Unit 1 Review Package: Legal Foundations PDF

Unit 1 Review Package: Legal Foundations Rules vs. Laws Define a rule: Behavioral guidelines that teach us lessons about the real world. They prepare us for the real world Define a law: are rules that have been passed by and will be by the government Iden...

Unit 1 Review Package: Legal Foundations Rules vs. Laws Define a rule: Behavioral guidelines that teach us lessons about the real world. They prepare us for the real world Define a law: are rules that have been passed by and will be by the government Identify two similarities and two differences between a rule and a law. Similarities Differences laws are enforced by the police and the court system Teaches right vs wrong laws must be voted on to be accepted should apply to everyone equally rules are enforced by parents, teachers etc. rules may or may not have consequences when broken Identify and explain an example where a rule we follow when we are younger directly prepares us to follow a law when we are older. An example includes looking both ways before crossing the street. Our parents taught us this when we were younger as a safety rule but it is also a law enforced to keep danger on the road. Drivers must yield to pedestrians and those crossing have to watch the cars to avoid accidents Natural Law VS. Positive Law Using max two sentences, explain the natural law approach to understanding law. A system of universal moral and ethical principles that are inherited by humans. Ex: murder is wrong. These principles are a standard for evaluating conduct that is fundamentally unchangeable and universally accepted. Natural law is based on morals and ethics. Everyone strives to be good human beings. Using max two sentences, explain the positive law approach to understanding law. Society cannot rely on morality to guide people, but must protect people from brutality to maintain order. The law should be followed because it's the law. There is no higher law than that created by the government. How do these two perspectives of law influence our understanding of law and human behaviour? This influences our understanding of the law as law is a balance between both perspectives using ethical principles and practical framework for social order to understand one's approach to social justice. Law promotes justice and maintains order Early Philosophers of Law You will be allowed to use your chart on early philosophers of law, so be sure to have it updated in your notes. You will not be allowed to use someone else’s notes. Utilitarianism vs. Libertarianism Compare the two theories: Question Utilitarianism Libertarianism always do whatever will produce the we are ought to live by rules that, in Identify 3 key ideas from each greatest good for the greatest general are likely to lead to the philosophy that helps to sum up number of people greatest good for the greatest the overall ideas of the - maximizes pleasure and number of people philosophy. happiness for collective - individual rights should - quantity of pleasure if what supercede collective rights matters - quality of pleasure matters - some pleasures are higher or more “worthy” than others Question Utilitarianism Libertarianism a utilitarian would view this as a A rule utilitarian would examine this Apply each theory by explaining positive law as it reduces inequality law by considering the general laws how each would analyze the law and would maximize happiness for that follow it and if it would likely lead that requires all citizens to pay the greatest good. Because it leads to the greatest good for the greatest taxes for redistributive to a net increase and societal number of people. purposes? happiness this would be supported by a utilitarian Contemporary Legal Theories Compare the theories of legal formalism and legal realism. Which approach do we use here in Canada? Provide evidence to support this. Legal formalism is a body of rules that are meant to be followed. Judges can only use the law and nothing outside of it. This is also known as civil law. Legal realism is when the law is open to interpretation where judges are the real authors of law. They are tasked to make case decisions based on their experiences and logic. In Canada, judges are free to make decisions based on evidence and the law therefore, Canada used the legal realism approach. How does critical legal theory help us to understand law and justice? Critical legal theory states that the wealthy and those in power use the law as an instrument for oppressions and to maintain their position in hierarchy. Some examples of critical include lack of minorities in government and privatized post-secondary studies How does feminist jurisprudence help us to understand law and justice? Feminist jurisprudence states that the legal system upholds inequality for women in all social areas. This helps us understand law and justice as without a female's perspective in positions of authority, laws and principles would be biased How does law based on economics help us to understand law and justice? Law based on economics examines the inefficiencies of the legal system and where it can be more cost efficient. It argues that law should focus on bringing everyone to economic prosperity which will equal a higher quality of life. Sources of Law How do primary and secondary sources of law differ? Provide some examples of each. - Primary sources of law are un-codified standards of behaviour defined from morals and values. - Some examples include religion, customs/conventions (established ways of living based on culture, religion etc) and social/political philosophies (philosophical ideas set by rulers and followed by his people). - Moving forward, secondary sources of law are transformed primary sources of law into legally binding rules, written by groups who have been given power to create laws. They are codified and reffende to as acts and codes. Some examples include constitutional laws, statute laws and common law In today’s society, the majority of laws in Canada are considered secondary sources of law. Illustrate and explain Canada’s hierarchy of secondary sources of law. Constitutional law: established in 1867 - outlines the 3 branches of federal government - specifies federal and provincial powers - no law underneath can infringe on the laws set out in the constitution - to protect minorities the charter of rights and freedoms was introduced in the constitution act of 1982 Statute law: set of laws passed by federal parliament or provincial legislatures in the form of “acts” and “codes” - statute laws are the laws we are more familiar with (EX: don’t do drugs, don’t kill) Common law/Case law: the decisions and outcomes made by judges in court create precedent - precedent helps to produce common decisions and/or results in future cases which is why it’s called common law - constantly evolving as judges make new decisions in new cases - lawyers look to favourable case law to help their argument - judges look to case law from higher courts to help in their final decisions in the courtroom The Rule of Law In your own words, provide a detailed explanation of the rule of law: established in 1215 by King John, the rule of law is the idea that no one is above the law (Magna Carta). The rule of law is an attempt to achieve true democracy. The rule of law protects us from the abuses of power without it powerful individuals would use it to take advantage of others with violence. The rule of law secures our rights, liberties and equality. The rule of law is an important legal and political principle, serving as the foundation of a fully functioning and effective democracy What are the key ideas of each pillar that make of the practice of the rule of law? Accountability Just Laws Open Government Dispute Resolution - everyone is - laws are clear, - the laws enacted - justice is delivered accountable under stable, and just. and enforced must timely by ethical the law They are applied be accessible, fair and independent - those who enforce evenly to protect and efficient representatives the law cannot fundamental rights who reflect the  abuse their - laws are for the - the process of communities they position (those public to know and making laws serve who do Silbe access freely should be open to - lawyers must punished) - laws can and the public and be represent the - judicial decision should be fair with its interests of their are appealed to a changed to adapt creation clients without higher court to societal change - laws can be bias to be fair - Judicial but they cannot be questioned by - judges must be independence is changed arbitrarily government impartial when when judges are - laws should officials making decisions independent from provide order and - the government and have to apply political and protection must be held law based personal accountable for evidence rather influences in court unfair laws than emotion decisions - enforced of laws - those in trouble can be accessed with the law have when needed the right to be (courts are open seen in a timely to the public) manner and have a fair chance of making their case - judges must explain their decisions You will be allowed to use your chart on the 8 dimensions of the Rule of Law as identified by the World Justice Project. What is the purpose of identifying 8 unique dimensions? Which dimension do you think is most important and why? It aids in illustrating how the dimensions influence one another which ultimately helps in resolving disputes by considering different perspectives. It allows the legal system to adapt to societal change.