Law Study Guide Quiz #3 PDF

Factors Driving Change - 1. Demographics: ○ Changes in population size, age structure, or diversity can influence legal reforms and policy adjustments. ○ Example: An ageing population may drive changes in healthcare law or pension systems. 2. Technolo...

Factors Driving Change - 1. Demographics: ○ Changes in population size, age structure, or diversity can influence legal reforms and policy adjustments. ○ Example: An ageing population may drive changes in healthcare law or pension systems. 2. Technological Changes: ○ Advances in technology can outpace existing legal frameworks, leading to the need for updated regulations. Legal or societal changes towards technology. ○ Example: The rise of the internet and digital privacy issues have prompted changes in data protection laws. ○ The development of artificial intelligence (AI) has raised legal questions around accountability and liability, leading to new regulations on AI ethics, autonomous decision-making, and intellectual property rights. 3. Changes in Values: ○ Societal shifts in values, such as changing views on gender equality, environmental protection, or civil rights, can influence new laws. ○ Example: Legalization of same-sex marriage reflects a broader shift in societal values toward LGBTQ+ rights. 4. National Emergencies: ○ Crises such as pandemics or natural disasters often necessitate rapid legal responses. ○ Example: COVID-19 led to the creation of emergency powers, new health regulations, and financial relief laws. What Makes Change Possible 1. Rule of Law: ○ A principle that all individuals and institutions are subject to and accountable under the law. It ensures that changes are made through legal frameworks rather than arbitrary decisions. 2. Democratic System: ○ In a democracy, the population has the power to elect representatives who can introduce, amend, or repeal laws in response to societal needs. 3. Independent Justice System: ○ An independent judiciary ensures that laws are interpreted impartially and protects individuals’ rights during periods of legal change. The rule of law is the principle that all individuals, institutions, and governments are accountable to laws that are fairly applied and enforced. It ensures that no one is above the law and that laws are clear, known, and consistently enforced. An independent judiciary is a key component of the rule of law. It refers to judges and courts being free from outside pressures, particularly from the government or political influence, so they can make fair and impartial decisions based solely on the law. This can be ensured due to security of tenure (lifelong or long term appointments for judges) or financial independence (judges pay cannot be reduced or increased due to decisions). Change Through Individual Action Individuals can influence legal change through activism, court cases, or lobbying. ○ Example: Rosa Parks’ refusal to give up her bus seat played a pivotal role in the U.S. Civil Rights Movement. Change Through Collective Action Groups, organizations, and social movements can drive large-scale legal reforms. ○ Example: The feminist movement has influenced changes in laws related to workplace equality and reproductive rights. ○ BLM protests in high numbers Parliament Bills Legislation Process: New laws are proposed as bills in parliament, which must go through multiple readings, committee reviews, and votes before becoming law. ○ Example: Climate change legislation has been influenced by both individual and collective advocacy. Key Cases 1. R. v. Lavallee (1990) ○ Context: This landmark Supreme Court of Canada case involved self-defense and domestic violence. ○ Issue: Whether battered women can use self-defense to justify the killing of their abuser, even if the threat isn’t immediate. ○ Outcome: The Court ruled in favor of Lavallee, acknowledging that the context of abuse can influence a person’s belief in an imminent threat. ○ Impact: The decision expanded the understanding of self-defense in Canadian law, particularly in cases involving domestic violence. 2. Pandori v. Peel Board of Education (Kirpan) (1990) ○ Context: This case revolved around the rights of Sikh students to wear the kirpan (a ceremonial dagger) in school, which was initially banned by the school board for safety reasons. ○ Issue: Whether banning the kirpan violated the right to religious freedom under the Canadian Charter of Rights and Freedoms. ○ Outcome: The court ruled that the school board’s ban was unjustified, as the kirpan represented a core religious belief, and accommodations (such as covering the kirpan) could balance both safety and religious rights. ○ Impact: The case reinforced the protection of religious freedoms in Canada, setting a precedent for future cases involving religious symbols and practices in public institutions.