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