Law Test Terms Flashcards
Practices created to deal with situations that arose from everyday living are….
Customs
What are conventions?
Agreements or arrangements that are not part of a formal contract but impose obligation on the involved parties.
Ie. Doing something because that’s howdy always been done.
What is ultra and intra virés?
Ultra Virés:
Beyond or outside the power
Law that may exceed the power of the courts of the government.
Intra Virés:
Within the powers
Law that is within the jurisdiction of the government or courts.
What is Natural Law?
The theory that all humans are derived from eternal and unchangeable principles which regulate the natural world.
God created the world and the laws, so, the closer our laws mirror Gods the better society will function.
MORALITY AND LAW!!!
Society déterminés what is deemed morally acceptable and imposes it through laws.
What is Procédural Law??
Law that outlines the methods and procedures by which substantive law is enforced.
What type of law identifies the rights and duties of a person or government.
SUBSTANTIVE LAW
What is positive law?
The theory that law is a body of rules formulated by the state that citizens are OBLIGATED to follow for the good of the state.
Introduced due to religious and political upheaval in the 16-17th century in Europe.
NO CONNECTION BETWEEN MORALITY AND LAW.
What is the highest form of law in Canada?
Constitutional Law
Explain constitutional law.
The supreme law of Canada.
Contains laws that have changed other laws or procedures known as landmark cases.
The constitution reflects the collective views and values held by society.
What is pith and substance?
The overriding purpose of intent for the law.
Determines the most important characteristics of a challenged law.
The courts…
1. Determine the main purpose of a bill
2. Confirm which level of government has authority in regards to ss. 91-93.
Laws that extend beyond Canadas borders and that have jurisdiction in more than one county are examples of what type of law?
Give examples.
International Laws
ie. Treaties, nafta, and nato.
Define trial by ordeal. Give examples.
A criminal trial or form of punishment used to determine if someone was guilty or innocent through dangerous and painful tests believed to be under divine control.
If you survived you were innocent because God let you live.
ie. Trial by hot iron (must hold red hot iron rod and if burns heal within 3 days you are innocent)
Trial by combat
The area where your powers lie to make legal decision and judgements is called what?
Jurisdiction
What is feminist jurisprudence?
The legal theory that the law is an instrument of oppression by men against women.
Legal institutions are systemically biased against women obtaining positions of power.
Law historically treat women as inferior.
- 1929 women were deemed people
- 1918 (some) women got the right to vote
Explain the case of Justine Blaney?
Wasn’t allowed to play with a male hockey league so she argued to the courts saying that this was oppressions and an example of the law treating women as inferior and the court made the ruling that females were now allowed to play on male sports teams.
