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law exam review > Part 1 > Flashcards

Part 1 Flashcards

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1
Q

Innovations and inventions cause this change

A

technological changes

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2
Q

change in birth and death rates

A

demographical changes

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3
Q

change in societal behaviors ( drinking and driving laws)

A

change in values

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4
Q

response to a national emergency (War Measures Act)

A

national emergencies

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5
Q

what are the three conditions for laws to change

A

respect the rule of law, democratic government, and justice system needs to be independent of other branches of gov

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6
Q

morgentaler

A

abortion

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7
Q

rodriguez

A

assisted suicide

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8
Q

Tommy Douglas

A

intro to medicine

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9
Q

sauve

A

prisoners right to vote

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10
Q

vriend

A

same-sex rights

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11
Q

a lot of people trying to influence legislators on behalf of a particular cause of interest - Most effective

A

Lobby Groups

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12
Q

board of inquiry appointed by the gov to investigate and report on particular issues. Calls public meetings, gathers testimony

A

Royal Commissions

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13
Q

produce scholarly books or articles on a particular issue to change the law
( battered women syndrome)

A

legal scholarship

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14
Q

partake in political demonstrations as a right under section 2 freedom of peaceful assembly.

A

political demonstration

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15
Q

what is this primary source of law: Jedeo-Christian heritage/ 10 commandments

A

religion and morality

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16
Q

what is the primary source: greek, Roman, British, french?

A

historical influences

17
Q

who created trial by jury

A

greek

18
Q

who created coded laws/laws of 10 tables?

A

Romans

19
Q

who created trial by ordeal/Magna Carta

A

British

20
Q

who created civil laws and the Napoleonic code?

A

French

21
Q

what is this primary source of law: long-established ways of doing things that over time acquired the force of law, a way of doing something accepted for so long it is an unwritten rule.

A

influence of customs, and conventions

22
Q

what is this primary source of law: social movements, laws that dealt with the environment at the time

A

influence of social and political philosophy

23
Q

what is this secondary source of law?: the body of law that deals with the distribution of government powers and sets out certain important legal principles, contains content from the BNA act

A

Constitution law

24
Q

what is this secondary source of law?: any law passed by the fed or pro gov

A

statue law

25
Q

what is this secondary source of law: a judge’s decision/contributions to case law, must follow case precedent.

A

case law

26
Q

what is this type of law, it law that identifies the rights and duties of a person or level of government Laws that define crimes within the Canadian Criminal Code

A

substantive

27
Q

what kind of law is this, law that outlines the methods or procedures that must be followed in enforcing substantive laws How arrests and trials must be conducted

A

procedural

28
Q

what kind of law is this, A law that governs activities within a particular country( Ex…The Firearms Act has no application outside of Canada)

A

domestic

29
Q

what are the three types of public law?

A

constitutional, administrative, criminal

30
Q

what are the 5 types of private law?

A

family, contract, tort, estate, property

31
Q

philosophical interpretations of the meaning and nature of law.

A

Jurisprudence

32
Q

natural law: the purpose of the law is to serve as a moral guide on how to live a good life, law is just ( civil disobedience)

A

Socrates and Plato

33
Q

natural law: Law is derived from Nature and is inherent in all things animate and inanimate. produce human happiness. human reason guided by observation. This is called rationalism.

A

aristotle

34
Q

Natural law: The validity of law is based on its moral content or justness.

A

aquinas

35
Q

positive law: The state of nature is a state of perpetual war where the strong prey on the weak. In the state of nature, life is solitary, poor, nasty, brutish, and short. In order to survive, people must give up their rights to the state.

A

hobbes

36
Q

All people have natural rights given to them by birth from God. The most fundamental rights are life, liberty, and property.

A

locke

37
Q

Utilitarianism- the greatest good for the greatest number of people. The purpose of law is to maintain social order and the social good.

A

Bentham

law exam review (2 decks)

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