Legal Concepts and Terms Quiz

Terms to Know

• Democracy: A system of government where citizens hold power.
• Morality: Principles concerning the distinction between right and wrong or good and bad behavior.
• Procedural law: Rules for how courts operate and legal processes unfold.
• Tort law: Addresses civil wrongs and remedies for damages.
• Legal positivism: Legal validity comes from the source and not its moral content.
• Case law: Judicial rulings.
• Secondary Sources of Law: Legal materials explaining or interpreting law (e.g., commentaries, articles).
• Primary Sources of Law: Fundamental legal documents (e.g., statutes, treaties).
• Multilateral: Involving multiple nations.
• Case Law (Remedies): Legal remedies provided in court decisions.
• Oakes Test: A test to determine if a law infringes on Charter rights.
• Grant Test: A test for the limit of taxing power under the Canada Constitution Act.
• Carbon Tax: A tax on carbon emissions.
• Collective Bargaining: Negotiations between employers and employees.
• Judicial Activism: Judicial decisions that are controversial.
• World Trade Organization: An international organization that promotes free trade.
• Mens Rea: Mental element of a crime.
• Affirmative Defence: A defence that, even if the facts as presented are true the accused is not guilty.
• Plea Bargain: Negotiation of a criminal case to avoid further legal procedures.
• Criminology: Study of crime.
• Reid Technique: Police interrogation method.
• Right of Refusal (Labour): The right of workers to refuse unsafe working conditions.

Key Legal Concepts

• Justice: Fairness and the ideal upholding the laws.
• Human rights: Fundamental rights belonging to all people.
• Criminal law: Laws punishing criminal behavior.
• Property law: Laws governing ownership and transfer of property.
• Legal Realism: Focuses on actual legal outcomes and the influence of judges on outcomes.
• Statute Law: Laws passed by a legislature.
• Precedent: Past legal decisions that guide future cases.
• Citation: Identifying legal sources through references.
• Extradition: Legal process to return a person to a different jurisdiction.
• Jurisdiction: Area where a court/law has legal authority to make decisions.
• Rule of Law: Legal principles applied to everyone equally.
• Judicial Independence: Judges are free from external pressures to ensure impartial rulings.
• State Sovereignty: A state's ultimate authority within its territory.
• Substantive Law: Rules and rights addressed.
• Contract Law: The enforcement of legally binding agreements.
• Natural Law: Laws based on morally sound principles.

Specific Laws and Legal Concepts

• Treaty: Formal, binding agreement between countries.
• Ratification: Formal approval by a country of a treaty.
• Undue hardship: Extreme or unjustifiable burden.
• Striking down: Declaring a law invalid.
• Affirmative action: Policies supporting particular groups.
• Notwithstanding clause: Power to override certain legal rights.
• Duty to accommodate: Adjusting actions to avoid discrimination.
• Environmental Assessment Act : Laws and regulations for environmental protections.
• Occupational Health & Safety Act: Regulations for workplace safety.
• International Criminal Court: International court to prosecute crimes against humanity.
• Peremptory Challenge: Removing a juror, possibly for bias.
• Wilful Blindness: Intentionally avoiding the truth.
• Int'l Labour Organization: International body focused on labor.
• Cap and trade policies: Environmental regulation that limits emissions.
• Mistake of fact: A legal defence based on the misconception of established facts.
• Mistake of law: A legal defence when the accused believes a law is different or not legally possible.
• Treaties (First Nations): Agreements between Canada and indigenous communities.
• Boushie Case: A legal case with particular facts or outcomes.
• Hybrid offences: Offences containing aspects of various legal classifications.
• Environmental Protections Act: Governs environmental protections.
• Ontario Human Rights Commission: Protecting the rights of the citizens.
• Employment Standards Act: Ensuring fair employment practices.
• Kyoto Protocol: International agreement targeting climate change.
• Gladue Principle: Court recognizes the history and culture of Aboriginal peoples when sentencing.
• 'Right to work' legislation: Laws allowing employers to hire without demanding adherence to unions.
• Actus Reus: Criminal action.
• Criminal Negligence: Failure to take reasonable care, causing harm.
• Disclosure: Revealing information.
• Strain theory: Explanations for crime influenced by societal factors.
• Summary Offences: Minor offences.
• Summary Offences: Lesser crimes often subject to a more swift resolution.
• Rand Formula: Method for distributing assets or profits.
• Standard Form: Agreement form with pre-written terms.

Further Study Points

• How/why do laws change? Factors that influence legislative changes.
• Types of law: Understanding different legal classifications (criminal, tort, contract).
• Theories of Law: Different philosophies for understanding legal operation (e.g., Natural Law, Legal Positivism).
• Sources of law: Understanding where legal concepts originate from (e.g., historical events, statutes, treaties).
• State sovereignty, treaties, extradition, and Diplomats: The powers and limitations for countries when interacting with other countries.
• Oakes test and application to limiting rights: Understand how this test is used to evaluate limitations on rights.
• Jurisdictional issues: How power is divided and issues resolved when different levels of government are involved.
• Grounds and social area for discrimination: Factors that lead to discrimination lawsuits.
• Court decisions/evidence exclusion: Factors that courts use to evaluate evidence admissibility.
• Significance of the Supreme Court of Canada: The Court's main role in the Canadian legal system.
• Collective bargaining process: Steps and procedures in labor negotiations.
• Protecting environment: Discussion on effective methods for environmental regulation.
• International and climate change issues: Global approaches to climate change and benefits/drawbacks for these approaches.
• International Criminal Court: Understanding powers and role in resolving international issues.