Midterm 1: Concepts/terms Flashcards
What term describes the interconnected network of institutions and relationships that bind together a group of individuals, and is closely intertwined with the concept of ‘law’?
Society
Which act was responsible for patriating the Constitution of Canada?
Constitution Act, 1982
What term refers to a set of rules and regulations that govern a society?
The Law
What document was the first law to restrict the authority of the monarchy in England during the era of feudalism?
Magna Carta
Which document, issued in June 1215, was the first to articulate the principle that the king and his government were subject to the law?
Magna Carta
The practice in Canadian law where subsequent court cases and lower courts follow the decisions of previous and higher court decisions is referred to as?
Judicial Precedent
What type of court system is highlighted by its high degree of formality, allowance of television cameras based on openness to the public, and prohibition of jurors from disclosing proceedings?
Canada’s Court System
Which form of law is rooted in the British tradition of parliamentary supremacy?
Statue Law
The practice of judicial review in Canada followed the introduction of?
The Charter of Rights and Freedoms
What concept do the emphasizes on formal rules of conduct, the involvement of politics, balancing individual and collective interests, establishing social order, and limiting the arbitrary use of power align with?
The Law
A legal ethics seminar explores the ethical dilemmas faced by lawyers when advocating for clients whose interests conflict with broader societal concerns. What theory is being applied?
Legal Realism
In a complex corporate litigation case, attorneys argue that legal principles must adapt to contemporary business practices and global economic dynamics. What theory is being applied when considering these arguments?
Legal Realism
During a constitutional law seminar, students critically examine how the judiciary’s interpretation of constitutional provisions evolves over time in response to societal shifts and political pressures. What theory is being applied in this academic discussion?
Legal Realism
In a legislative hearing on criminal justice reform, lawmakers deliberate on proposals aimed at addressing systemic inequities within the legal system, particularly concerning marginalized communities. What theory is being applied in these policy discussions?
Legal Realism
What term refers to a source of law that is derived from customary practice?
A Custom
What term refers to authoritative texts on legal principles written by scholars?
Books of Authority
Which traditional theory of law is shaped by the concept of historical materialism?
Marxism
What act divided the colony of Quebec into two separate provinces: Upper Canada (present-day Ontario) and Lower Canada (present-day Quebec)?
The Constitution Act of 1791
What legislative measure in 1840 brought about the merger of Upper Canada and Lower Canada, forming the United Province of Canada?
The Act of Union of 1840
What legal theory posits the belief in universal, absolute laws that emanate from a divine source or exist independently, as exemplified by the principle that “an unjust law is no law at all”?
Natural Law
Which legal philosophy is reflected in the statement “Lex injusta non est lex” and is enshrined within the Canadian Charter of Rights and Freedoms, as well as international human rights law?
Natural Law
In a courtroom trial, the defense attorney argues that a particular statute is unjust and violates basic principles of morality and human dignity, urging the judge to consider higher moral principles in rendering a verdict; what legal theory is being invoked in this argument?
Natural Law
In discussions on legal philosophy, if participants analyze the ways in which power is intertwined with legal systems and critique the assumptions underlying traditional legal theories, what perspective are they likely adopting?
Critical legal theory
During debates about the role of law in society, if individuals emphasize the importance of considering the political, social, and economic context of legal norms and critique the idea of law as purely objective and neutral, what theory are they advocating?
Critical Legal Theory
In discussions on the evolution of legal thought, if scholars examine how critical legal theory emerged as a response to positivism and explore its influences from Marxist ideas, what perspective are they studying?
Critical legal theory
During a constitutional law class, if students analyze how constitutional interpretations may perpetuate existing power structures, what theory are they considering?
Critical legal theory
During a discussion on legal education, if participants advocate for curriculum reforms to incorporate critical perspectives on law and society, what perspective are they promoting?
Critical legal theory
In a seminar on legal philosophy, participants discuss the critique of traditional legal theories and emphasize the embeddedness of power within legal systems, what theory are they likely discussing?
Critical legal theory
In a mock trial exercise, if participants critique a proposed law for its failure to address underlying power imbalances in society, what theory are they applying?
Critical legal theory
During a discussion on the interpretation of statutes, if participants analyze how laws may reinforce existing social hierarchies, what theory are they considering?
Critical legal theory
In discussions on social theory, if participants analyze the role of law as a mechanism to uphold the interests of the capitalist class, what theory are they likely discussing?
Marxism
During debates on the relationship between law and economic systems, if scholars critique legal institutions for perpetuating inequalities inherent in capitalism, what perspective are they adopting?
Marxism
In discussions on legal philosophy, if participants explore different perspectives on the origins and functions of law, and one perspective emphasizes the instrumental role of law in safeguarding capitalist interests, what theory is being highlighted?
Marxism
During a panel on human rights, if speakers highlight how legal systems often fail to protect the economic rights of marginalized communities, what theory might inform their critique?
Marxism
In a workshop on housing rights, if advocates argue that legal systems prioritize property rights over the right to housing, what theory might inform their advocacy?
Marxism
What traditional theory of law views law as an institution of capitalism and an instrument to protect the economic elite class?
Marxism
A student of law has written a paper arguing that questions of law should not be concerned with morality. Rather, the student argues, the lawful thing to do is the right thing to do. Which theory of law best reflects the student’s argument?
Positivism
In Canada, the constitution’s horizontal diffusion of power refers to?
Executive, legislative, judicial
Which of the following is not a function of Canadian courts?
A)Dispensing justice
B)Dispute resolution
C)Enforcing the constitution
D)Creating legislation
D)Creating legislation
Which form of law is rooted in the British tradition of parliamentary supremacy?
Statute law
Which legislative act formed the legal basis of Canada by creating the ‘Dominion of Canada’?
The British North American Act, 1867
What type of Law does Criminal law fall under?
Public Law
Which of the following is an example of Public Law?
Criminal Law
What theory of law views law as a human construct, emphasizing its existence as it is rather than how it should be?
Legal Positivism
What is the term used in the study of law to refer to decisions from earlier recorded cases?
Precedent
Under which form of law do categories such as Contract law, Family law, and Tort law fall?
Private Law
What term describes a political system characterized by multiple levels of government, each possessing a degree of autonomy and defined jurisdiction?
Feudalism
What term describes the set of supreme laws, legal system, and political society within a country?
The Constitution
In discussions on legal philosophy, if participants emphasize the importance of considering laws based on their formal enactment by the state rather than their moral or ethical content, what theory are they likely discussing?
Legal Positivism
What legal term refers to an individual who has been harmed by the actions of another and commences a lawsuit to redress the wrong, usually by seeking award of damages?
The Plaintiff
What term refers to the ancient legal systems dating back over 4,000 years, including the legal codes of Hammurabi, Confucius’ teachings, and legal principles derived from Mohammad’s teachings?
An Early History of Law
Which branch of government is responsible for interpreting laws and resolving disputes?
Judicial Branch
Which branch of government is tasked with implementing and enforcing laws?
Executive Branch
Which branch of government is responsible for making laws and policies?
Legislative Branch
What term describes the body of law established by judicial decisions, which involves the application of judicial precedents and contributes to the development of legal principles over time?
Case Law
What legal term emphazises on the law established by judicial decisions?
Case Law
In legal research, what type of sources serve as supplementary materials to provide additional context and analysis for interpreting legal principles derived from primary sources?
Subsidiary sources
What term refers to the primary or authoritative sources of law that establish legal rules and principles, such as constitutions, statutes, treaties, and judicial decisions from higher courts?
Principle Sources
What term is used to describe the responsibility for a legal obligation?
Liability
In which case did the Ontario Court of Appeal rule that the injury was not reasonably foreseeable, thus dismissing the claim?
Mustapha v. Culligan of Canada Ltd
What case involved a plaintiff who found a dead fly in an unopened bottle of water, leading to psychiatric harm including phobias and anxiety?
Mustapha v. Culligan of Canada Ltd
Which legal case dealt with a dispute over a woman’s stroke allegedly caused by a pharmaceutical drug?
Buchan v. Ortho Pharmaceutical (Canada) Ltd
In which case did the trial judge rule in favor of the woman, establishing a duty of care regarding the dangers associated with pharmaceutical medications?
Buchan v. Ortho Pharmaceutical (Canada) Ltd
In which case did the court dismiss the plaintiff’s claim, stating that Bauer had met the duty of care and standard of care required for the product?
More v. Bauer Nike Hockey Inc. (2011)
Which legal case involved a dispute over whether the hockey helmet manufactured by Bauer Nike Hockey Inc. met the standard of care?
More v. Bauer Nike Hockey Inc. (2011)
What legal term refers to a law that is established by previous judicial decisions?
Case Law
What type of law is concerned with legal disputes between individuals which can extend within family matters or property rights?
Private Law
What type of law is concerned with the interest of the Public?
Public Law
Under which main type of law do categories like Constitutional law, criminal law, and taxation law fall or are associated with?
Public Law
An term that describes a source of law derived from customary practice is known as?
Custom
Under which main type of law do categories like Tort law, family law, contracts, property law fall or are associated with?
Public Law
Which type of Canadian law governs the rules and procedures of the legal system, including aspects like sentencing?
a) Public law
b) Private law
c) Substantive law
d) Procedural law
Answer: d) Procedural law
Which form of law in Canada is created by Legislature and involves decisions made by parliament and provincial and territorial legislatures?
a) Public law
b) Private law
c) Substantive law
d) Statutory law.
Answer: d) Statutory law.
Which of the following best describes a form of law that governs society and dictates what actions are permissible or impermissible?
a) Public law
b) Private law
c) Substantive law
d) Procedural law
c) Substantive law
What division of The Federal Court of Canada hears appeals from the trial division and the federal administrative boards and tribunals?
Appeal Divison
What division of The Federal Court of Canada hears appeals from the trial division and the federal administrative boards and tribunals?
a) Appeal Division
b) Trial Division
c) Administrative Division
d) Superior Division
a) Appeal Division
What types of disputes does the Trial Division of The Federal Court of Canada primarily handle?
a) Criminal disputes
b) Civil disputes arising from federal government actions
c) Provincial disputes
d) Family law disputes
b) Civil disputes arising from federal government actions
Which division of The Federal Court of Canada primarily handles civil disputes arising from federal government actions, federal-provincial disputes, intellectual property disputes, citizenship/immigration, refugee law, maritime law, and class proceedings?
a) Appeal Division
b) Administrative Division
c) Trial Division
d) Supreme Division
c) Trial Division
What is the name of the court known as Canada’s final court of appeal, which hears appeals from the Federal Court of Appeal, addresses constitutional questions, and hears appeals from the provincial and territorial courts of appeal?
a) Federal Court of Canada
b) Provincial Court of Canada
c) Superior Court of Canada
d) Supreme Court of Canada
d) Supreme Court of Canada
Which type of Canadian law governs society and includes areas like criminal law?
a) Public law
b) Private law
c) Substantive law
d) Procedural law
Answer: c) Substantive law
Which type of Canadian law deals with legal disputes between individuals and encompasses areas like tort law, family law, and contracts?
a) Public law
b) Private law
c) Substantive law
d) Procedural law
Answer: b) Private law
True or False is Private law also Criminal law?
False, private law and criminal law are distinct branches of law, with private law focusing on civil disputes between parties and criminal law addressing offenses against the public order and safety. Therefore, the statement “Private law also includes criminal law” is false.
True or False is Public law also Criminal law?
Yes, Public law is Criminal law because it addresses offenses against public order and public safety.
In tort law, what is liability?
a) The responsibility for a legal obligation
b) The proof of guilt beyond a reasonable doubt
c) The intentional infliction of harm
d) The defense against a civil lawsuit
a) The responsibility for a legal obligation
What term refers to a private wrong against an individual, corporation or body of government?
Torts
What is the primary purpose of tort law?
a) To regulate business transactions
b) To remedy private wrongs through compensation
c) To establish property rights
d) To enforce criminal statutes
b) To remedy private wrongs through compensation
What form of law is aiming to remedy private wrongs through compensation?
Tort Law
What is the term used to describe an individual who is not expected to act negligently in certain circumstances?
Reasonable person
What term refers to a legal obligation in a specific context?
Duty of care
What is the term used to describe the link between the defendant’s actions or omissions and the plaintiff’s harm or injury?
Causation
What is the term used to determine if a specific harm suffered by an individual could have been reasonably anticipated or forseeable?
Remoteness
What type of tort refers to the failure of an individual or organization to meet a standard of reasonable care, resulting in the injury of someone?
Negligent Tort
What type of tort refers to a situation or circumstance that can occur as a result of intentional physical or mental harm to someone?
Intentional Tort
What Supreme court in _____ addresses constitutional questions, hears appeals from the Federal Court of Appeal, and hears appeals from the provincial and territorial appeals?
A) The Court of Appeals
B) The Superior Court
C) The Supreme Court of Canada
D) The Federal Court of Appeal
C) The Supreme Court of Canada
In the context of criminal law, what term describes an evil mind or wrongful intention?
Mens rea
In the context of criminal law, what term is used to describe evil or wrongful action?
Actus reus
Within the study of criminal law, what term is used to describe an evil or wrongful act?
A) Mens rea
B) Actus reus
C) Corpus delicti
D) Res ipsa loquitur
B) Actus reus
Within the study of criminal law, what term is used to describe an evil or wrongful state of mind or intention?
A) Actus reus
B) Mens rea
C) Corpus delicti
D) Res ipsa loquitur
B) Mens rea
Which section of the Criminal Code addresses mens rea concerning parties to an offense?
A) Section 21
B) Section 10
C) Section 30
D) Section 50
A) Section 21
What does subjective intention focus on in assessing mens rea?
A) The accused’s actions
B) The reasonable person’s perception
C) The accused’s actual mindset
D) The victim’s understanding
C) The accused’s actual mindset
What does objective intention focus on in assessing mens rea?
A) The accused’s personal beliefs
B) The reasonable person’s perception or take
C) The accused’s specific motivations
D) The subjective mindset of the victim
B) The reasonable person’s perception or take
What is the term used to refer to an individual or person who has the legal recognition to practice law?
A) Lawyer
B) Judge
C) Litigator
D) Legal Consultant
A) Lawyer
What is the term used to refer to an individual or person who has the legal recognition to practice law?
Lawyer
According to the Canadian Federation of Law Societies of Canada how many lawyers are currently practicing?
A) 136, 600
B) 234, 456
C) 123, 456
D) 12, 345
A) 136, 600
What was the academic study of law designed to Supplement ________________.?
Apprenticeship = (Articling)
What is the term within law school that refers to a law student’s period of apprenticeship under supervision of a licensed lawyer(s)?
Articiling
What degree do successful law students receive upon graduation?
a) Juris Doctor (JD)
b) Bachelor of Laws (LLB)
c) Master of Laws (LLM)
d) Doctor of Philosophy in Law (PhD)
a) Juris Doctor (JD)
Which approach to statutory interpretation involves modifying the ordinary meaning of words to avoid an absurd result?
a) British tradition
b) European/US version
c) Golden rule
d) Mischief rule
c) Golden rule
According to the rules and principles for statutory interpretation, which approach involves considering the ordinary and natural meaning of words?
a) British tradition
b) European/US version
c) Plain meaning rule
d) Mischief rule
c) Plain meaning rule
What grammatical principle involves interpreting statutes by defining terms in relation to other similar concepts?
a) Exclusive terminology
b) Combining similar kinds
c) Defining in relation to similar concepts
d) Mischief rule
c) Defining in relation to similar concepts
Which of the following approaches are judges expected to use when interpreting ambiguous legislative statutes?
a) Solely rely on the wording schemes
b) Consider only the object of the act
c) Consider only the intent of the act
d) Interpret based on the wording schemes, object of the act, and intent of the act
d) Interpret based on the wording schemes, object of the act, and intent of the act
Which tradition does statutory interpretation generally follow?
a) French tradition
b) British tradition
c) German tradition
d) Chinese tradition
b) British tradition
What do statutes often include to reduce statutory interpretation?
a) Case studies
b) Definition sections
c) Explanatory notes
d) Legal precedents
b) Definition sections
Which rule involves interpreting statutes based on their ordinary and natural meaning?
a) Plain meaning rule
b) Golden rule
c) Mischief rule
d) Exclusive terminology rule
a) Plain meaning rule
Which rule allows courts to modify the ordinary meaning of words if adherence to that meaning would lead to an absurd result?
a) Plain meaning rule
b) Golden rule
c) Mischief rule
d) Exclusive terminology rule
b) Golden rule
In the study of law, Legislative history and case law is used to determine?
Legislative Intent
What term is used to characterize a more active judicial interpretation of legislation?
a) Legislative activism
b) Judicial restraint
c) Statutory interpretation
d) Judicial activism
d) Judicial activism
In Criminal Law, What are the 3 categories of crime when analyzing it?
1) Offences against persons;
2) Offences against property;
3) Offences deemed wrong in and of themselves;
In Criminal Law, what are the three categories of crime when analyzing it?
a) Felonies, misdemeanors, infractions
b) Civil crimes, torts, contractual violations
c) Offences against persons, offences against property, offences deemed wrong in and of themselves
d) Administrative offences, regulatory offences, civil infractions
1) Offences against persons;
2) Offences against property;
3) Offences deemed wrong in and of themselves;
What term describes when someone either intentionally or unintentionally commits murder?
a) Culpable negligence
b) Voluntary manslaughter
c) Culpable homicide
d) Reckless endangerment
c) Culpable homicide
What aspect of the Brentwood case was primarily considered, given that the individual did not possess the culpable “evil mind/intention” required for murder?
a) Actus reus
b) Mens rea
c) Culpable homicide
d) Automatism
a) Actus reus
Which profession within the field of law entails tasks such as providing legal representation, prosecuting and defending suspected offenders, establishing legal arguments, offering legal advice, acting as trustees, conducting legal research, drafting legal documents, advocacy, and negotiating and drafting contracts on a daily basis?
a) Judge
b) Paralegal
c) Lawyer
d) Legal assistant
c) Lawyer
What is the national association of Canada’s provincial legal societies?
a) Canadian Bar Association
b) Federation of Law Societies of Canada
c) Law Society of Canada
d) Canadian Legal Association
b) Federation of Law Societies of Canada
Which Canadian legal association is known for regulating Canada’s legal profession, sharing information across law societies, and facilitating national collaboration?
a) Canadian Bar Association
b) Federation of Law Societies of Canada
c) Law Society of Canada
d) Canadian Legal Association
b) Federation of Law Societies of Canada
What term refers to the legal responsibility or obligation in a specific situation, such as providing proper medical treatment or producing safe products?
a) Mens rea
b) Actus reus
c) Duty of care
d) Causation
c) Duty of care
