal law.
Private law includes criminal law.
What is the relationship between substantive law and procedural law?
What is the relationship between substantive law and procedural law?
____ law deals with health and safety in the workplace.
____ law deals with health and safety in the workplace.
Match the following types of law with their definitions:
Match the following types of law with their definitions:
Which of the following is a characteristic of public law?
Which of the following is a characteristic of public law?
Civil law requires a guilt determination of more than 99.99%.
Civil law requires a guilt determination of more than 99.99%.
What is the primary focus of family law?
What is the primary focus of family law?
Which of the following is NOT a pattern or commonality in laws and rules?
Which of the following is NOT a pattern or commonality in laws and rules?
Laws are made by different levels of government and apply to all members of society at all times.
Laws are made by different levels of government and apply to all members of society at all times.
What principle states that actions of individuals should only be limited to prevent harm to others?
What principle states that actions of individuals should only be limited to prevent harm to others?
Laws establish a set of rules that are mandatory and involve a detailed system of __________.
Laws establish a set of rules that are mandatory and involve a detailed system of __________.
Match the following characteristics with either 'Laws' or 'Rules':
Match the following characteristics with either 'Laws' or 'Rules':
Which of the following is a function of law?
Which of the following is a function of law?
Rules apply universally to everyone regardless of participation.
Rules apply universally to everyone regardless of participation.
What does systematic law involve?
What does systematic law involve?
What was the main purpose of the Nuremberg Trials?
What was the main purpose of the Nuremberg Trials?
The UN Declaration of Human Rights was signed on November 20, 1989.
The UN Declaration of Human Rights was signed on November 20, 1989.
What does the UN Rights of the Child aim to protect?
What does the UN Rights of the Child aim to protect?
The Charter of Rights and Freedoms is a part of the __________ Act of 1982.
The Charter of Rights and Freedoms is a part of the __________ Act of 1982.
Match the following documents with their primary focus:
Match the following documents with their primary focus:
Which of the following statements about rights is true?
Which of the following statements about rights is true?
Natural rights are entitlements people have simply by being human beings.
Natural rights are entitlements people have simply by being human beings.
In what year was the UN Rights of Indigenous Peoples signed?
In what year was the UN Rights of Indigenous Peoples signed?
Legal Rights are based on __________ principles.
Legal Rights are based on __________ principles.
What does the UN Rights of Indigenous Peoples ensure?
What does the UN Rights of Indigenous Peoples ensure?
Responsibilities do not accompany rights.
Responsibilities do not accompany rights.
What is a primary condition for limiting Charter rights according to Section 1?
What is a primary condition for limiting Charter rights according to Section 1?
The 'Oakes Test' evaluates if a government's response to a social problem is reasonable and justified.
The 'Oakes Test' evaluates if a government's response to a social problem is reasonable and justified.
Which document serves as a foundation for all human rights law?
Which document serves as a foundation for all human rights law?
What is meant by 'partial invalidity' in the context of law?
What is meant by 'partial invalidity' in the context of law?
Freedoms refer to what a person may do without being __________ from doing so by law.
Freedoms refer to what a person may do without being __________ from doing so by law.
Match the following types of rights with their definitions:
Match the following types of rights with their definitions:
Section 2 of the Charter outlines the four categories of __________ rights.
Section 2 of the Charter outlines the four categories of __________ rights.
Match the category of individuals with their relevant issues faced today:
Match the category of individuals with their relevant issues faced today:
Which of the following is NOT a remedy for Charter infringement?
Which of the following is NOT a remedy for Charter infringement?
The 'temporary suspension of invalidity' allows a law to remain in force while being deemed invalid.
The 'temporary suspension of invalidity' allows a law to remain in force while being deemed invalid.
What are the key issues faced by immigrants historically?
What are the key issues faced by immigrants historically?
The idea of 'tyranny of the __________' refers to the majority's overpowering influence in a democracy.
The idea of 'tyranny of the __________' refers to the majority's overpowering influence in a democracy.
Match the following important legislation changes with their respective groups:
Match the following important legislation changes with their respective groups:
Which of the following rights is explicitly protected under Section 2 of the Charter?
Which of the following rights is explicitly protected under Section 2 of the Charter?
The Charter was enacted in 1967.
The Charter was enacted in 1967.
What significant issues do people with disabilities face today?
What significant issues do people with disabilities face today?
Since the Charter was established, __________ rights have also been introduced three years later.
Since the Charter was established, __________ rights have also been introduced three years later.
What is the primary distinction between morals and ethics?
What is the primary distinction between morals and ethics?
The Magna Carta was signed by King John to gain support from the nobles.
The Magna Carta was signed by King John to gain support from the nobles.
What are two arguments against the implementation of MAID laws?
What are two arguments against the implementation of MAID laws?
The __________ Law is known as the earliest record of written law, created by Hammurabi.
The __________ Law is known as the earliest record of written law, created by Hammurabi.
Match the following historical law elements with their descriptions:
Match the following historical law elements with their descriptions:
Which of the following best describes the concept of 'Rule of Law'?
Which of the following best describes the concept of 'Rule of Law'?
Under the feudal system, land ownership was hierarchical.
Under the feudal system, land ownership was hierarchical.
What is one key aspect of the Code of Hammurabi?
What is one key aspect of the Code of Hammurabi?
The __________ referred to the concept that leaders gained their power from divine right.
The __________ referred to the concept that leaders gained their power from divine right.
Match each law type to its main focus:
Match each law type to its main focus:
Which aspect is NOT an argument against MAID?
Which aspect is NOT an argument against MAID?
The 10 days reflection period in MAID laws applies to all individuals requesting assistance.
The 10 days reflection period in MAID laws applies to all individuals requesting assistance.
Who was Hammurabi?
Who was Hammurabi?
The __________ system refers to land being owned and leased hierarchically in medieval Europe.
The __________ system refers to land being owned and leased hierarchically in medieval Europe.
Flashcards
Criminal Law
Criminal Law
Rules outlining criminal acts and offenses against society, protecting the public from harm.
Constitutional Law
Constitutional Law
Deals with the structure of the federal government and defines the division of power between different government levels.
Administrative Law
Administrative Law
Defines the relationships between citizens and government agencies in the context of regulations enforced by those agencies.
Procedural Law
Procedural Law
Focuses on how legal proceedings are conducted, including the methods used by courts to hear cases.
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Case Law
Case Law
A legal system where previous court rulings (precedents) heavily influence the decisions made in current cases.
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Family Law
Family Law
Deals with matters that are specifically related to families, like custody disputes or divorce.
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Public Law
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
Private Law
A type of law that focuses on relationships and disputes between individuals.
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Safety in Laws & Rules
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
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
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
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
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
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: 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: 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?
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?
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?
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?
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?
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?
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?
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?
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
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
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
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
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
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
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
Rights
A claim or entitlement possessed by a person that is protected by law.
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Moral Rights
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
Natural/Human Rights
Rights that are inherent to all human beings simply because they are human.
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Legal Rights
Legal Rights
Rights based on legal principles and involve entitlements granted by a legal system.
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Responsibilities with Rights
Responsibilities with Rights
Responsibilities that come with having rights and privileges.
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Freedoms
Freedoms
The freedom to do something without being legally prevented from doing so.
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Freedom of Expression
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
Freedom of Assembly
The right to assemble peacefully and protest peacefully against government policies or actions.
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Freedom of Religion
Freedom of Religion
The right to practice one's religion or belief freely and without interference.
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Morals
Morals
Your personal beliefs about what is right or wrong in terms of how society should function.
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Ethics
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
Moral and Ethical Behavior
The choices we make based on our morals and ethical principles.
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Influences on Ethical Reasoning
Influences on Ethical Reasoning
A person's individual background and experiences influence their moral reasoning.
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MAID (Medical Assistance in Dying)
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
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
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
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
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
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
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
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
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
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
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
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
Habeas Corpus
A legal principle that requires that individuals must be informed of the reason for their detention.
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Oakes Test
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
Striking Down
A court can eliminate an entire law that violates the Charter, making it null and void.
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Partial Invalidity
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
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
Reading In
The court expands a law's scope by including specific categories of individuals to ensure fairness.
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Constitutional Exemption
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
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
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: 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
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
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
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
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
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
Discrimination
Occurs when individuals or groups are treated unfairly or negatively based on their perceived difference from the majority.
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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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