Legal Concepts and Their Significance

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Questions and Answers

Workers can agree to work for less than the statutory minimum wage if they choose to.

False (B)

Which of the following is NOT considered an example of an unconscionable action or term?

  • Forcing workers to exceed legal limits without fair compensation.
  • Labeling employees as independent contractors to deny them benefits.
  • Including non-compete clauses that limit future job prospects.
  • Offering workers a bonus based on their performance. (correct)
  • Including clauses that heavily favor the employer, such as unpaid overtime.

Legal jurisprudence refers to the ______, theories, and principles that underpin the law.

philosophy

What does the text suggest is a potential consequence of marginalized communities being underrepresented in lawmaking?

<p>Legal jurisprudence often reflects the perspectives of dominant groups.</p> Signup and view all the answers

Match the following legal concepts to their definitions:

<p>Unconscionable = A philosophy or set of principles that guide the law Jurisprudence = Terms or contracts that are excessively unfair or one-sided Qualified Immunity = A legal doctrine that shields law enforcement from accountability for certain actions Systemic Bias = Prejudice or discrimination embedded within a system or institution</p> Signup and view all the answers

Legal systems are always designed to actively redress historical injustices.

<p>False (B)</p> Signup and view all the answers

What is one way that legal systems are attempting to mitigate prejudiced decision-making?

<p>Implicit bias training for judges and lawyers.</p> Signup and view all the answers

Why is the text mentioning the concept of 'qualified immunity'?

<p>To highlight a potential issue where legal jurisprudence may not adequately address concerns of accountability. (D)</p> Signup and view all the answers

Which of the following best describes the concept of 'conspiracy' in law?

<p>An agreement between two or more people to commit an illegal act. (A)</p> Signup and view all the answers

Substantive law identifies the rights and duties of a person or level of government.

<p>True (A)</p> Signup and view all the answers

What is the fundamental principle that ensures everyone is subject to the law?

<p>rule of law</p> Signup and view all the answers

If accommodating someone would cause a significant economic impact on their employment, it is considered an ____ _____.

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

Match the following legal concepts with their descriptions:

<p>Tort Law = Deals with civil wrongs and damages outside of contracts Restraint of Power = Limits on government authority to prevent abuse Substantive Law = Identifies rights and duties Conspiracy = Agreement between two or more to commit an illegal act</p> Signup and view all the answers

In a scenario where someone slips on a wet floor in a grocery store, which area of law is most relevant?

<p>Tort Law (A)</p> Signup and view all the answers

Restraint of power ensures that there are no limits on the authority of government officials.

<p>False (B)</p> Signup and view all the answers

Name one example of a situation where undue hardship might be claimed by an employer.

<p>accommodating a specific medical need by an employee</p> Signup and view all the answers

What is another term for statute law?

<p>Statutory law (B)</p> Signup and view all the answers

A white paper bill is a final version of legislation presented to the government.

<p>False (B)</p> Signup and view all the answers

What does 'due diligence' refer to in a legal context?

<p>It refers to the reasonable steps taken to investigate and verify information before making decisions.</p> Signup and view all the answers

When a person chooses to remain silent during interrogation to avoid providing self-incriminating statements, they are invoking their right against _______.

<p>self-incrimination</p> Signup and view all the answers

Which of the following best describes a presumptive offense?

<p>An offense where guilt is presumed unless proven otherwise (C)</p> Signup and view all the answers

Match the term with its correct definition:

<p>Statute Law = Laws created by a legislative body Amending Formula = A method for making changes to a constitution Inalienable Rights = Rights that cannot be surrendered or transferred</p> Signup and view all the answers

An amending formula in Canada involves the British parliament.

<p>False (B)</p> Signup and view all the answers

Briefly describe the concept of 'inalienable rights' within the context of labor laws.

<p>Inalienable rights in labor laws refer to rights that cannot be surrendered, sold, or transferred by the worker, regardless of any agreement.</p> Signup and view all the answers

What fundamental legal principle protects the rights of the accused?

<p>Presumption of innocence (A)</p> Signup and view all the answers

The prosecution is required to prove the accused's innocence in court.

<p>False (B)</p> Signup and view all the answers

What is the main focus of legal realism?

<p>The practical application of law as interpreted by judges in courts.</p> Signup and view all the answers

The __________ agreement has led many countries to adopt renewable energy policies.

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

Match the following concepts with their descriptions:

<p>Presumption of Innocence = Person is innocent until proven guilty Legal Realism = Law examined through actual court practices Charter Section 11(d) = Right to a fair and public hearing World Trade Organization = Promotes economic growth globally</p> Signup and view all the answers

Which of the following is a reason that treaty implementation may fall short?

<p>Political resistance (A)</p> Signup and view all the answers

In Canada, a person charged with an offense has the right to be presumed guilty until proven innocent.

<p>False (B)</p> Signup and view all the answers

What legal protection is often available for individuals who cannot afford a lawyer?

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

What does the subjective standard of mens rea focus on?

<p>The accused's personal intentions and mindset (C)</p> Signup and view all the answers

Objective mens rea evaluates actions against the personal intentions of the accused.

<p>False (B)</p> Signup and view all the answers

Which of the following best describes the concept of Legal Realism?

<p>Legal decisions are influenced by social, political, and economic factors. (D)</p> Signup and view all the answers

Regulatory laws are only enforced at the federal level in Canada.

<p>False (B)</p> Signup and view all the answers

What is the role of victim impact statements in court?

<p>To give victims a voice and provide judges with information about the impact of the crime.</p> Signup and view all the answers

The concept of a ______ system refers to international cooperation addressing transnational challenges.

<p>new world order</p> Signup and view all the answers

Name one federal agency responsible for enforcing regulatory laws in Canada.

<p>Royal Canadian Mounted Police (RCMP)</p> Signup and view all the answers

The ___________ enforces regulations related to broadcasting and telecommunications in Canada.

<p>Canadian Radio-television and Telecommunications Commission (CRTC)</p> Signup and view all the answers

Which of the following is a benefit of victim impact statements?

<p>They provide insight into the victim's experiences. (C)</p> Signup and view all the answers

Which body specifically deals with immigration and customs enforcement?

<p>Canada Border Services Agency (CBSA) (B)</p> Signup and view all the answers

Match the concepts with their descriptions:

<p>Subjective mens rea = Focuses on the accused's intent and mindset Objective mens rea = Evaluates actions against societal standards Victim impact statement = Provides victims a voice in court New world order = International cooperation on global issues</p> Signup and view all the answers

Match the enforcement body to its area of focus:

<p>Royal Canadian Mounted Police (RCMP) = Criminal law and regulatory offenses City Bylaw Officers = Local regulatory matters such as building codes Provincial Ministries = Enforcement of provincial regulations Canada Border Services Agency (CBSA) = Customs and immigration enforcement</p> Signup and view all the answers

Globalization has no impact on international treaties.

<p>False (B)</p> Signup and view all the answers

Regulatory laws are intended to ensure the economic stability and safety of society.

<p>True (A)</p> Signup and view all the answers

How do victim impact statements assist offenders in the courtroom?

<p>They may help offenders understand the harm they have caused, potentially influencing their remorse and rehabilitation.</p> Signup and view all the answers

What is one purpose of regulatory laws?

<p>To promote public safety</p> Signup and view all the answers

Flashcards

What is Conspiracy?

An agreement between two or more people to commit an illegal act, or to achieve a lawful act through illegal means.

What is Substantive Law?

A law that identifies the rights and duties of a person or level of government.

What is the Rule of Law?

The fundamental principle that society is governed by law applying equally to all people.

What is Undue Hardship?

The result of a change that would affect the economic viability of an employer or produce a substantial health or safety risk that outweighs the benefits of accommodating someone.

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What is Tort Law?

The area of private law covering civil wrongs and damages that one person or company causes to another, when the wrongs damages arise independently of a contractual relationship.

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What is Restraint of Power?

Refers to limits or checks placed on the authority of government officials or any entity in a position of power. These constraints are crucial to ensure that no one becomes too powerful or acts in ways that could violate the rights of individuals.

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Statute Law

Laws created and passed by a legislative body like a parliament or congress. They are formally written and go through a specific process.

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White Paper

A detailed proposal outlining new laws or policies, often presented by the government.

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Presumptive Offense

A legal presumption that someone committed an offense based on evidence, facts, or circumstances. It shifts the burden of proof onto the individual to prove innocence.

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Due Diligence

The careful steps taken to verify and gather information before making decisions, especially in legal, financial, or business contexts.

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Amending Formula

A method for changing a constitution without involving a previous authority like a foreign parliament.

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Self-Incrimination

The act of saying or doing something that could be used against you in a legal case.

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Inalienable Rights

Rights that cannot be given up, sold, or transferred, even with consent. They are inherent and cannot be taken away.

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Unconscionable Contract

An unfair or exploitative agreement that a person is forced to accept because of their circumstances.

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Subjective Mens Rea

A mental state that refers to the accused's intention to commit a crime. It focuses on the individual's internal thoughts and motivations.

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Objective Mens Rea

A mental state that evaluates the accused's actions against societal norms and expectations. It focuses on whether the behavior was reasonable, regardless of intent.

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Victim Impact Statement (VIS)

A written or oral statement by the victim (or their family) that describes the impact of the crime during sentencing.

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Purpose of Victim Impact Statements

It provides courts insights into the consequences of a crime, helping to guide sentencing decisions within legal frameworks.

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New World Order

A system where international cooperation, treaties, and organizations take a leading role in addressing transnational challenges.

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Key Concept of New World Order

The interconnectedness of global markets forces countries to collaborate on trade rules, labor standards, and financial regulation.

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Mens Rea

A mental state that signifies the accused's intention to commit a crime. It focuses on their internal thoughts and motivations.

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Actus Reus

The act of doing the crime. It refers to the physical act of committing the offense.

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Presumption of Innocence

The idea that all individuals are innocent until proven guilty beyond a reasonable doubt. This principle safeguards against unfair punishment or stigmatization without concrete evidence.

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Legal Realism

This legal philosophy emphasizes the practical application of law in courtrooms, acknowledging that judges' interpretations and decisions shape the law.

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Globalization's Impact on Treaties

A global phenomenon that influences norms, values, and ideas, impacting treaty-making in areas like human rights and environmental sustainability.

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Challenges in Treaty Implementation

Challenges arise in implementing international agreements like climate change or trade deals due to political resistance, economic inequality, and lack of enforcement mechanisms.

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Paris Agreement's Influence on Energy Policy

The Paris Agreement has inspired many nations to adopt renewable energy policies and set targets for net-zero emissions, signifying a global shift towards sustainable energy.

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The WTO's Impact on Global Economy

The World Trade Organization has played a significant role in promoting economic growth and lifting millions out of poverty through trade liberalization and global economic integration.

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Qualified Immunity

A legal doctrine that protects public officials from being sued for actions taken in their official capacity, even if those actions were wrongful. It is often criticized for shielding misconduct by law enforcement.

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Workplace Safety Laws

The legal principle that employers must provide a safe and healthy workplace for their employees, and this cannot be waived by the employees.

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Legal Jurisprudence

The philosophical foundations, theories, and principles underpinning the legal system. It often reflects the perspectives and values of those in power.

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Systemic Bias in Law

The belief that the legal system systematically favors certain groups, often those with power and privilege, over others, leading to unfair outcomes. It often reflects historical inequalities and societal biases.

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Minimum Wage Laws

A legal requirement that employers must pay their workers at least the minimum wage established by law. Workers cannot agree to work for less than this legal minimum.

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Rest Periods & Maximum Working Hours

Legal provisions that guarantee workers certain periods of rest during their workday and limit the number of hours they can work consecutively.

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Unfair Contract Clauses

Including clauses in employment contracts that heavily favor the employer, such as unpaid overtime, non-compete clauses that restrict future job prospects, or penalties for leaving a job.

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What are regulatory laws?

Laws created by government agencies to regulate behaviour in specific areas or industries. These laws aim to protect the public and promote fairness, safety, and environmental protection.

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What is Legal Realism?

Legal approach that recognizes that judicial decisions are influenced by factors beyond just fixed rules, such as social, political, and economic considerations.

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What is the RCMP's role in Canada?

The Royal Canadian Mounted Police (RCMP) is a federal law enforcement agency that enforces federal laws like criminal law, immigration regulations, and certain regulatory offences.

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What does the CBSA do?

The Canada Border Services Agency (CBSA) enforces regulations related to customs, immigration, and the import/export of goods.

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What is the role of Provincial Police?

Provincial police forces, like the Ontario Provincial Police, enforce laws within their respective provinces, including provincial regulations and certain criminal offenses.

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What do Provincial Ministries do?

Provincial ministries, such as the Ministry of the Environment, enforce provincial laws related to specific areas like health, environment, and labor.

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What are Local Police Departments responsible for?

Local police departments enforce municipal laws like traffic regulations, bylaw enforcement, and local ordinances.

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What do City Bylaw Officers do?

City Bylaw Officers enforce specific local regulations related to zoning laws, building codes, and noise regulations.

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Study Notes

  • Conspiracy: An agreement between two or more people to commit an illegal act or achieve a lawful act through illegal means. Example: planning a bank robbery.
  • Substantive Law: Defines the rights and duties of individuals or governments. Example: determining theft in a shoplifting situation.
  • Rule of Law: The principle that all people are subject to the law, regardless of their position of power. Example: a government official being held accountable for embezzlement.
  • Undue Hardship: A change that significantly impacts the economic viability or safety of an employer. Example: allowing a worker to work from home to accommodate a medical need.
  • Tort Law: Deals with civil wrongs and damages between individuals. Example: a customer slipping in a grocery store and getting injured.

Part B: Short Answers

  • Inalienable Rights: Rights that cannot be given up or taken away. Example: minimum wage protections.
  • Unconscionable Contracts/Actions: Contracts or actions that are extremely unfair or one-sided. Example: pressuring employees to violate safety protocols for poor compensation.
  • Legal Jurisprudence: The philosophy, theories, and principles underlying the law. Example: considering the perspectives of marginalized groups in lawmaking.

Part C: Objective vs. Subjective

  • Subjective Mens Rea: Focuses on the accused's intentions and mindset.
  • Objective Mens Rea: Evaluates actions against a "reasonable person" standard.
  • Relevance: Understanding the change in standards to determine culpability.

Part D: Victim Impact Statements

  • Relevance: Victims' statements provided in court during sentencing. Example: offering details about harm caused.

Part E: Globalization and International Treaties

  • New World Order: A system of global governance emphasizing international cooperation and organizations.
  • Examples: Trade agreements, climate change treaties, and labor standards.
  • Challenges: Political resistance, economic disparities, and weak enforcement mechanisms.

Part F: Presumption of Innocence

  • Definition: A legal principle stating that a person is presumed innocent until proven guilty.
  • Importance: Ensures a fair legal system.
  • Focus: Examines law as it is applied in real-world court cases, rather than in theory.
  • Judges' Role: Emphasizes the role of individual judges' interpretations and actions.
  • Perspective Shifting: Looking beyond formal laws to understand underlying factors that influence legal decisions.

Part H: Regulatory Laws

  • Definition: Secondary legislation established by government authorities.
  • Examples: Laws and guidelines for specific industries or actions (environmental regulations, labor standards).
  • Enforcement: Often enforced by government agencies or bodies.

Part I: 20th-Century Legislation

  • Labor Laws: Legislation focusing on workers' rights led to collective bargaining, improved working conditions, and enhanced labor protections.
  • Environmental Laws: Focused on environmental regulations relating to protection of resources, and reducing pollution.

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