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LS 101 > LS Test 1 > Flashcards

LS Test 1 Flashcards

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1
Q

law (definition)

A

formal system of social control, operating through external pressures and coercive actions to ensure compliance

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2
Q

legitimacy of law

A

derived from its acceptance and recognition by society

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3
Q

symbol of law in society

A

state power and authority

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4
Q

what does law influence?

A

property, relationships and social interactions

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5
Q

purpose of CLS

A

emphasize the difference between law in action and law in books, how precedents shape judicial decisions

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6
Q

social perspectives of law

A

focus on the law as a construct of order, examining motivations for compliance, and the coersive nature of legal systems

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7
Q

jurist’s perspective of law

A

law as a set of principles enforced by courts, aiming for consistency and legitimacy, eliminaiting arbitrary decisions

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8
Q

sociologist’s perspective of law

A

questions why individuals follow laws: often due to social pressures or fear of consequences

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9
Q

CLS tenets

A

law is politics, indeterminate (ambigious, contradictory), and ideological

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10
Q

law’s role in society (3 assumptions)

A
  1. the legal system does not operate autonomously and is embedded in society
  2. law and legal decisions impact other aspects of society: politics, culture, religion and economics
  3. reflects changes within society have impact on changes to law: cannabis, gay marriages, immigration
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11
Q

what is legal realism?

A

the convention that judges make law, rather than find it

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12
Q

law is a key producer of…

A

inequality

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13
Q

what are the 2 categories of law? define them.

A
  1. substantive: rights, duties, prohibitions by the court
  2. procedural: rules on how to enact law
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14
Q

define public law (general)

A

governs the relationship between individuals and the state, structure of the government, duties and powers of officials

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15
Q

give examples of public law

A

constitutional, administrative, and criminal law

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16
Q

define private law (general)

A

regulates relationships between individuals

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17
Q

give examples of private law

A

contracts, torts, and family law

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18
Q

how is civil different from criminal law?

A

civil system often leads to more favorable outcomes for plaintiffs and the efficiency of civil proceedings can deter individuals from pursuing criminal trials

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19
Q

the legal system does not function in…

A

isolation. it is deeply rooted in societal norms and values.

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20
Q

what is are the key functions of law? (5) define them.

A
  1. maintain social control: regulate behaviour and maintains order in society, prescribing punishments for violations.
  2. dispute resolution: provides a framework for resolving conflicts
  3. instrument of social change: by enacting laws that reflect evolving societal values/norms.
  4. uphold rights and define duties: establishes and protects individual rights while outlining corresponding duties
  5. communicate moral standards: legitimizing certain behaviours while condemning others.
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21
Q

define administrative law

A

oversees the activities of admin agencies of government, resolving disputes and enforcing regulations. it delineates the powers and responsibilities of various branches of government

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22
Q

define malem in se

A

evil/predatory = prison

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23
Q

define malum in prohibitas

A

act is less serious = fine

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24
Q

define “true crime”/predatory crime

A

universally recognized as inherently wrong and harmful

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25
Q

define regulatory offences

A

carry smaller penalties, lower burden of proof, less moral culpability

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26
Q

what are the 3 branches of government? define.

A
  1. legislative: statutory laws at both federal and provincial levels
  2. judicial: interprets and applies laws through court system
  3. executive: implements law and social policies through government departments
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27
Q

procedure of murder charges

A
  1. establish actus reus, the foundational element for prosecusion
  2. accused must prove they were not negligent, can shift burden onto the defense
  3. identify mens rea/intention, if any !!
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28
Q

define inculpatory evidence

A

in culpa = guilty

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29
Q

define exculpatory evidence

A

ex culpa = not guilty

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30
Q

define the concept of “lower burden of proof”

A

the prosecution does not need to meet the same evidentiary standards as in civil cases

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31
Q

define administrative tribunals

A

established to resolve disputes between citizens and government agencies (OHRC)

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32
Q

what do administrative tribunals operate under?

A

quasi-criminal statutes and possess quasi-judicial powers, allowing them to make binding decisions.

33
Q

is the rule of law fundamental in administrative tribunals? why or why not?

A

yes. ensures that all individuals are subject to the law, transparent and fairly administered

34
Q

what are the 3 elements of the RULE OF LAW? define each.

A
  1. scope of the law: all individuals and groups are subject to the law, ensuring equality
  2. character of the law: law must be clear and accesible to all citizens
  3. insitution of the law: fairness is ensured through an independent udiciary and the right to a fair trial
35
Q

what do tribunals do?

A

set standards and regulations for individuals and corporations, acting as regulatory bodies

36
Q

what do tribunals have the authority to do?

A

revoke licenses, impose fines, deport individuals

37
Q

what is essential in tribunals?

A

impartiality, to ensure that government power is exercised fairly and without discrimination

38
Q

limitations of tribunals

A

cannot act arbitrarily, must operate within their jurisdiction

39
Q

can courts overrule tribunal decisions? why or why not?

A

yes, if there are violations of due process/CRF

40
Q

list the advantages of administrative tribunals (4)

A
  1. provide protection against state power, ensuring fairness
  2. more efficient
  3. less costly
  4. the expertise of tribunal members can lead to well-infromed decisions, enhancing the quality of outcomes
41
Q

list the 3 different alternative dispute resolution (ADR)

A
  1. mediation
  2. arbitration
  3. adjudication
42
Q

define mediation

A

private, non-adversarial process facilitated by a neutral third party

43
Q

goal of mediation

A

win/win outcome, promoting cooperation over competition

44
Q

role of mediators

A

mediators do not impose decisions, instead helping parties reach a mutually satisfactory agreement

45
Q

define arbitration

A

involved a third party who imposes a binding decision on the parties involved

46
Q

goal of arbitration (2)

A
  1. rights-based and adversarial process, similar to civil trials but conducted privately
  2. parties agree in advance to accept arbirator’s decision, formal resolution method
47
Q

define adjudication and give an example

A

public and formal method of conflict resolution (court system)

48
Q

goal of adjudication

A

results in a win/lose outcome, where the court imposes a decision that must be followed

49
Q

requirement of adjudication

A

disputes to be narrowed down to legally relevant facts and issues

50
Q

what does the canadian bar asssociation code of professional conduct outline?

A

specific behaviours and expectations for legal professionals, employing prohibitive langauge to maintain ethical standards

51
Q

what is the purpose of the canadian bar asssociation code of professional conduct?

A

a guideline for lawyers to navigate ethical dilemmas, upholding integrity

52
Q

what are the 3 aspects of the code for lawyers?

A
  1. as a representative of clients: must advice clients on their legal rights and responsibilities, advocate for their interests and negotiate effectively
  2. as an officer of the legal system: expected to act within the law, using legal procedures appropriately and maintaining the integrity of the justice system
  3. as a public citizen: duty to ensure access to justice for all, particularly the disadvantaged, and to contribute to legal reform
53
Q

list the 5 ethical norms when dealing with clients. define them.

A
  1. partisanship: must act in good faith and prioritize their clients’ interests while balancing public interest
  2. competence: legal services must be delivered diligently and efficiently, with lawyers only taking cases within their expertise
  3. loyalty: must place client interests above all else and disclose any conflicts of interest
  4. candor: open and honest communication with clients is essential, including clear advice on case merits and costs
  5. confidentiality: client information must be kept confidential, with exceptions only in specific circumstances
54
Q

what is the traditional role of lawyers?

A

“hired hand” in an adversarial system, tasked with representing their clients’ interests. they serve as intermediaries between the law and the public

55
Q

what must lawyers maintain during legal issues while advocating for their clients?

A

neutrality

56
Q

what is the role of the crown attorney?

A

represents the government and is responsible for ensuring due process in criminal cases

57
Q

when can crown attorneys proceed with charges?

A

only if there is substantial likelihood of conviction, balancing efficiency with justice

58
Q

what do discretionary powers allow crown attorneys do to?

A

to make decisions about charges, trial tactics, and plea bargains

59
Q

how many criminal charges are resolved through plea bargains rather than trials?

A

95%

60
Q

what do plea baragins involve?

A

defendants plead guilty in exchange for leniency, sacrificing their right to trial

61
Q

what is the plea bargain designed to avoid?

A

lengthy trials and reduce trauma for victims, but it raises ethical concerns about informed consent

62
Q

marxist theory in the law

A

legal representation is unequal, with wealthier clients receiving better service

63
Q

the lives of the rich ________ while the poor face ________.

A

often problem-free, systemic legal challenges

64
Q

for what is the legal system is critiqued?

A

for preserving the status quo, often favouring the wealthy over the disadvantaged

65
Q

what does the practice of law prevent?

A

meaningful social change that would benefit the poor while wasting energy, undermining efficiency and fails to involve citizens as democratic participants of change

66
Q

define lawyers as status quo and its effect

A

lawyers are seen as cutodians of the status quo often renouncing responsibility for the systemic issues they uphold. undermines the image of lawyers as independent and impartial advocates for justice

67
Q

role of regulatory bodies

A

provide guidelines and oversight to maintain ethical standards

68
Q

give an example of regulatory bodies

A

law society of upper canada (LSUC)

69
Q

what can the adversarial system do between lawyer-client relationship

A

create tension, impacting trust and communication

70
Q

define obstruction of justice

A

actions that impede, obstruct, interpose, hinder or defeat the legal process, such as misleading law enforcement

71
Q

obligations of defense attorneys

A

must disclose evidence if they are unaware of its contents, maintaining ethical standards

72
Q

mcjustice

A

the bureaucratic process by which principles of the fast-food industry are applied to other sectors of society. creating efficiency within the plea bargain process

73
Q

latitude argument

A

degree of flexibility or discretion that a court or legal authority has when interpreting laws, regulations, or legal principles

74
Q

judicial review

A

courts can invalidate laws or actions that are found to violate the constitution or exceed legal authority

75
Q

monopoly of the legal system

A

access to legal expertise is often limited to those who can afford it or who have the requisite knowledge, creating barriers for individuals seeking justice

76
Q

define torts

A

violation of civil statutes, private wrongs for which the iinjured individual may seek redress

77
Q

define criminal law

A

definition of crime, the prosecution and penal treatment of offenders

78
Q

define civil law

A

civil refers to legal systems whose development was greatly influenced y Roman law

LS 101 (1 decks)

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