deck_14086715 Flashcards

1
Q

authority

A

the legal power to command, act, implement, and enforce laws

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2
Q

civil disobedience

A

drawing attention to unjust laws by passive resistance to authority, or by breaking laws in defiance of authority

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3
Q

domestic law

A

the law that is enforceable within the defined territory or boundaries of a particular nation or state

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4
Q

duty

A

an obligation by the state to provide a right

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5
Q

equality

A

the concept of treating everyone in the same manner with the same rights, privileges, and duties

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6
Q

equity

A

The concept of administering justice according to fairness, that is, treating like cases alike and different cases differently.

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7
Q

humanity

A

The concept of kindness and respect toward all people.

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8
Q

international law

A

The customs, rules and agreements recognized as binding on sovereign states to ensure orderly conduct within the international community.

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9
Q

jurisdiction

A

The parameters within which power and authority may be exercised.

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10
Q

jurisprudence

A

The science and philosophy of law.

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11
Q

justice

A

The concept of treating like cases alike and different cases differently.

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12
Q

law

A

The set of rules, impartially applied, for regulating human behavior and settling disputes.

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13
Q

legitimacy

A

The right to inherit property or title.

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14
Q

morality

A

A concept that pertains to character, conduct, and the general principles of right conduct.

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15
Q

natural law

A

An observable law relating to things that occur in nature.

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16
Q

ownership

A

The exclusive right of possession of a property, title, or thing.

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17
Q

positive law

A

Law that are enacted and adopted by government.

18
Q

power

A

The right, ability or authority to do something, which may be achieved through legal or illegal means.

19
Q

primary sources

A

Original sources of law such as customs and conventions.

20
Q

private law

A

The law that involves disputes between individual citizens and/or private entities such as corporations.

21
Q

procedural law

A

The process by which law is enforced, including the collection of evidence.

22
Q

public law

A

The law that regulates the relationship between the state and the individual.

23
Q

rights

A

A power, privilege or demand that the state is obligated or has a duty to provide.

24
Q

secondary sources

A

Laws that have been written down and are legally binding.

25
socratic method
The question and answer method used by justice systems to reveal truth in cases.
26
sovereignty
The supreme authority of a nation-state to impose its power on its subjects within its defined geographic boundaries.
27
sub**stan**tive law
The positive law **enACTed by governments** that creates, **deFINEs and reGUlates the rights and obligations of citizens.**
28
presumption of innocence
Every criminal case begins with the presumption that the accused person is innocent. It is up to Crown counsel, representing the community, to prove beyond a reasonable doubt that the accused committed the crime.
29
due process
Due process is related to the presumption of innocence. It involves a thorough examination of the facts of each case - and recognition of the importance of protecting the legal rights of those charged with criminal offenses.
30
independent judiciary
Anyone accused of a crime has the right to have their case decided by fair and impartial judges, without interference of any kind, from any source. This is the concept of judicial independence. While judicial decisions may not result in everyone being happy, the justice system is founded on public confidence that decisions - whether popular or not - are made after a full and fair hearing and without outside influence.
31
openness and accessibility of court
Only through an open and public process can the public have confidence in the justice system and be satisfied that parties are treated fairly.
32
equality before the law
All people in Canada are equal under the Canadian Charter of Rights and Freedoms.2
33
4 concepts for law in Canada
- rule of law - **freedom under the law** - **democratic principles** - respect
34
magna carta
no one is above the law
35
sources of law: primary
Primary: religion, customs and conventions, social political philosophy RCCSPP
36
sources of law: secondary
Secondary: constitution, statues, regulations, court decisions CSRCD
37
rule of law
a) **Society needs a clear system of rules to maintain order** b) That no-one, no matter how powerful, is above these rules c) That no-one can have unrestricted power to make laws
38
natural law
**there are fundamental principles that are always morally correct** - laws should reflect unchanging absolute moral certainties - law should promote a higher good - law is a guide or a goal to help citizens strive toward an ideal
39
legal postiivesm
law should be followed simply because they are laws - decided by formal institutions and government- laws should reflect he beliefs and interest to the majority - law is made to avoid harm to self and prosper - law is made to protect those who cannot protect themselves
40
legal realism
**what is true, moral, and fair depends on the perspective of the individual** - believed that law is vague, new different everyday - law comes from mood and prejudice that reflect how a society feels about the law
41
critical legal theory
laws reflect the biases of powerful social groups