law unit 1 Flashcards
define law
a set of statutes and rules that individuals in a society are governed by or compelled to follow
define statue
laws that are enacted by elected representatives for the public at the federal or provincial level
define jurisprudence
the science of laws that deals with notions, concepts and principles of legal thought
define positive law
laws that were initiated by humans
define natural law
a set of ideals inflexble rules iof conduct and law that are universal and absoute and were not initated by humansbut by god
define impartial adjudicator
a judge and jury
define justice
has the right to present your case in front of an impartial adjudicator
define do-process
you have a right to a fair processing under the law
define philosophy
the processing of critcal inquiry into a particular branch of knowladge thirugh the use of logic and reason
define critical inquiry
asking question and stating reason why
define self evident
self explanatory and needs no evidence
define dictate to reason
laws are made so you can be destructive
define rights acts
laws that are in accordance with natural law
define postivtism
metaphysical questions that are unanswerable and that the only branch of knowledge is scienticfic
theocracy
a form of government where the law of the state is the law of god
define long-standing customs
a way in which society behaves
define the constitution
the top of the legal pyramid and provides the basic building blocks for all other laws they gain their legitimacy from the constitution
ratio decidendi
a narrow rule applied to certain amount of facts becomes a legal rule with a wider application
order-in-council
most broad policy statement that governs a particular legal matter legislation provides the omitted things from the statute
civil liability
monetary compensation of another person who has suffered a violation of a private law
civil law
the law that governs the relationship between individuals when an individual commits wrongful conduct against another individual the remedy is monetary compensation or “damages”
criminal liability
conducts that lead to penal sanctions by the state
criminal law
the law that deals with the wrongful acts or omissions harmful to the state as a whole and which are punishable by the state
procedural justice
applying the pricicpels of law
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
Sovereignty
the principles with a nation or ruling body come to exercise supreme authority jurisdiction or power and affairs over the state
Internal Sovereignty
identifying the ultimate source of supreme power and authority within a nation
external Sovereignty
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
Utilitarianism
measures that benefit more people than they hurt
veto
power to overrule any decision
substantive justice
the criteria on which laws are based on the content of the laws itself
Statute of limitations
the timeline to file a lawsuit (one year)
what are the three things that jurisprudence allows us to achieve?
- understand court decisions legal institutions and statutes
- understand society’s attitude toward the law
- it gives us tools to predict the future of our legal thought
define laws as an instrument in society?
reflect our collective goals and values in society and protect our political rights and freedoms
define law as a mechainisms for resolving disputes
the law does not allow for vigilante justice courts are guided by laws to help settle disputes
define law protects our people’s rights and properties
laws are useless unless they have a mechanism for enforcement
define law brings order in society
creates stability and predictability in a society
what are the 3 contexts of law?
law as a legal conpect
laws as a legal system
law is a set of rules
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
primary sources of law
religoin customs and convections, social and political
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
secondary sources of law
constitutions, statues, acts and court desisions
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
how laws become statues
- The bill gets passed
- goes through three readings in the House of Commons if passed goes to the senate
- if passed the government general or lieutenant signs it into law
what did Socrates believe in
(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
what did Plato believe in
(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
what did Arosotial believe in
(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
what did Cicero believe in
he believes in the unchanging and universal natural laws and “wise and intelligent men” can disobey them if they conflict with natural laws
what did Aquinas believe in
christain prophets
he believed laws were created by the natural world and were know to humans through revelation and christain prophets
what did Bentham believe in
authoirtive body
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
what did Austin believe in
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
who is Thomas Hobbes
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
who is John Stewart mill
utilitarianism
He believes that justice was designed around utilitarianism and believed men were propelled to do good
who is St Augustine
Christian justice
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
