Understanding Law and Legal Principles
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Questions and Answers

What is the main purpose of law according to Fuller?

  • To promote economic competition among citizens
  • To guide human behavior and maintain social order (correct)
  • To create a monopoly in governance
  • To ensure the dominance of a single political party

According to Selznick, what is essential for achieving just laws and justice?

  • A constitution that is not enforced
  • A powerful ruling class
  • Public opinion polls
  • An independent body to challenge the ruling power (correct)

Which statement best describes a written constitution?

  • It is subject to frequent changes without formal approval
  • It is a comprehensive statement of government principles and rights (correct)
  • It consists of unwritten traditional values
  • It serves as a mere guideline without legal authority

What distinguishes unwritten constitutions from written ones?

<p>Unwritten constitutions rely on traditional values rather than written laws (C)</p> Signup and view all the answers

How does a constitution function as a blueprint for law?

<p>It provides a framework for how power and authority are exercised (C)</p> Signup and view all the answers

What does Marxism argue regarding the nature of law?

<p>Law is an instrument wielded by the ruling class to maintain control. (A)</p> Signup and view all the answers

What are the key forms of treatment that feminist jurisprudence identifies as affecting women under the law?

<p>Discriminatory laws, failure to meet distinct needs, and systemic bias in legal institutions. (B)</p> Signup and view all the answers

Which historical event influenced Marx's development of his theory regarding law and class struggle?

<p>The Industrial Revolution. (C)</p> Signup and view all the answers

What aspect of law did Lon Fuller focus on in his theory of procedural justice?

<p>The effectiveness of legal procedures in serving citizens. (A)</p> Signup and view all the answers

What criticism do feminist theorists make about the traditional view of law?

<p>It is perceived as objective and neutral despite biases. (A)</p> Signup and view all the answers

What is the main goal of the employment equity act for crown corporations and federal organizations?

<p>To ensure federally regulated employees reflect the general workforce in Canada (C)</p> Signup and view all the answers

Who does the Federal Contractors Program (FCP) specifically apply to?

<p>Provincially regulated contractors with a specified workforce size and contract value (D)</p> Signup and view all the answers

What is required by Ontario's pay equity act regarding gender discrimination?

<p>Employers must correct gender discrimination in compensation practices (C)</p> Signup and view all the answers

Which of the following groups is explicitly mentioned as part of the workforce representation focus of the FCP?

<p>Members of the four designated groups (B)</p> Signup and view all the answers

What threshold must a contractor meet for the Federal Contractors Program regarding employee count?

<p>At least 100 permanent full-time and part-time employees (B)</p> Signup and view all the answers

Who was granted citizenship during the early practices outlined?

<p>Nativeborn men over the age of 18 (C)</p> Signup and view all the answers

What was a significant influence on the Canadian legal system that introduced the concept of trial by jury?

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

What did Britain contribute that is considered fundamental to the Canadian legal system?

<p>Trial by jury (A)</p> Signup and view all the answers

What practice was employed in medieval England to determine guilt or innocence?

<p>Trial by ordeal (B)</p> Signup and view all the answers

What led to the development of case law or common law?

<p>Local judges documenting their decisions (D)</p> Signup and view all the answers

Which aspect of the law involves long-established customs acquiring legal force?

<p>Custom (D)</p> Signup and view all the answers

Which of the following principles is entrenched in the Canadian Charter of Rights and Freedoms?

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

What was one impact of Roman law on the Canadian legal system?

<p>Introduction of law schools (C)</p> Signup and view all the answers

What does Hobbes believe is the fundamental reason for the establishment of laws?

<p>To curb the inherent greed and violence in human nature (B)</p> Signup and view all the answers

Which statement reflects Hobbes' perspective on life without laws?

<p>It would result in chaos and conflict. (B)</p> Signup and view all the answers

What is a major criticism of natural law according to Hobbes?

<p>It is based on arbitrary moral standards which legitimizes tyranny. (B)</p> Signup and view all the answers

According to the content, why do laws vary among different countries?

<p>Laws are influenced by each state's unique cultural and social values. (C)</p> Signup and view all the answers

What role does the state have concerning laws according to the content?

<p>To enforce laws and impose consequences for violations. (A)</p> Signup and view all the answers

What was John Locke's significant contribution to the philosophy of law?

<p>He integrated aspects of natural and positive law. (A)</p> Signup and view all the answers

Why should individuals respect laws, based on the content provided?

<p>Laws maintain social predictability and order. (C)</p> Signup and view all the answers

What does the power of government give to laws?

<p>Authority to be enforced. (C)</p> Signup and view all the answers

What does the 'striking down' remedy entail?

<p>It nullifies the entire law that infringes the Charter (D)</p> Signup and view all the answers

Which of the following remedies involves declaring only the unconstitutional portions of a law as invalid?

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

What is the primary characteristic of 'reading down' as a remedial approach?

<p>It interprets legislation to avoid charter infringement. (A)</p> Signup and view all the answers

In which situation is the 'reading in' technique employed?

<p>To include categories not originally considered in legislation. (D)</p> Signup and view all the answers

What does a constitutional exemption allow a court to do?

<p>Exempt an individual from the application of a valid law. (A)</p> Signup and view all the answers

How does the 'temporary suspension of invalidity' remedy function?

<p>It allows a law to remain in force for a set time for amendments. (A)</p> Signup and view all the answers

Which of the following mechanisms is NOT part of the importance of human rights protection in Canada?

<p>Provincial health regulations (A)</p> Signup and view all the answers

What distinguishes the Charter from human rights legislation?

<p>Human rights legislation addresses discrimination and equality. (D)</p> Signup and view all the answers

When did the Canadian Human Rights Act come into force?

<p>1978 (D)</p> Signup and view all the answers

Which category of entities must adhere to the Canadian Human Rights Act?

<p>Federal government departments and specific private businesses (C)</p> Signup and view all the answers

Flashcards

Trial by Ordeal

A system of adjudication that relied on local customs and superstitions, often involving physical trials like 'trial by ordeal'.

Case Law or Common Law

Written legal decisions and their reasoning, developed over time, creating a body of law based on precedent.

Custom

A long-standing way of doing something that has gained legal significance over time, often due to repeated practice.

Roman Legal System

A legal system based on written codes and the interpretation of those codes by trained legal professionals.

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British Legal System

A system of law where fundamental rights are protected by the constitution, upholding principles like trial by jury, presumption of innocence, and the rule of law.

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Citizen Participation

The right of citizens to participate in the legal system, including serving on juries, voting, and contributing to lawmaking.

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Trial Jury

A system of adjudication where a group of citizens determines the guilt or innocence of an accused person.

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Rule of Law

The principle that everyone is treated equally under the law, and that the law applies to everyone, regardless of their status.

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Positive Law

The idea that laws are created and enforced by governments to maintain order and ensure the best possible life for citizens.

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Natural Law

A system where laws are based on the inherent rights and moral principles existing naturally in the universe.

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Hobbes' View of Human Nature

The belief that humans are inherently selfish and greedy, making law necessary to control their violent tendencies.

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Social Contract Theory (Hobbes)

The idea that all individuals surrender their rights to a powerful sovereign (government) in exchange for security and order.

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John Locke's Natural Rights

The idea that individuals possess inherent natural rights that cannot be taken away by any government.

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Locke's Synthesis of Natural and Positive Law

The belief that natural law should influence and guide positive laws, creating a balance between individual rights and societal order.

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Law's Purpose (Hobbes)

The idea that the purpose of law is to ensure the survival of the state and its citizens, and that moral considerations are secondary.

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Law's Authority (Hobbes)

The argument that the law should be followed because it is the law, and that disobedience is unjustified.

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Marxist Legal Theory

The idea that law is a tool used by the ruling class to maintain their power and control over the working class. This theory argues that laws are created to benefit the wealthy and powerful, while often suppressing the interests of the less fortunate.

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Feminist Jurisprudence

A school of thought that challenges the neutrality of law, arguing that it has historically been used to oppress women. Feminist legal theory focuses on how laws have discriminated against women, ignored their needs, and prevented them from achieving equal status.

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Procedural Justice

The concept that the fairness and legitimacy of a legal system are determined by the quality of its procedures. It emphasizes the importance of clear rules, due process, and impartial application of the law.

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Explicitly Discriminatory Laws

Examples of laws directly targeting women with the intent to discriminate against them based on their gender.

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Laws Failing to Respond to Women's Needs

The argument that laws have historically failed to consider the specific needs of women, often reflecting a male-centric perspective that doesn't address women's unique experiences.

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What is a Constitution?

A set of fundamental principles established by the government, forming the basis for all other laws.

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Written Constitution

A written document outlining the basic principles of government, including the rights of citizens, and acting as supreme legal authority.

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Unwritten Constitution

A system of law based on unwritten traditions and values that have gained constitutional status over time.

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Restraint of Power

The concept that a separate and independent body within government should have the power to scrutinize and limit the laws made by the ruling power.

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Fairness of Laws

Making sure that laws are fair and just, ensuring they function effectively and maintain social order.

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Employment Equity Act (Federal)

Federal legislation aiming to ensure that federally regulated workplaces with 100+ employees reflect the demographics of Canada's workforce.

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Federal Contractor Program (FCP)

Program requiring government contractors with 100+ employees and contracts exceeding $1 million to achieve a workforce representative of Canada's demographics.

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Ontario Pay Equity Act

Ontario legislation mandating employers with 10+ employees to address gender-based wage disparities, ensuring equal pay for comparable work.

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Employment Equity

The practice of ensuring that all employees have equal opportunities for advancement, regardless of their gender, race, ethnicity, disability, or sexual orientation.

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Pay Equity

The principle of ensuring that all employees are paid fairly for comparable work, regardless of gender, race, ethnicity, disability, or sexual orientation.

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Striking Down a Law

A court can declare an entire law invalid if it violates the Charter of Rights and Freedoms. This means the law no longer has any effect.

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Partial Invalidity

Instead of completely invalidating a law, a court can declare specific parts of a law unconstitutional, leaving the rest intact.

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Reading Down a Law

The court interprets a law in a limited way so it doesn't violate the Charter. This narrows the law's scope to make it compliant.

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Reading In to a Law

The court adds a specific group of people to a law's protections even if the law didn't originally include them.

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Constitutional Exemption

A court can declare a law valid, but exempt a specific person from its application. This is rare and only used in extreme cases.

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Temporary Suspension of Invalidity

A court can declare a law invalid but allow it to remain in effect for a set time. This allows parliament or the legislature to fix the law.

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Canadian Charter of Rights and Freedoms (CCRF)

The Canadian Charter of Rights and Freedoms protects the rights of all Canadians. It applies to actions of government bodies, even laws made by parliament.

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Human Rights Legislation

They are laws that protect human rights in specific areas, such as employment, housing, or services.

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Human Rights Commissions

These organizations enforce human rights laws and help people who feel their rights have been violated.

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Canadian Human Rights Act (CHRA)

The Canadian Human Rights Act (CHRA) came into force in 1978. It applies to federal government departments and businesses under federal jurisdiction.

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Study Notes

What is the Law?

  • Law provides rules of conduct, protecting everyone's rights.
  • Balances individual rights with societal obligations.
  • Legal systems are based on principles of fundamental justice (fairness, equal treatment, respect).

Key Foundations and Principles

  • People must be treated equally under the law.
  • Laws should not be influenced by power or wealth, ensuring impartiality in the courts.
  • Judges should treat all people with respect.
  • Factors influencing changes in laws: demographic shifts, technological advancements, evolving values, and national emergencies.

Demographic Changes

  • Birth and death rates, immigration patterns, education, and employment trends influence law.

Technological Changes

  • Advancements in technology necessitate legal adjustments to address evolving circumstances.

Change in Values

  • Societal values evolve, requiring adjustments to existing laws to reflect contemporary views.

National Emergencies

  • National crises often prompt new or temporary laws.

Possibility of Change

  • Three conditions are necessary for legal changes to occur (see details below)

Rule of Law

  • All individuals must recognize and accept law as a necessary element of society.
  • No one has the right to violate the law without repercussions.
  • A legal system needs a peaceful mechanism for amending or changing laws.
  • A democratic system with a constitution facilitates peaceful change.
  • Individual action can bring about legal reform (e.g., challenging unjust laws in court).

Independent Justice System

  • Judges must be independent of other government branches.
  • This promotes impartial judgment and the court system's hierarchical structure, which allows for appeals.

Sources of Canadian Law

  • Primary sources: Religion, customs, social and political philosophy, Constitution, and Court decisions.
  • Historical influences: Greek, Roman and British influence. Judeo-Christian religious heritage.
  • Secondary sources: Laws, court decisions and conventions.

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Description

Explore the basic principles of law that govern societal conduct and protect individual rights. This quiz delves into the foundations of legal systems, the importance of equality, and the factors influencing legal reform in response to societal changes. Test your knowledge of how laws adapt to demographics, technology, values, and emergencies.

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