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Canadian Law > Exam > Flashcards

Exam Flashcards

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1
Q

natural law

A

divine in origin, entitling it to supremacy.

ideal, unchanging, and universal

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2
Q

positive law

A

law rests in the hands of humans. ex statute law
written by humans
justice means conformity to law

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3
Q

socrates

A

“Socrates method” - challenging people on what they think they know.
condemned to death by corrupting the young.

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4
Q

plato

A

laws should reflect universal, absolute, and eternal, truths or virtues. (natural)
justice is important than man-made law.
laws should be followed unless they’re immoral.

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5
Q

aristotle

A

‘rationalism’ - humans are born with the power to think and reason
should have ability to understand right v wrong

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6
Q

hobbes

A

in the state of nature, humans led lives that were innately immoral.
gov’t must create laws to curve natural greed.

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7
Q

locke

A

‘natural rights’ were the right to life, liberty, and security of the person
humans are innately good, they should hand over the state to authority to preserve these laws.

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8
Q

bentham

A

‘utalitarianism’ humans live to achieve pleasure and avoid pain, therefore, the law must be the greatest happiness for the greatest number of people.

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9
Q

austin

A

to achieve happiness humans must obey the law, this maintains social order.

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10
Q

left vs right

A

society / tradition
law + order more relaxed / strict
taxation increases / tax breaks
state involvement / individual focus

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11
Q

substantive law

A

can help define the nature or substance of various crimes or laws
ex. differences between different types of murder and sentences for each, the specific offences drivers can be charged for, fines and demerit points.

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12
Q

procedural law

A

helps explain procedures associated w/ arrests, bail hearings etc.
meant to protect an accused person’s legal rights by ensuring that the same precedures are followed in every case

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13
Q

international law

A

made when two or more countries sign a treaty

ex. halibut treaty - canadian / american treaty on fishing rights in pacific. UN is another example.

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14
Q

criminal law

A

crimes against society
state v individual
r v defendant

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15
Q

administrative law

A

government agency v individual

immigration, liquor licence

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16
Q

constitutional law

A

federal government v provincial government
ex ultra vires
constitutional matters - beyond power of authority to do an action

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17
Q

tort law

A

civil wrong, suing, individual v individual

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18
Q

contract law

A

legally binding agreement

ex - sale of goods and services

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19
Q

family

A

family members

ex - divorce, custody

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20
Q

property law

A

ownership of property

ex - real estate

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21
Q

corporate law

A

establishment, operation, and dissoluation, of corporation

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22
Q

canada’s written constitution

A

july 1 1867, BNA act
canada becomes a new dominion
structure of the government is established
federal and provincial government powers were divided

23
Q

canada’s unwritten constitution

A

prime minister

conventions adopted by the UK (cabinet, parliament, and party systems)

24
Q

why laws change

A
  1. technological ( new tech - new laws passed, eg. new laws regarding phones and cameras)
  2. demographic (birth and death rates, canada’s population grows because of multicultural students, morning prayer is not allowed
  3. changes in values (non smokers rights valued, same sex marriage)
  4. change through democratic process (leaders won;t get re-elected due to bad choices (ww2 conscription)
  5. national emergency (9/11 laws)
  6. court decisions on individual struggles (abortion as a criminal offence)
  7. legal scholarship (scholarly articles, studies done. ex. battered spouse syndrome)
  8. change as a result of collective action (lobby groups, MADD, civil rights movement)
25
Q

universal declaration of human rights

A
  1. right to life, liberty, and security of the person
  2. no one shall be held in slavery
  3. no one shall be subjected to cruel, inhuman, or degrading punishment
  4. no one shall be subjected to arbitrary arrest
  5. all humans are born free and equal in dignity and rights
26
Q

charter of rights and freedoms

A
  1. right to life, liberty, and security of the person (r v Morgentaler) (r v sharpe) (r v keegstra)
  2. right to not be arbitrarily detained
  3. not to be subjected to cruel or unusual punishment
  4. right against unreasonable search and seizure (r v feeney)
  5. when charged with an offense, be tried within a reasonable time. (jordan)
27
Q

forms of discrimination

A
  1. unofficial discrimination (against a certain group even though there are laws protecting them)
  2. systematic discrimination (supported by government laws (ex. separate washrooms for black people, head taxes for Chinese people in canada)
  3. segregation (members from a group are forced to live, work, go to school separately from the rest of society)
  4. expulsion (members of a group are expelled from society (Japanese Canadians during war)
  5. genocide (widespread killing of members of a certain group. ex. holocaust, Rwanda genocide)
28
Q

International examples of lack of human rights

A

Women’s rights - in places such as saudi
LGBT rights - such as syria and saudi
death penalty - in US and other places

29
Q

5 goals of UN

A
  1. maintain international peace and security
  2. promote sustainable development
  3. protect human rights
  4. deliver humanitarian aid
  5. uphold international law
30
Q

Rule of Law

A
  1. law is necessary for order
  2. law applies equally to everyone
  3. legal rights will not be taken away except in accordance with the law
31
Q

Criminal law and purpose

A
  1. protect and keep citizens safe. ex. laws against murder
  2. protect our possessions
  3. preserve standards of decency
  4. preserve public order
32
Q

DNA Databank

A

pros - makes it easier to catch criminals, prevents a wrongful conviction, people maintain control of their own dna
cons - information can be hacked, invasion of privacy, dna could be used against an individual for wrongful conviction

33
Q

principles of canada’s justice system

A
  1. fairness
  2. efficiency
  3. clarity
  4. restraint
  5. accountability
  6. participation
  7. protection
34
Q

Fairness

A

people + procedures must be fair and applied equally to all

  • racial profiling
  • inmates given right to vote
35
Q

Efficiency

A

procedures should be efficient as to avoid undue costs, delays, and errors
-jordan decision

36
Q

Clarity

A

procedures must be clear. this leads to predictability and regularity
-reading rights during arrest and asking if they understand. making sure they speak english.

37
Q

Restraint

A

procedures should not interfere with an individual’s rights and freedoms so long as freedoms of others are protected
-using rights and freedoms to get away with immoral things - ensures our safety

38
Q

Accountability

A

people involved must be held accountable for conducting procedures
-sometimes authority are not held accountable for their actions

39
Q

Participation

A

the public should participate and court should be open to public

  • educates and deters people
  • jury is more unbiased
40
Q

Protection

A

Society should feel protected by the criminal justice system

-fed pen vs house arest just because it’s cheaper

41
Q

Diplomatic immunity

A

form of legal immunity that ensures diplomats are not susceptible to prosecution under a host country’s law.
diplomat can be expelled and held accountable under thei home country’s law.

42
Q

extradition

A

one country requests that another country send their criminal back to face charges
when wanted criminals flee

43
Q

bilateral extradition

A

between canada / another country

44
Q

multilateral extradition

A

between canada / british common wealth

45
Q

reasons to refuse extradition

A
  1. death penalty
  2. no human rights
  3. political prisoner
46
Q

deportation

A

legal process of forcing a person to leave our country canada has authority to deport and non-canadians who has entered country illegally / commit crimes
must file arc to return to canada

47
Q

goals of sentencing

A
  1. deterrence
  2. denunciation
  3. separation
  4. rehabilitation
48
Q

role of international court of justice

A 
to settle legal disputes submitted to by the states (canada vs another country) 
to give opinions on legal questions referred to it by authorized UN organs and specialized agencies
only states (nations) may be parties in this court, no individuals or companies can file cases here
49
Q

types of cases

A

the court’s decisions are binding on the parties and havebeen concerned with the issues
- land and maritime boundries, territorial soveirgnety, diplomatic relations, the right to asylum, nationality, and economic rights

50
Q

who sits on court

A
  • 15 judges elected by the general assembly of the UN for 9 year terms
  • 1/3 gets elected every 3 years
  • big 5 are always represented on security council and international court
51
Q

war crimes

A

after international conflicts, trials may be held on un’s international court
- grave breaches of gevena convention, crimes against humanity, and genocide

52
Q

trials

A

international military tribunal can also be set up “for this” as was the case after ww2 in germany and japan for their top military and government leader
- current ones include yugoslav + rwandan genocides, nuremberg trials

53
Q

charter of rights and freedoms

A

fundamental freedoms (2), democratic rights, (3-5), mobility rights (6), legal rights (7-14),

Canadian Law (5 decks)

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