Law Test Flashcards
What is law?
Law gives us rules of conduct that protects everyone’s rights
Law balances individual rights with obligations of members of society.
Why do we need laws?
To treat everyone equally under the law and protect principles of fundamental justice
These principles help tell the story of who we believe ourselves to be as a democratic and free nation.
What are factors driving change in law?
Demographic changes, technological changes, changes in values, national emergencies
Each of these factors can lead to legal reforms and adjustments.
What are the key foundations and principles of our legal system?
Equality under the law, no influence from power or wealth, fair and unbiased courts, impartial judges
These principles are often referred to as the principles of fundamental justice.
What is domestic law?
Laws enforceable only within the jurisdiction of one particular sovereign state
Examples include the laws of Canada, USA, and Russia.
What is international law?
Regulations agreed upon by various nations within the international community
Examples include the Universal Declaration of Human Rights and trade agreements.
What is substantive law?
Laws that define rights and obligations of members of society
Includes both case law and statute law.
What is procedural law?
Outlines steps and procedures governing how society protects and enforces rights under substantive law
Examples include court procedures and police procedures.
What is civil or private law?
Legal rules governing people’s private relationships between two or more parties
Examples include contract law, property law, and family law.
What is tort law?
Deals with wrongs committed against another not governed by criminal law
It seeks to provide remedies for civil wrongs.
What is family law?
Deals with relationships between individuals living together
It governs issues such as marriage, divorce, and child custody.
What is public law?
Law governing and regulating the interaction of the government and society
Includes criminal, constitutional, and administrative law.
What is criminal law?
Laws made by the government that regulate the interaction of the state and its subjects
It aims to protect society through the punishment of offenders.
What is constitutional law?
Laws that set out the structure of federal government and outline division of powers
Examples include the Canadian Bill of Rights and the Canada Act.
What is administrative law?
Regulates relationships between citizens, government, and public agencies
Examples include WSIB and minimum wage regulations.
What are primary sources of law?
Parts of the legal system with the longest historical development
They include foundational legal principles and historical documents.
What is justice?
Different definitions exist, including law as the standard of justice and moral perspectives
It can also be a personal point of view on issues.
What is natural law?
Legal theory connecting law and morality, asserting true laws are rooted in universal moral principles
It emphasizes justice and human well-being as core to legal systems.
Who is Socrates?
A Greek philosopher known for his emphasis on self-knowledge and living an ‘examined life’
He believed laws should reflect eternal moral principles.
What is positive law?
Legal positivism asserts that law need not be moral; it should be followed simply because it is law
It focuses on the survival of the state rather than moral purpose.
Who is Thomas Hobbes?
Philosopher who argued that without law, society would descend into chaos
He believed in strict obedience to law to maintain order.
What is legal realism?
A subcategory of legal positivism explaining law through real actions and influences on judges
It acknowledges individual bias in legal decisions.
What is feminist jurisprudence?
Challenges the idea that law is objective and neutral
It highlights historical discrimination and biases in legal institutions.
What is procedural justice?
Concept created by Lon Fuller, focusing on fairness of legal procedures
It assesses the quality of law based on how well it administers justice.
What is the restraint of power?
The notion that law’s essence lies in predictable restraint on power
Developed by Philip Selznick, emphasizing checks on ruling power.
Who came up with the idea of civil disobedience?
Henry David Thoreau
He advocated for the moral duty to resist unjust laws.
What is jurisprudence?
Philosophical interpretations and definitions of the meaning and nature of law
It has evolved over many centuries through legal scholarship.
What is utilitarianism?
A theory stating that a just law provides the greatest happiness for the greatest number
It prioritizes practical outcomes over moral considerations.
What are conventions in law?
Long-standing practices accepted as unwritten laws in political contexts
Example: Prime minister requesting only Canadian citizens as Governor General.
What are customs in law?
Established ways of doing things that have become accepted over time
They can influence legal norms and practices.
What is the principle of utilitarianism?
The principle of ‘happiness for the greatest number’ of people.
Utilitarianism is a moral theory that advocates for actions that promote the greatest happiness for the majority.
What are conventions in political practices?
Unwritten laws accepted over time as a way of doing something.
Conventions differ from customs as they specifically relate to political practices.
Give an example of a political convention in Canada.
The prime minister requests the monarch to appoint only Canadian citizens as Governor General.
This convention is not formally documented in the constitution.
Define customs in legal terms.
Long-established ways of doing something that have acquired the force of law.
Customs can be recognized by courts as having legal standing through established usage.
Provide an example of a custom.
Villagers using a shortcut through someone’s property to access the beach.
This right of way may be recognized by a judge despite not being formally written as law.
What does intra vires mean?
A statute is within the power of the province.
This term indicates that the law is legally valid within the jurisdiction of the authority.
What does ultra vires mean?
A law created outside of the provincial government’s jurisdiction.
Such laws can be invalidated or struck down by the courts.
What is the concept of stare decisis?
A precedent must be followed when ruling on a similar case.
This principle ensures consistency in legal decisions across courts.
What does judicial independence entail?
Judges function independently of the government that appointed them.
Their decisions reflect their interpretation of the law, not the government’s influence.
What is parliamentary supremacy?
Parliament has the supreme power to make Canadian law.
This principle emphasizes the role of Parliament as the representative body of the people.
Define civil disobedience.
Refusal to comply with certain laws as a peaceful form of political protest.
It often involves nonviolent actions against unjust laws or policies.
