Podcast
Questions and Answers
Which legal theory posits that law is derived from moral principles and inherent rights?
Which legal theory posits that law is derived from moral principles and inherent rights?
State sovereignty implies that a state has complete authority over its territory and internal affairs.
State sovereignty implies that a state has complete authority over its territory and internal affairs.
True (A)
What is the name of the test used in Canada to assess the justification for limiting rights and freedoms?
What is the name of the test used in Canada to assess the justification for limiting rights and freedoms?
Oakes Test
A ___________ is a formal agreement between two or more states.
A ___________ is a formal agreement between two or more states.
Signup and view all the answers
Match the following sources of law with their description:
Match the following sources of law with their description:
Signup and view all the answers
Which of the following is NOT considered a primary source of law?
Which of the following is NOT considered a primary source of law?
Signup and view all the answers
The 'notwithstanding clause' allows governments to override certain sections of the Canadian Charter of Rights and Freedoms.
The 'notwithstanding clause' allows governments to override certain sections of the Canadian Charter of Rights and Freedoms.
Signup and view all the answers
What legal term refers to the principle that a person must be aware that an action is illegal to be convicted of a crime?
What legal term refers to the principle that a person must be aware that an action is illegal to be convicted of a crime?
Signup and view all the answers
The concept of _ _ _ _ allows for laws to be interpreted based on the prevailing social and political context.
The concept of _ _ _ _ allows for laws to be interpreted based on the prevailing social and political context.
Signup and view all the answers
Match the following legal terms with their descriptions:
Match the following legal terms with their descriptions:
Signup and view all the answers
Which of the following is a test used to determine if a limit to a Charter right is justified?
Which of the following is a test used to determine if a limit to a Charter right is justified?
Signup and view all the answers
The Kyoto Protocol is a treaty that relates to the protection of Indigenous rights in Canada.
The Kyoto Protocol is a treaty that relates to the protection of Indigenous rights in Canada.
Signup and view all the answers
What is the term for the legal concept that ensures a fair trial by requiring that evidence be shared with the accused?
What is the term for the legal concept that ensures a fair trial by requiring that evidence be shared with the accused?
Signup and view all the answers
Signup and view all the answers
Study Notes
Terms to Know
- Democracy: A system of government where power is vested in the people.
- Morality: Principles concerning the distinction between right and wrong or good and bad behavior.
- Procedural law: Rules that govern the process of legal proceedings.
- Tort law: Law dealing with civil wrongs and remedies.
- Legal Positivism: The theory that law's validity depends on its source and its social recognition.
- Case Law: Law established by judicial precedents.
- Secondary Sources of Law: Legal materials that analyze, explain, or interpret primary sources, like law reviews.
- Primary Sources of Law: Legal materials containing the actual rules of law; e.g., statutes, constitutions.
- Multilateral: Involving multiple nations.
- Case Law (remedies): Means of redress in legal disputes.
- Oakes test: A test to determine whether a law violates Charter rights.
- Grant test: A test to determine whether a law is discriminatory.
- Carbon Tax: A tax on carbon emissions.
- Collective Bargaining: Negotiations between employers and employees to determine terms of employment.
- Judicial Activism: A philosophy of judicial review where judges take an active role in shaping public policy.
- World Trade Organization: An international organization that regulates international trade.
- Mens Rea: The mental element of a crime, the intent or knowledge involved.
- Affirmative Defence: A claim or set of claims in a legal case in which a defendant seeks to reduce liability.
- Plea Bargain: An agreement between the prosecutor and the defendant to reduce charges or sentences in exchange for a guilty plea.
- Criminology: The study of crime.
- Reid Technique: A method of interrogation used by police.
- Right of Refusal (Labour): The right of employees to refuse certain work duties.
- Justice: Impartial and fair treatment, conformity with the principles of righteousness and fairness, or a person who is considered to be impartial and just.
- Human Rights: Moral rights that belong to all individuals regardless of their nationality, gender, or ethnicity.
- Criminal Law: Body of law concerning criminal offenses, their prosecution/treatment.
- Property Law: Law that governs the ownership and use of things.
- Legal Realism: A theory that the actual practice of law is more important than the rules or principles themselves.
- Statute Law: Law that is established by a legislative body.
- Precedent: A judicial decision that serves as a model for subsequent legal cases.
- Citation: Record of a court decision or legal authority.
- Extradition: The process of returning a person to a country for trial for a crime.
- Jurisdiction: A court's power or authority to make judgments.
- Rule of Law: The principle that all individuals and institutions need to be accountable under the law, thus reducing arbitrary power.
- Judicial independence: The principle that judges should be free from improper influence when making decisions.
Other Concepts
- State Sovereignty: The supreme power and authority of a nation-state within its own territory and affairs.
- Substantive Law: The law that defines the substance of legal rights and obligations.
- Contract Law: Deals with agreements between parties.
- Natural Law: Belief that there is a universal moral law, inherent to nature or human reasoning.
- Feminist Jurisprudence: A legal theory that investigates the role of gender inequality in the law and seeks remedies.
- Critical Legal Theory: A collection of critical approaches to law, often emphasizing that law is shaped by ideology and political power.
- Constitution: A fundamental plan for a government.
- Conciliation: The act or process of mediating between disputing parties.
- Treaty: A formal agreement between countries
- Ratification: Approval of an agreement.
- Undue Hardship: An obstacle that's excessively difficult.
- Striking down: invalidating a law.
- Ontario Human Rights Commission: An organization that oversees human rights in Ontario, Canada.
- Environmental Protection Act: Legislation that protects the environment.
- Employment Standards Act: Laws and regulations concerning employment.
- Kyoto Protocol: An international agreement on climate change.
- Gladue Principle: Consideration for Indigenous people.
- "Right to Work" legislation: Laws that limit the power of labor unions.
- Actus Reus: The physical or external action of an offense.
- Criminal Negligence: Gross disregard for the safety of others.
- Disclosure: Revealing relevant information.
- Strain theory: A sociological theory to explain crime and deviance.
- Summary Offences: Minor offences with less severe penalties, often dealt with in summary hearings.
- Rand Formula: A scheme used to select a jury.
- Peremptory Challenge: Opportunity to reject potential jurors without reason, within legal limits.
- Wilful Blindness: Ignorance of facts, typically used in criminal cases.
- Mistake of fact (def): A defense in criminal law where the mistaken belief is reasonable.
- Indian Act: Canadian legislation dealing with Indigenous peoples.
- Broken Window Theory: Social disorder leads to more crime.
- Indictable Offences: Serious offenses requiring a jury trial and potentially carrying harsher penalties.
- Not Criminally Responsible (NCR): Circumstances in which someone isn't held accountable for a crime because of a mental disorder.
- Negativing Defence: A defense that attempts to disprove an accusation in a legal case.
- Mistake of Law (Def): A defense in criminal law that relies on an honest but erroneous belief about law.
- Treaties (First Nations): Agreements between the federal government and Indigenous groups.
- Boushie Case: (Likely) a legal case related to a specific point of law.
- Hybrid offenses: Offenses that can be categorized in several situations under criminal law.
Additional Questions for Study
- How/why do laws change? Social values, technology, interpretation.
- Types of law (criminal, tort, contract): Each form of law has its features related to intent and punishment.
- Theories of Law (Natural Law, Legal Positivism, Legal Realism, Critical Legal Theory): These are different schools of thought on how law operates and what it means.
- Sources of law: Understand their relationships among themselves.
- Oakes test and application: How the test weighs freedom against the intent of legislation.
- Jurisdictional issues: How to differentiate between provincial and federal jurisdiction.
- Evidence exclusion: Legal principles for excluding evidence in courts.
- Supreme Court of Canada and significance: Its role and impact on the Canadian legal system.
- Collective bargaining: Process of negotiations between employers and workers.
- Environmental protection: Government approaches to protect the environment.
- Climate change issues: International approaches and global considerations.
- Worker rights: Examination of issues related to worker's rights, both domestically and internationally.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
Related Documents
Description
Test your knowledge of key legal concepts and terms essential for understanding the law. This quiz covers topics such as democracy, tort law, procedural law, and various tests used in legal analysis. Challenge yourself and see how well you can define and apply these important legal principles.
