deck_14086715

Question 1

authority

Answer 1

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

Question 2

civil disobedience

Answer 2

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

Question 3

domestic law

Answer 3

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

Question 4

duty

Answer 4

an obligation by the state to provide a right

Question 5

equality

Answer 5

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

Question 6

equity

Answer 6

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

Question 7

humanity

Answer 7

The concept of kindness and respect toward all people.

Question 8

international law

Answer 8

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

Question 9

jurisdiction

Answer 9

The parameters within which power and authority may be exercised.

Question 10

jurisprudence

Answer 10

The science and philosophy of law.

Question 11

justice

Answer 11

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

Question 12

law

Answer 12

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

Question 13

legitimacy

Answer 13

The right to inherit property or title.

Question 14

morality

Answer 14

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

Question 15

natural law

Answer 15

An observable law relating to things that occur in nature.

Question 16

ownership

Answer 16

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

Question 17

positive law

Answer 17

Law that are enacted and adopted by government.

Question 18

power

Answer 18

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

Question 19

primary sources

Answer 19

Original sources of law such as customs and conventions.

Question 20

private law

Answer 20

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

Question 21

procedural law

Answer 21

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

Question 22

public law

Answer 22

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

Question 23

rights

Answer 23

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

Question 24

secondary sources

Answer 24

Laws that have been written down and are legally binding.

Question 25

socratic method

Answer 25

The question and answer method used by justice systems to reveal truth in cases.

Question 26

sovereignty

Answer 26

The supreme authority of a nation-state to impose its power on its subjects within its defined geographic boundaries.

Question 27

substantive law

Answer 27

The positive law enACTed by governments that creates, deFINEs and reGUlates the rights and obligations of citizens.

Question 28

presumption of innocence

Answer 28

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.

Question 29

due process

Answer 29

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.

Question 30

independent judiciary

Answer 30

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.

Question 31

openness and accessibility of court

Answer 31

Only through an open and public process can the public have confidence in the justice system and be satisfied that parties are treated fairly.

Question 32

equality before the law

Answer 32

All people in Canada are equal under the Canadian Charter of Rights and Freedoms.2

Question 33

4 concepts for law in Canada

Answer 33

• rule of law
• freedom under the law
• democratic principles
• respect

Question 34

magna carta

Answer 34

no one is above the law

Question 35

sources of law: primary

Answer 35

Primary: religion, customs and conventions, social political philosophy

RCCSPP

Question 36

sources of law: secondary

Answer 36

Secondary: constitution, statues, regulations, court decisions

CSRCD

Question 37

rule of law

Answer 37

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

Question 38

natural law

Answer 38

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

Question 39

legal postiivesm

Answer 39

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

Question 40

legal realism

Answer 40

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

Question 41

critical legal theory

Answer 41

laws reflect the biases of powerful social groups