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law unit 1 Flashcards

1
Q

define law

A

a set of statutes and rules that individuals in a society are governed by or compelled to follow

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2
Q

define statue

A

laws that are enacted by elected representatives for the public at the federal or provincial level

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3
Q

define jurisprudence

A

the science of laws that deals with notions, concepts and principles of legal thought

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4
Q

define positive law

A

laws that were initiated by humans

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5
Q

define natural law

A

a set of ideals inflexble rules iof conduct and law that are universal and absoute and were not initated by humansbut by god

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6
Q

define impartial adjudicator

A

a judge and jury

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7
Q

define justice

A

has the right to present your case in front of an impartial adjudicator

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8
Q

define do-process

A

you have a right to a fair processing under the law

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9
Q

define philosophy

A

the processing of critcal inquiry into a particular branch of knowladge thirugh the use of logic and reason

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10
Q

define critical inquiry

A

asking question and stating reason why

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11
Q

define self evident

A

self explanatory and needs no evidence

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12
Q

define dictate to reason

A

laws are made so you can be destructive

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13
Q

define rights acts

A

laws that are in accordance with natural law

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14
Q

define postivtism

A

metaphysical questions that are unanswerable and that the only branch of knowledge is scienticfic

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15
Q

theocracy

A

a form of government where the law of the state is the law of god

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16
Q

define long-standing customs

A

a way in which society behaves

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17
Q

define the constitution

A

the top of the legal pyramid and provides the basic building blocks for all other laws they gain their legitimacy from the constitution

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18
Q

ratio decidendi

A

a narrow rule applied to certain amount of facts becomes a legal rule with a wider application

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19
Q

order-in-council

A

most broad policy statement that governs a particular legal matter legislation provides the omitted things from the statute

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20
Q

civil liability

A

monetary compensation of another person who has suffered a violation of a private law

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21
Q

civil law

A

the law that governs the relationship between individuals when an individual commits wrongful conduct against another individual the remedy is monetary compensation or “damages”

22
Q

criminal liability

A

conducts that lead to penal sanctions by the state

23
Q

criminal law

A

the law that deals with the wrongful acts or omissions harmful to the state as a whole and which are punishable by the state

24
Q

procedural justice

applying the pricicpels of law

A

the proper administration of the rules of proper conduct in this case justice is concerned with applying princicpals of the law rather than the nature and substance

25
Q

Sovereignty

A

the principles with a nation or ruling body come to exercise supreme authority jurisdiction or power and affairs over the state

26
Q

Internal Sovereignty

A

identifying the ultimate source of supreme power and authority within a nation

27
Q

external Sovereignty

A

The idea is a nation is an autonomous (self-reliant) political social and cultural entity the state claims to have rights obligations and authority with respect to other nations

28
Q

Utilitarianism

A

measures that benefit more people than they hurt

29
Q

veto

A

power to overrule any decision

30
Q

substantive justice

A

the criteria on which laws are based on the content of the laws itself

31
Q

Statute of limitations

A

the timeline to file a lawsuit (one year)

32
Q

what are the three things that jurisprudence allows us to achieve?

A
  1. understand court decisions legal institutions and statutes
  2. understand society’s attitude toward the law
  3. it gives us tools to predict the future of our legal thought
33
Q

define laws as an instrument in society?

A

reflect our collective goals and values in society and protect our political rights and freedoms

34
Q

define law as a mechainisms for resolving disputes

A

the law does not allow for vigilante justice courts are guided by laws to help settle disputes

35
Q

define law protects our people’s rights and properties

A

laws are useless unless they have a mechanism for enforcement

36
Q

define law brings order in society

A

creates stability and predictability in a society

37
Q

what are the 3 contexts of law?

law as a legal conpect
laws as a legal system
law is a set of rules

A

law as a legal concept
law is accounted with qualities of justice, morality and equality it is either just or unjust

laws as a legal system
is a set of agencies, industries and procedures that perform a function in society

law is a set of rules
outline the rights and obligations and reflect our values, ideas and purposes of the state

38
Q

primary sources of law

religoin customs and convections, social and political

A

religion
Canada are based on judicial Christian heritage while some societies are based on theocracy

customs and convictions
long-standing customs and traditions that have been enshired as laws for the welfare of the state
convictions and rules followed by individuals even though the court does not legally enforce them

social and political
changes in society and politics influence the judiciary and application of the law

39
Q

secondary sources of law

constitutions, statues, acts and court desisions

A

the constitution
is the top of the legal pyramid and is the basic building block for all laws and all laws get legitimacy from the constitution

statues and acts
laws that are enacted by elected representatives of the public at either the federal or provincial level

court decisions
a body of law created by a previous precedence this body has an enteral hierarchy and takes precedence over all other laws

40
Q

how laws become statues

A
  1. The bill gets passed
  2. goes through three readings in the House of Commons if passed goes to the senate
  3. if passed the government general or lieutenant signs it into law
41
Q

what did Socrates believe in

A

(Natural) he wanted people to live the good life and to do that he people to question their values and beliefs so we can have our own and have a deeper meaning of life

42
Q

what did Plato believe in

A

(Natural) he believed that all laws should have absolute, universal and eternal values even though humans couldn’t achieve these truths our laws should reflect them

43
Q

what did Arosotial believe in

A

(he believes that justice is within the grasp of humans cause they have the concept of reason and create laws suitable for them but can create the perfect standard through proper guidance

44
Q

what did Cicero believe in

A

he believes in the unchanging and universal natural laws and “wise and intelligent men” can disobey them if they conflict with natural laws

45
Q

what did Aquinas believe in

christain prophets

A

he believed laws were created by the natural world and were know to humans through revelation and christain prophets

46
Q

what did Bentham believe in

authoirtive body

A

he believed laws were handed down by an authoritative body and passed down in the courts through judgment and in statutes laws are enforced with punhisments and restriction they are made for the most saitsifaction for the greatest number of people

47
Q

what did Austin believe in

A

the social good is advanced through the law, individual morality has no place in law and is not judged on its quality but on how it controls society

48
Q

who is Thomas Hobbes

A

He believes that a society without laws will create a solitary, nasty and brutish society and laws are needed to protect our political, social and economic objectives and provide mechanisms for resolving disputes

49
Q

who is John Stewart mill

utilitarianism

A

He believes that justice was designed around utilitarianism and believed men were propelled to do good

50
Q

who is St Augustine

Christian justice

A

Christian justice reigns supreme the church has a moral duty and authority to check the abuses of the government to exercise a moral veto over its action

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