Unit 1 short questions

Question 1

Legal Statutes:

Answer 1

When the parliament passes any law it is called a statute. At the federal level- a statute is in the form of a “bill” or proposed legislation, which must pass three readings In the house of commons and three readings in the senate. If the bill passes all six stages then it has to be signed by the governor- general (royal assent) and the law will be finally proclaimed.

Question 2

Rule of law

Answer 2

The rule of law means that no person, including the government, are above the law. (The law applies to everyone)

Question 3

Judicial independence

Answer 3

Judges are independent from the government (are able to make decisions based on law without government/ other influence) because it ensures the court decisions are fair ( protecting peoples rights + trust in the legal system)

Question 4

Democracy- Autocracy

Answer 4

Democracy is a system of government where power is held by the people (through elected representatives). Autocracy is a system of government where a single person or small group holds all the power making decisions without populations input (often limits freedoms/political oppositions)

Question 5

Amending laws

Answer 5

Refers to changing or creating new laws. it is typically extremely difficult ( a big consideration is whether people/society will react and embrace it)

Question 6

Constitution act 1982

Answer 6

it includes the charter of rights and freedoms, and made Canada fully independent. It provides a process to change the constitution without consent from the British.

Question 7

Positive law

Answer 7

refers to laws that are created and enforced by human authorities, such as governments or legislatures, as opposed to natural law, which is based on moral principles or inherent rights. Positive law includes written statutes, regulations, and legal codes that govern society. (Hobbes, Locke, Rousseau, Bentham)

Question 8

Natural law

Answer 8

The philosophical basis of law

Question 9

Legal realism

Answer 9

A theory that law should be/ is not just a set of rules followed strictly or consistently. its influenced by real world effects (such as social, economic, and personal factors)

Question 10

Justice

Answer 10

Justice means something different for different groups. its the concept of fair distribution of both advantages and burdens. There are a few kinds (Social, distributive, restorative/corrective, retributive, procedural justice)

Question 11

Social justice

Answer 11

Everyone deserves equal economic, political, and social opportunities (regardless of race, gender or religion)

Question 12

Distributive justice

Answer 12

the equal allocation (distributional) of assets in society ( wealth- financial aid)

Question 13

Retributive Justice

Answer 13

seeks to punish wrongdoers objectively and proportionately

Question 14

Restorative or corrective justice

Answer 14

Seeks to make things “right” through conversations and fixing wrongs through legal means (punishment or compensation)- holds offenders accountable

Question 15

Procedural justice

Answer 15

refers to implementing legal decisions with fair and unbiased processes

Question 16

Utilitarianism

Answer 16

is an ethical theory that suggests the best action is the one that maximizes overall happiness

Question 17

Jurisprudence

Answer 17

The science and philosophy of law it can also refer to being skilled in the legal field

-Arbitrary?- that’s so random- something that is random (Ex. our uniform policy is not arbitrary)

-Coherent?- Is the wording clear (Ex. Yes the uniform policy is coherent- shoe colour)

-Just?- is it right (Ex. The uniform policy is open for interpretation)

-A tool of the powerful?-

-A tool to serve the common good?- ( Ex. In the grand scheme of things the uniform does help eliminate aspects of convenience and also inclusivity)

Jurisprudence encourages the thinker to think-

Question 18

Karl Marx

Answer 18

“Marxism”, focused on a complete abandonment of natural law and from a legal point of view, focused of the failure of the legal system to treat society equally.

Question 19

Statutory interpretation

Answer 19

judges interoperate laws through cases referred to them. they follow “rules “ to help understand the statute before making a decision. (how is law worded? what is the intent of the law? What is the practical application of the law?

Question 20

Socrates

Answer 20

• Socrates is apart of natural law.
• He never actually wrote anything down (All writings were biased due to them being from the lens of Plato)
• He discussed many topics such as Knowledge, love, virtue, & justice
• Through discussion, Socrates would ask a series of questions which would lead to deeper questions; this method become known as the Socratic method of teaching

Question 21

Locke

Answer 21

Locked believed in three central rights:

-Right to life (Live free & without persecution )

-Right to liberty (To be free to practice religion, develop contrary thoughts and to publicly express them )

-Right to property (Right to own, dispose and protect it from others & the state )

Question 22

Social theory

Answer 22

• Law is an indicator of the changing moral foundations of society- a social fact

Question 23

Morality

Answer 23

• knowing right from wrong
• Socrates stated that if you have a set of beliefs and never once second- guessed them and/or questioned them then one could say your “not living”
• an example of changing morality is when the “lords day act” went into effect where businesses could now stay open on Sunday (when previously due to religion you could not)

Question 24

Ethics

Answer 24

• acting on our moral compass (way of living- specifically the behaviors of individuals in a society)

-it studies what is morally right/wrong, just or unjust.

-aims to answer the question “ what should we/i do?”

-its a process on self reflection (how peoples values, perspectives, habits, ect- effect our decisions)

Question 25

Critical legal theory

Answer 25

• Extends ideas of legal realism to critique law in society
• it argues that since law reflects values, it can be biased against certain groups (typically giving people in power the opportunity to create change rather than those less fortunate)

-

Question 26

Feminist Jurisprudence

Answer 26

• a philosophy based on the political, economic, & social equality of sex’s started in the 1960s
• Influences many debates on sexual & domestic violence, inequality in the workplace, and gender biased discrimination
• important name - Ruth Bader Ginsburg

Question 27

Primary and secondary sources of law

Answer 27

Primary: Primary sources are ideologies, beliefs, and philosophies that have influenced our societies ideas and values over many years. (religion, historical influence, ect)

Secondary: examples of Secondary sources are the constitution, statute law, and case law.

Question 28

customs

Answer 28

Customs are ways of doing things that have become so accepted and normal that they are unwritten rules. Example: Prime minister cabinet will act as unanimous executive

Question 29

parliamentary supremacy

Answer 29

Parliament has the supreme power to make laws for the Canadian people

Question 30

Case law/Common law

Answer 30

• case law or common law is a legal term that means law is based on judicial decisions rather than laws passed by legislatures called statutes

Question 31

Stare Decisis

Answer 31

The principal of following prior judgment is called the stare decisis ( adhere to former decisions) or rule of precedent assumes that cases should be decided in the same way if the very important facts or materials are the same.

Question 32

Divine law

Answer 32

Divine law refers to rules and principles believed to be given by a deity or higher power, often found in religious texts. It is considered to be universal, moral law that governs human behavior and is distinct from human-made laws.

Question 33

Plato

Answer 33

• Apart of natural law
  -Believed that absolute truth exists & it is eternal (forever) & unchanging. That law should provide inner harmony & justice in the state; the overall purpose of law is for law to act as a guide for society, a means of measuring justness & reforming evil practices

He believed humans in conformity to the law:
- initially out of fear of punishment
-eventually out of habit
- lastly out of Commitment to the values reflected in the law

Question 34

Hobbes

Answer 34

• positive law
• believed nature In its essence chaotic- summarized philosophy in leviathan ( 1651) - the social contract was one where the ruler’s will determined law & people were not authorized to question the rulers will
  -laws corrected This imbalance & preserved order in society
• laws should be Centralized & administered by a strong central authority- King

Question 35

Audra Lorde

Answer 35

Audre Lorde was an American writer, poet, and civil rights activist known for her powerful works on race, gender, and sexuality. A self-described “Black, lesbian, feminist, mother, warrior, poet,” she fought for social justice and used her writing to address issues of oppression, identity, and intersectionality, inspiring movements for equality and empowerment.

Question 36

demestic and international law

Answer 36

Demstic:
-Applies within the boundaries of a nation
-Can be enforced by the government & interpenetrated by domestic court authority
- Example:
Youth Criminal Justice Act (2002): A Canadian law that governs how youth are dealt with in the criminal justice system, focusing on rehabilitation and reintegration.

Criminal Code of Canada: The main federal statute that defines criminal offenses and their penalties in Canada.

Highway Traffic Act: Provincial laws regulating the operation of vehicles on public roads, covering rules of the road, vehicle safety, and driver conduct.

International:
- consists of agreements between nations, often through an international body such as the UN
-Difficult for all countries to agree on these laws
- even more difficult for these laws to be enforced

Examples:
Cop26- Glasgow climate pact (2021)
- 200 countries agree to phase down coal & strengthen emission targets by 2030

Russian military intervention in Ukraine (2014-?) - further external intervention could cause the situation to worsen

Question 37

sovereign states

Answer 37

Sovereign states are governed by international law and meets the following :
-control over a defined territory
-a government
-the ability to enter relations with other states

Question 38

Formal equality

Answer 38

• means that if one country is not actually equal to one another (military strength, economy, or political stature) it still possesses the same basic rights & responsibilities as other states

Question 39

International customs- non Refoulement & diplomatic

Answer 39

international communities have certain customs that have developed & been followed over a long period of time. Behavior becomes international customary law after countries repeatedly behavior in a particular way

Non- Refoulement: providing asylum to a person when it is proven that forcible return to country of origin plus their life is in legitimate risk

Diplomatic: Protects diplomats from harm or lawsuits when in a foreign country

Question 40

Ruth Bader Ginsburg

Answer 40

Ruth Bader Ginsburg (1933–2020) was a U.S. Supreme Court Justice and a pioneering advocate for gender equality and women’s rights. Appointed in 1993, she became the second woman to serve on the U.S. Supreme Court. Throughout her career, both as a lawyer and a judge, Ginsburg fought against gender discrimination and championed civil liberties. Known for her powerful dissents, she became an iconic figure in American legal history and a symbol of progressive values, particularly in the areas of women’s rights and social justice.

Question 41

Treaties and ratification

Answer 41

• treaties are a formal agreement between two or more states that set out mutually agreed rights and obligations
• often made to impose peace, creat alliances, foster commerce & trade
• Ratification is a state bound to a treaty if they officially consent to be bound by that treaty
  -signing a treaty however, is not the same as ratifying a treaty.

Question 42

Bilateral & Multilateral treaties

Answer 42

Bilateral Treaties: Agreements between two countries that outline their mutual rights and obligations on specific issues, such as trade, defense, or environmental protection.

Multilateral Treaties: Agreements involving three or more countries, aimed at establishing common standards or resolving global issues, often through international organizations (e.g., the Paris Agreement on climate change).

Question 43

Aristotle

Answer 43

-Aristotle is apart of natural law
-He is Platos most famous student
- he believed humans Rationalize to understand the true meaning of law; human analysis, application of reason to study nature would reveal natural laws for governing human behavior
- he believed through rationalism Humans will see the unchanging rules of nature are beyond human control

Question 44

Aquinas

Question 45

Bentham

Answer 45

-positive law
-He argued that individuals are only motivated by self- interest- law MUST constrain the self
-he argued that morals and ethics should be removed from law & that the laws must achieve the greatest good for the greatest number of people