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.