CLN4U Law Exam Review PDF

CLN4U Law Exam Review Exam Review January 24th Exam Breakdown:w Total Marks: 58 Question Types: 15 Multiple Choice (1 mark each) 15 "State the Significance of" (1 mark each) 3 Short Answer (3 marks each) 1 or 2 Long An...

CLN4U Law Exam Review Exam Review January 24th Exam Breakdown:w Total Marks: 58 Question Types: 15 Multiple Choice (1 mark each) 15 "State the Significance of" (1 mark each) 3 Short Answer (3 marks each) 1 or 2 Long Answer (9 marks total) Charter Podcast (12 min very helpful) - https://drive.google.com/file/d/1Gh17S3XGY38A_Sae_jQpSYXth2Kc90_J/view? usp=drive_link UDHR Podcast (15 min very helpful) - https://drive.google.com/file/d/1ZUBx7_KDgOc8BS6BLHr7YqdoIxV7ubSL/view? usp=drive_link CLN4U Law Exam Review 1  UNIT ONE Legal Concepts: Democracy - democracy can be thought of as "power of the people": a way of governing which depends on the will of the people. Democracy is a system of government where people have the power to make decisions, either directly or by choosing leaders to represent them. Sovereignty - Sovereignty refers to the supreme authority or power of a state to govern itself without external interference. It involves the control over its territory, laws, and decision-making processes. Essentially, it means that a state has the right to make and enforce laws within its borders, and its independence is recognized by other states. Jurisdiction - Jurisdiction refers to the official power or authority of a legal body (like a court or government) to make decisions and enforce laws within a specific area or over certain subjects. It can be based on geographic location (e.g., a state or country) or the type of case (e.g., criminal, civil, family). Essentially, it determines which authority has the right to hear and decide legal matters. Rights and Duties - Rights: Things you are allowed to do or have, such as voting, freedom of speech, and privacy. Rights are the freedoms or entitlements that individuals have, which are protected by law. They allow people to do things like speak freely, practice religion, or be treated equally. Duties are the responsibilities or obligations that people must follow by law. They ensure that people act in ways that are fair and respectful to others. CLN4U Law Exam Review 2  Duties: Things you are required to do, such as obeying laws, paying taxes, and respecting others' rights. Equality and Equity - Equality means treating everyone the same, giving everyone the same opportunities and resources, regardless of their individual needs or circumstances.- Equality Everyone gets the same treatment and resources. Example: Every student gets the same textbook. Equity means treating people fairly by giving them what they need to be successful, which may involve providing different resources or support based on their individual needs. Equity: People get what they need to have the same opportunity for success. Example: Students who need extra help get tutoring or additional resources to succeed. Morality - Morality involves personal beliefs and cultural standards about right and wrong. Example: Helping others in need is often considered morally good. It is often influenced by culture, religion, and society. In law, morality can sometimes guide the creation of laws, as many laws reflect moral ideas about what is right or wrong, like laws against theft or harm to others. However, not all moral principles are turned into law. Humanity - Humanity is about treating others with respect, fairness, and compassion. Example: Helping those in need shows humanity. It also involves recognizing the rights and freedoms of others. In law, humanity is often connected to human rights laws, which aim to protect people's dignity and well-being, ensuring they are treated fairly and justly by others and by the government. Utilitarianism - a philosophy that says the right action is the one that produces the most happiness or benefits for the most people. CLN4U Law Exam Review 3  It focuses on maximizing well-being and minimizing harm for everyone involved. Example, building a new hospital in town even if it means demolishing a few houses Deontology - an ethical theory that says actions are right or wrong based on whether they follow rules or duties, not based on the outcomes they produce. It focuses on doing the right thing because it's the right thing to do, regardless of the consequences. Doing something bad for a good outcome, example would be telling the truth even if it causes harm Utilitarianism & Deontology differences: Utilitarianism is a consequentialist theory, meaning it focuses on the outcomes of actions. Deontology is a non-consequentialist theory, which means it focuses on the morality of the action itself rather than its outcomes. Rule of law - Canadian democracy is founded upon the “Rule of Law.” The expression “law” means a set of rules that governs relationships of citizens with each other; regulates commerce and our lives within the community, and protects people from the unlawful acts of individuals or the state. no one can be punished except for breach of a duly enacted law; everyone, from the highest official to the ordinary citizen, is subject to the ordinary law of the land; and the courts have ultimate responsibility for the protection of rights and respect for the legal order. Natural vs. Positive Law Natural law - The theory says that all humans come from eternal, unchanging rules that govern the natural world. People can understand these rules through reason, not based on personal desires or choices. CLN4U Law Exam Review 4  A society is defined by its communal moral and value system (Patrick Devlin) Morality and the law are inextricably joined Naturalists say that the law must be concerned about private matters because private matters do affect society. Ex. Society will not be concerned about one gambler, but if half the population were gambling, such a situation would have and enormous impact on society. Natural law proponents agree that it is difficult to find common ground when it comes to morality, but not impossible Society has a right to determine what it deems morally unacceptable and to use the law to formally express its view Socrates: Creator of Natural Law Tried to discover reason through question and discussion – search for what is moral and just Because of his teachings, he was tried for: 1) Corrupting youth, and 2) Not believing in the gods whom the state believes in Positive law - The theory that law is a body of rules formulated by the state, and that citizens are obliged to obey the law for the good of the state – government’s role is to prevent one from harming others 16th-17th century Europe Positivists argue that the connection between law and morality is arbitrary – laws must be clearly defined by the state Enforcing morality on a reluctant population has also proven to be difficult Leads to undercover work (drug dealers/buyers, prostitutes, etc.) What is the difference? Natural Law is based on the idea that there are universal, unchanging rules that govern the world, which people can understand through reason. These laws are seen as inherent to human CLN4U Law Exam Review 5  nature and exist independently of human-made laws. Positive Law refers to laws that are created by humans, usually through governments or legal systems. These laws can change over time and are specific to a particular society or country. Philosophers Plato - Aristotle - Rationalism; process of using reason to analyze the natural world from observation (modern scientific method) Humans are political creatures – cannot be “good” purely because of education Rather they fit into 1/3 class of people: Those born good, Those who can be made good through education, Or those who are ruled by their passions (**majority of people) Only law (fear of punishment) that can control people and convince them to follow reason/avoid evil Thomas Aquinas - Identified 4 kinds of laws: Eternal Law Body of laws by which God created he universe and keeps it in operation (impossible for humans to know because it is outside them – impossible to understand mind of God) Natural Law Law as it operates in humans – we use our faculty of reason to know them and see its workings in the world around us Examples: - Parents should care for their children each person should try to preserve his/her life Do not do harm to others, assist the poor/sick Divine Positive Law This is law that has been revealed in the scriptures (Ten Commandments) CLN4U Law Exam Review 6  Human Positive Law These are laws that humans have made in order to achieve a properly functioning society Codified laws and punishments – Though some are obvious (Murder is wrong), they need to be written/defined down for society to function Humans are moral, and should live in a way that will unite them with God after death People did not have to obey a law that conflicted with Divine laws Law must be a product of human reason, be made for the common good Thomas Hobbes - he proposed new purpose to law – To rule over the state/people as to maintain law and order People were violent and disorderly – purpose of government is not to defend natural law rights, but control the people to avoid war and destruction People should surrender to king/monarch – The king alone had the power to enforce law/his will John Locke - Natural rights and natural law – Life, liberty (speech, religion, and thought), and property – no person should deny these rights to another Through the consent of the people, government was given the authority to control the state and preserve these rights by enforcing rules/penalties Strong influence on Jefferson, American/French Revolutions Jeremy Bentham and John Austin - Utilitarianism – the greatest good for the greatest number of people People would try to achieve the maximum level of happiness and pleasure in their lives Proposed a way to judge law as good or bad Austin – added that laws must be evaluated on an objective standard, and that once passed, people would have to obey for the good of society – This would prevent people from subjectively judging laws John Stuart Mill - Similar to Bentham in that laws should serve a utilitarian (useful) purpose, but argued that the social good was altruistic in nature – social good CLN4U Law Exam Review 7  “actions are right in proportion as they promote happiness; wrong as they tend to reverse happiness” Karl Marx - Marxism – an economic/political theory that states that law is an instrument of oppression and control that the ruling class uses against the working class Purpose of law to maximize the interests of the ruling class – Law = class rule Feminism (Feminist Jurisprudence) - Legal theory that law is an instrument of oppression by men against women Similar to Marxism, but rather law is used by men to oppress women (result of the 60’s Women’s liberation movement) Feminists argue that the law, historically, treats women differently than men: Women were not “persons” until 1929… Right to vote in 1918 (1940 in Quebec)… Men could file for divorce on grounds of adultery, but women could not (1925) Positive Law in Canada: Federal government can pass laws for “the peace, order and good government of Canada” Their power does not go unchecked (Provinces), but implement laws when necessary Even in the Charter, rights can be “limited” based on reasonable limits prescribed by law (section 1 & 33 (notwithstanding clause) Constitutional Law: Branches - Executive - is responsible for the management and operation of the government. Included in this branch is the Prime Minister and his/her cabinet ministers. This branch of government implements laws from the legislative branch. Judicial - responsibility of settling disputes and clarifying the law. It acts as a third party between the other two branches of government. Courts and Judges. Legislative - is comprised of both the Senate and members of the House of Commons. The role of this branch is to create, accept or reject laws. This significance of this branch of CLN4U Law Exam Review 8  government is that it decides the laws of Canada. Division of powers - Federal Trade and commerce Post office National Defense Banking and Money Criminal Law Citizenship Marriage and Divorce Relations with other countries/Aboriginals Immigration Provincial Education Healthcare and hospitals Some Natural Resources and Environment Public land belonging to the province Property and civil rights Marriage ceremonies Municipal Parks Roads Library Local police and rescue services Garbage and Recycling Snow removal CLN4U Law Exam Review 9  Animal control Public transportation Events that shape constitutional influence/change - WWI – Canada’s contribution earned us a spot at the international table (Sir Robert Borden) 1931 Statute of Westminster – Supreme court of Canada was the highest court in the land – Britain could no longer make laws for Canada (Balfour Report did the same for Australia, New Zealand, South Africa) 1982 patriation of the Constitution – amending formula, entrenchment of Charter of Rights (could only be changed with amending formula) – full independence! UNIT TWO Charter of Rights and Freedoms Charter Podcast (12 min very helpful) - https://drive.google.com/file/d/1Gh17S3XGY38A_Sae_jQpSYXth2Kc90_J/view? usp=drive_link Limitations of Rights and Freedoms Section 1: reasonable limits clause - all rights in the CCRF are guaranteed, but some rights can be limited if properly justified in court. Rights are not absolute: You can't do anything just because it's your right. Reasonable limits: Limits are acceptable if they are justified, necessary, and proportional to the situation. Balancing rights: Sometimes, one person's rights may be limited to protect the rights of others or society as a whole. Section 33: Notwithstanding Clause - CLN4U Law Exam Review 10  gives the federal gov’t or a provincial gov’t the right to pass a law that may infringe on s.2 or s. 7-14, s.15 rights. law has a 5 year limit. Can be reinstated for another 5 year term. obviously not a popular thing for a gov’t to implement. Hard to ask voters to vote for you in the next election when you are passing laws that violate rights. Fundamental Freedoms - Section 2 a) conscience and religion b) thought, belief, opinion, expression, including freedom of the press and media c) peaceful assembly d) association Legal Rights - Section 7-14 s. 7 - everyone has the right to life, liberty and security of the person. s. 8 - protects us from illegal search and seizure - means police can’t enter homes without valid reasoning (warrant). s. 9 - includes the right not to be arbitrarily detained or imprisoned. s. 10 - when arrested or detained, everyone has the right to know why they are arrested, the right to a lawyer, the right to be tried in reasonable time. (reading the caution) s. 11 - in criminal and penal matters, any person when charged with an offence has the right: To be informed of the charge without delay, Not be compelled to be a witness, Presumed innocent until proven guilty d) Not to tried twice for the same offence (double jeopardy) s. 12 - protects us from any cruel and unusual punishment. s. 13 - when testifying as a witness, one has the right to not have any incriminating evidence so given used against them. (American equivalent is “pleading the fifth”) s. 14 - says that everyone who is a “party or witness” can have an interpreter so he/she can understand what is going on in the trial. CLN4U Law Exam Review 11  Enforcement - Section 24 If anyone’s rights have been infringed upon, one can apply to the courts for a remedy. (ie. evidence withheld or not available at trial) Limitation cases: Keegstra, Whatcott Keegstra - He taught his students that Jewish people seek to destroy Christianity and are responsible for depressions, anarchy, chaos, wars and revolution What: He taught students hateful and false ideas about Jewish people (anti-Semitic teachings). Charges: Charged under Canada's law against promoting hatred (Section 319 of the Criminal Code). Argument: Keegstra said the law violated his right to freedom of expression (Charter Section 2(b)). Decision: The Supreme Court said the law was valid and limited his freedom of expression to prevent hate speech. Reason: Protecting people from hate speech is more important than allowing harmful speech Whatcott- Who: William Whatcott, a man in Saskatchewan who distributed flyers with anti-LGBTQ+ messages. What: His flyers were claimed to promote hatred against LGBTQ+ individuals. Complaint: The Saskatchewan Human Rights Commission argued the flyers violated hate speech laws. Argument: Whatcott said his actions were protected by freedom of expression and freedom of religion under the Charter. Supreme Court Decision: The court ruled that parts of his flyers were hate speech and not protected by the Charter. Reason: Hate speech harms others and undermines equality, so it can be reasonably limited under Section 1 of the Charter. CLN4U Law Exam Review 12  Outcome: The court upheld restrictions on hate speech while affirming that freedom of expression has limits. Rights Terminology: Discrimination - the unfair or unequal treatment of a person or group based on characteristics such as race, gender, age, religion, disability, sexual orientation, or other personal traits. Prejudice - a preconceived opinion or judgment about a person or group that is not based on reason, facts, or actual experience. It often involves negative attitudes or stereotypes. Stereotype - a fixed and oversimplified belief or idea about a group of people, often based on their race, gender, age, religion, or other traits. Human Rights - the basic rights and freedoms that belong to every person simply because they are human. These rights are universal, inalienable, and protected by law. Indigenous Rights Royal Proclamation - 1763 recognized Indig. peoples as autonomous political units/nations and established the framework for future treaties. Indig. were entitled to lands in their possession until they gave or traded them away. No one could purchase or settle on land recognized as Indig. territory except for the Crown. this is considered the Magna Carta or the pinnacle of Indigenous rights. Still referred to today when dealing with Indig land claims. this proclamation is always referred to when dealing with Indig. rights, as it is referenced in s.25 of the CCRF. Indian Act - 1867 Indig. were not included in the creation of the Act, which didn’t recognize Indig. self- government. subsequent treaties had the effect of peacefully removing Indig. from their lands to make room for incoming European settlers. Indig. had exclusive use of the land, and other benefits. But they likely didn’t fully comprehend the implications of these land treaties. CLN4U Law Exam Review 13  The official government policy was assimilation of Indig. into mainstream Canadian society. this led to the removal of children from their villages and housed in church-run residential schools. they were forced to speak English, and behave in “European” ways. Lead to physical and sexual abuse. Described by Indig. people as cultural genocide. defined “Indian” and imposed changes in the way chiefs and their councils could elect and operate. “protected” Indig. lands by appointing non-Indig. agents to execute the Act’s conditions. (authority figures, financial managers, and law enforcers) the Act gave the authority to make final decisions over health care, social services, and education to the Feds. All other Canadians have these services provided by the provinces. also the Act dictated that it was illegal for Indig. to produce/possess/sell liquor and be arrested if found to be drunk. None of these restrictions were placed on other Canadians. White Paper - 1969 the feds still wanted to assimilate the Indig. into Canadian life. Indig were concerned about their unique people’s status and land claims. the feds wanted to repeal the Indian Act and amend the BNA Act to end the distinction between Indig. and Canadians. This was an attempt for the Feds to promote individual human rights over collective rights. result? would mainstream Indig. and treat them as individuals and not communities. would lose compensation for the surrender of their lands. under prov. laws and not the fed laws. Indig. hated it - gov’t continued attempt at assimilation. Gov. withdrew the proposal in 1971. Indigenous and The Charter - rights under s.25 of the CCRF and s.35 of the Constitution Act 1982. states that other rights in the Charter must not interfere with the rights of Indigenous peoples. CLN4U Law Exam Review 14  Affirmative Action - a policy designed to increase the representation of groups that have suffered discrimination. s. 15 of the CCRF prohibits discrimination, but discrimination is permitted if the program benefits a group that has previously been discriminated against. Equality is naturally a difficult process to ensure. Also referred to as reverse discrimination - advancing one group’s interest by treating others unfairly. UNIT THREE International Law and Treaties International Law - agreements/laws that countries sign/enter in to. Normally, these decisions are binding, but they’re only as binding as a country decides them to be. International law sets the framework for everything that happens internationally, from shipping products to regulating the rules of war (Geneva Conventions 1949) Treaties - can have a variety of different names, but is an agreement under international law entered into by sovereign states which dictate specific actions, intentions, and consequences (examples: the numbered treaties, the royal proclamation) “Punishments” Economic Sanctions - restrictions or penalties imposed by one country (or a group of countries) on another country, group, or individual to influence behavior or enforce international laws. These measures are often used as a non-violent way to achieve political, economic, or social goals. (examples: sanctions on Russia 2014-present, sanctions on North Korea) Trade Boycott - refusal to engage in trade with a particular country, group, or company. It typically involves not buying or selling goods or services from that entity as a form of protest, often to pressure them to change certain behaviors, policies, or practices. (examples: Boycott of South Africa 1980s, boycott of French products 2020) Trade Embargoes - government-imposed ban or restriction on trade with a specific country, region, or group. It typically involves prohibiting the import and export of goods, services, or CLN4U Law Exam Review 15  certain products to and from the target entity. (examples US embargo on cuba, un embargo on North Korea) Sovereignty vs Globalization The question of how sovereign states are in the world really comes into question when discussing the idea of globalization. Should countries be able to serve their own interests at the expense of other states? The environment? If so/or not - to what extent? Where is the line drawn? How can an international organization, that is supposed to governed by the collective needs of the international community, control individual states’ behaviorr? Extradition Legal surrender/delivery of a fugitive to another country to face trial When a criminal flees to another country, the main remedy is extradition Example: Extradition of Liu Hong (2019) Who: Liu Hong, a Chinese national, was wanted by Chinese authorities for alleged involvement in a multi-million-dollar fraud scheme. Where: Liu was arrested in Canada after fleeing there in 2015. What Happened: China requested the extradition of Liu Hong to face charges in China. Why: China wanted to prosecute Liu for financial crimes related to fraudulent activities. Outcome: After a lengthy legal battle, Canadian authorities eventually extradited Liu Hong to China, where he faced trial. Diplomatic Immunity CLN4U Law Exam Review 16  special rights and privileges that protect foreign diplomatic representatives from physical harm or criminal/civil proceedings Canada and Cannabis Legalization Canada ignored international obligation related to the criminalization of cannabis, violating the single convention on narcotic drugs, 1961, which is a treaty Canada is a part Single Convention on Narcotic Drugs, 1961 This Convention aims to combat drug abuse by coordinated international action. There are two forms of intervention and control that work together. First, it seeks to limit the possession, use, trade in, distribution, import, export, manufacture and production of drugs exclusively to medical and scientific purposes. Second, it combats drug trafficking through international cooperation to deter and discourage drug traffickers. Issues Environment protection: Seventy percent of the plants identified by the U.S. National Cancer Institute as useful in the treatment of cancer only grow in the rainforest. Deforestation in forests accounts for 11 percent of human-caused greenhouse gas emissions. The Amazon produces 20% of the oxygen we breathe The Amazon stores 80-120 billion tons of carbon, stabilizing our planet’s climate 1/5 of the world’s fresh water is found in the Amazon basin. Forests provide direct livelihoods to millions of people living in and around them. Forests provide a habitat for wildlife, insects, and plants, which are essential for the health of our planet International trade: CLN4U Law Exam Review 17  NGOS Non-government organizations Examples: Human Rights Watch Amnesty International Anti-Slavery International Free the Children Oxfam Doctors Without Borders Amazon Watch No Sweat UN Watch Equality Now Structure of the UN General Assembly - the main decision-making and discussion body of the UN, where all 193 member countries have equal representation. Security Council - responsible for maintaining international peace and security. It has 15 members, including 5 permanent ones with veto power. It can make binding decisions, impose sanctions, and authorize military action. Secretariat - he administrative arm of the United Nations. It carries out the day-to-day work of the UN, led by the Secretary-General, and supports the other UN organs in their duties. Economic and Social Council - a UN body that promotes international cooperation on economic, social, and environmental issues. It coordinates the work of specialized agencies, commissions, and programs to advance sustainable development and improve living standards worldwide. CLN4U Law Exam Review 18  Trusteeship Council - The Trusteeship Council was established to oversee the administration of trust territories and ensure they transitioned to self-government or independence. It has suspended operations since 1994, as all trust territories achieved independence. International Court of Justice (ICJ) - The ICJ is the UN's main judicial body. It settles legal disputes between countries and gives advisory opinions on legal questions referred by UN organs and agencies. It is based in The Hague, Netherlands. Human Rights UN Protocols UDHR - Universal Declaration of Human Rights 30 articles a landmark document adopted by the United Nations General Assembly in 1948. It sets out 30 fundamental rights and freedoms that apply to all people, regardless of nationality, race, religion, or any other status. UNCRC - Convention on the Rights of the Child The CRC changed how children are viewed- from seeing them as passive objects in need of care, to seeing children as humans with distinct rights of their own. Adopted in 1989 All but three countries have ratified the CRC (Somalia, South Sudan and the US) UNCAT - United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) calls for the complete prohibition of torture worldwide and provides for the creation of the Committee Against Torture to monitor the implementation of the Convention by countries who have signed the convention. CAT defines torture as the intentional infliction of severe mental or physical pain or suffering by or with the consent of state authorities for the purpose of obtaining a CLN4U Law Exam Review 19  confession, punishing, intimidating or coercing a person, or for any reason based on any kind of discrimination. Amazon Assignment There is a clear link between the health of the Amazon and the health of the planet. The rain forests, which contain 90-140 billion tons of carbon, help stabilize the local and global climate. The Charter of Rights and Freedoms simplified s.1 Guarantee of Rights and Freedoms & Reasonable Limits all rights in the CCRF are guaranteed, but some rights can be limited if properly justified in court. s.2 Fundamental Freedoms a) conscience and religion b) thought, belief, opinion, expression, including freedom of the press and media c) peaceful assembly d) association CLN4U Law Exam Review 20  s.3-5 Democratic Rights set down the basic rights of being eligible to vote and run for an election. s.6 Mobility Rights grants Canadian citizens the right to enter, remain in, or leave the country. Also, Canadians have the right to gain livelihood in any province or territory. s.7-14 Legal Rights s. 7 - everyone has the right to life, liberty and security of the person. s. 8 - protects us from illegal search and seizure - means police can’t enter homes without valid reasoning (warrant). s. 9 - includes the right not to be arbitrarily detained or imprisoned. CLN4U Law Exam Review 21  s. 10 - when arrested or detained, everyone has the right to know why they are arrested, the right to a lawyer, the right to be tried in reasonable time. (reading the caution) s. 11 - in criminal and penal matters, any person when charged with an offence has the right: To be informed of the charge without delayNot be compelled to be a witnessPresumed innocent until proven guilty d) Not to tried twice for the same offence (double jeopardy) s. 12 - protects us from any cruel and unusual punishment. s. 13 - when testifying as a witness, one has the right to not have any incriminating evidence so given used against them. (American equivalent is “pleading the fifth”) s. 14 - says that everyone who is a “party or witness” can have an interpreter so he/she can CLN4U Law Exam Review 22  understand what is going on in the trial. s. 15 and s. 28 Equality Rights s. 15 provides the right to equality; freedom from discrimination based on sex, religion, race, colour, ethnic origin, mental or physical disability. these rights can be restricted if considered reasonable (ie) must be a certain age to drive a car, vote, and sign a contract. s. 28 guarantees equality specifically between men and women. s. 24 Enforcement If anyone’s rights have been infringed upon, one can apply to the courts for a remedy. (ie. evidence withheld or not available at trial) s. 33 Notwithstanding Clause gives the federal gov’t or a provincial gov’t the right to pass a law that may infringe on s.2 or s. 7- CLN4U Law Exam Review 23  14, s.15 rights. law has a 5 year limit. Can be reinstated for another 5 year term. obviously not a popular thing for a gov’t to implement. Hard to ask voters to vote for you in the next election when you are passing laws that violate rights. CLN4U Law Exam Review 24