Exam Flashcards
What are the 2 types of bias
Unconscious and conscious
What is another word for unconscious bias
Implicit bias
What is another word for conscious bias
explicit bias
What is explicit bias
Being aware of the bias that is within oneself being vocal about it, indented bias
What is implicit bias
not aware the of bias that is held
Is unconscious/explicit bias permanent
No, one can work to minimize it
What did jurisprudence originally mean
a latin term that meant “knowledge or skill in the law”
What does jurisprudence mean now
is used to describe the science or philosophy of law that deals with investigating the concepts, notions and principles of legal thought
What is sovereignty
the principle upon which a nation or ruling body comes to exercise supreme political authority, jurisdiction, or power over the affairs of state (each country controls what happens within its boarders)
What is sovereignty the root of
National independence and international law
Is responsible for both peaceful and armed conflict between nations
What is internal sovereignty
The ruling body of the state
What outlines Canada’s sovereignty
The Constitution Act– it limits the power the governing bodies have
What is external sovereignty
The concept that a state is an independent political, social and cultural entity and is self determined
basically
What is common law
based on the legal principle known as stare decisis (relying on the decisions made by other courts when determining the outcome of similar cases)
Precedents is a major part of this
What are precedents
jugements or decisions of a court cited as an authority for deciding a similar set of facts
Why are the Circuit Judges (Britain) important (not on review)
Under King Henry II—traveling courts established the roots of our COMMON LAW or CASE LAW system
The creation of precedent `
What is Justice
appropriate standards of conduct, no definitive definition
What is Substantive justice
Concerned with the justice of the criteria upon which laws are based
What is procedural justice
Accurate reconstruction of events and fairness to all parties
How do you know if something is procedural just
Concerns the proper admin. of the formal rules or exercising the law (if all the administrative rules are followed, it is procedurally just)
Justice is concerned w. applying principles of law rather than their nature and substance
Justice becomes more than a matter of arriving at the right decision, it also involves giving a complete and fair hearing to all parties, acting impartially and making an honest effort to arrive at a just decision
What are the 2 ways justice is a test of law
Substative and Procedural just
What are the 6 parts to procedural justice
Principe of fairness (decision makers impartial, be fair)
Principle of Efficiency (avoid errors, be timely)
Principle of Restraint (minimum interference with individuals freedom, society should remain protected, convicted should have minimal harm caused to them)
Principle of Accountability (those in position of power should be held accountable for their decisions and the effects on the accused)
Principle of Participation (citizens involved in a positive way, participations promotes public acceptance of the criminal process)
Principle of Protection (criminal law serves to protect society, offender is entitled to full protection, criminals rights may not be infringed upon by anyone)
what is legal paternalism
To act for the good of another person without their consent, as a parent would their child.
What is public morality
An adopted norm or standard of ethical behaviour that is codified in law