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GMGT: 3300 Comm Law Midterm > Law Introduction > Flashcards

Law Introduction Flashcards

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1
Q

What is Law and how is it differentiated?

A

subset of rules and differentiated by formalities of documentation and enforcement

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2
Q

What is Law:
Sanctions and how is it differentiated

A

punishment for breaking a law and differentiated by laws and rules

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3
Q

What is Law:
What did David Humes distinguish (x2 _____vs_______)

A

Physical vs Normative laws
normative laws vs normative rules

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4
Q

What is Law:
Physical Law

A

Laws of nature in physics, chemistry and biology and cannot be broken

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5
Q

What is Law:
Normative Laws

A

some of rules governing human conduct created/enforced by humans and can be broken.

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6
Q

What is Law:
Can normative laws create full protection?

A

Normative laws cannot provide full protection, they can only deter one from breaking them out of free will as if broken the person will have to suffer the consequences and punishments

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7
Q

What is Law:
what are normative rules

A

created a code of behaviour for people to follow with no formal sanctions etc dress and eating etiquette

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8
Q

What is Law:
What is key distinguishable feature of normative law vs normative rule?

A

formalized sanction along with a formalized rule of law and created by a formal societal institution

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9
Q

What is Law:
How are sanctions and laws created (2 bodies) (hint: election)

A

By elected politicians (federal parliament and provincial legislature

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10
Q

Relationship Between law and politics:
Are laws value neutral, explain?

A

Laws are not value neutral, they are made from political philosophical values of the law maker

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11
Q

Relationship Between law and politics:
What are Legal Philosophies

legislature is a ________ that leads to _____ and ______ are appointed from ______ parties

A

“dressed up political philosophies”
legislature is process that leads to law and judges are appointed from political parties

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12
Q

Relationship Between law and politics and politicians platform
How is law related to political process

A

Laws are a crystallized product of the political process, they grow from political process and it is how politicians acheive their agenda

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13
Q

Relationship Between law and politics:
3 main part of the legislature

A
  1. Legislative assembly - people elected to position (politicians)
  2. Monarch: King Charles the Third, governor general (federal)
  3. Lieutenant Government (Provincial)
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14
Q

Relationship Between law and politics:
What is the role of the Monarch in the legislature

A

Monarch approves bill by legislative assembly.

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15
Q

What are the basic theories and philosophies of law:
What is Jurisprudence?

A

Manifestation of politics, they embody the philosophy of social and political views

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16
Q

What are the basic theories and philosophies of law:
What is philosophy

A

study of the basic ideas about knowledge, truth, religion, moral principals, society

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17
Q

What are the basic theories and philosophies of law:
3 schools of jurisprudence and quick sentence on view of law

A

Natural Law: what should be the law
Legal Positivism: what the law is
Legal Realism: why the law is what it is

18
Q

What are the basic theories and philosophies of law:
Natural Law is concerned with

A

What should the law be?

19
Q

What are the basic theories and philosophies of law:
Natural law 2 subcategories of what law should be
1. Religion (hint)
2. Deistic (hint)

A
  1. based on truths inspired by God (scripture -> society)
  2. Deistic: rational people use natural reason and logic to arrive at basic principles of justice/law
20
Q

What are the basic theories and philosophies of law:
What is Legal Positivism concerned with and does it evaluate the law?

A

only concerned with what is the law and doesn’t evaluate the law.

21
Q

What are the basic theories and philosophies of law:
2 key ideas of legal positivism

A

be value neutral and identify legal principles

22
Q

What are the basic theories and philosophies of law:
How did August Compt discover sociology? Hint: science

A

Applied the scientific method of single variable isolation to humanity laws and society

23
Q

What are the basic theories and philosophies of law:
2 Steps to Process of using scientific method in human natural

A
  1. Locate holder of power (sovereign)
  2. Identify and interpret the law under different methods/cases
24
Q

What are the basic theories and philosophies of law:
What is Legal Realism and what is it concerned with?

A

Why the law is what it is? Why judicial decisions are made? Why law created -> use scientific method

25
Q

What are the purposes of Law In Society:
What are 4 purposes of law in society

A
  • consistency and guidelines for individuals
  • regulates society
  • order
  • fair relationships between people in different areas of manner
26
Q

What are the purposes of Law In Society:
Liberal Capitalist Society beliefs & components (3)
Market Economy
Private Property
Competition

A

Market Economy: freedom without / limited government intervention
Private Property: average person is good
Competition to democratize benefits increased w/ productivity and efficiency

27
Q

What are the purposes of Law In Society:
Marxism (NDP) beliefs and components (3)

A
  • equal condition and quality
  • provide from ability of each
  • private property / capitalism are oppression tools and should be destroyed
28
Q

What are the purposes of Law In Society:
Jeremy Bentham’s main belief and flaw

A

Principle of utility: greatest happiness of the greatest number.
Flaw: Utility is subjective and hard to measure

29
Q

What are the purposes of Law In Society:
Social Engineering Roscoe Pound main belief

A

Study people’s needs and expectations of prevailing issues
rational adjustments of rights given to competing interest can improve society

30
Q

Social Engineering Roscoe Pound: Can Law, created by lobbyists, influence development of society or is it reflection of changing values in society

A

Change in law affect values in society, law can lead and follow society.
Examples:
sexual orientation, LGB2Q+ (behind)
Drinking and driving/smoking: humans did not ask for changes, lobbyists sought changes and now we view these as moral crimes/frowned upon

31
Q

Social Engineering Roscoe Pound: can scientific methods be used to improve quality of law making or are scientific neutral instruments to be used by social groups?

A

It can improve etc climate change, environmental law, carbon tax
Social groups can misuse, abuse or misinterpret

32
Q

Social Engineering Roscoe Pound: if Scientific method’s can be effective in exposing society, is there a danger that they will destroy myths upon which society depends.
what are 3 myths

A

Danger is the way humans will react and it will fall apart but benefit is that we can progress with a better system.

similar cases treated the same, sentences and convictions the same for all people, only guilty convicted

33
Q

Social Engineering Roscoe Pound:
What is Ma’at and what does sword, blindfold and scale represent?

A

represent a fair judge. Sword is judicial enforcement, scale is fairness of all, blindfold is to remove data/bias, focus on the merits of the case itself

34
Q

Substantive Law

A

rights and duties each person has in society , concerned with liabilities

35
Q

Public Law and what is it divided into (3)

A

conduct of relations with government on one side and private person on the other.

divided into criminal, constitutional, administrative

36
Q

Procedural Law and what is enforced

A

process through which liabilities enforced

37
Q

Private law

A

rules governing private persons or groups. Dispute arise and person can go to court to have their rights (liabilities) decided by private law

38
Q

Private law is fundamental base for creation of what 4 laws?

A

Contract, Tort, Property and Civil

39
Q

Civil Law

A

Law relies on a particular code, non-criminal court

40
Q

Common Law

A

Law relies on precedent cases

GMGT: 3300 Comm Law Midterm (10 decks)

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