Part 1 Flashcards
Innovations and inventions cause this change
technological changes
change in birth and death rates
demographical changes
change in societal behaviors ( drinking and driving laws)
change in values
response to a national emergency (War Measures Act)
national emergencies
what are the three conditions for laws to change
respect the rule of law, democratic government, and justice system needs to be independent of other branches of gov
morgentaler
abortion
rodriguez
assisted suicide
Tommy Douglas
intro to medicine
sauve
prisoners right to vote
vriend
same-sex rights
a lot of people trying to influence legislators on behalf of a particular cause of interest - Most effective
Lobby Groups
board of inquiry appointed by the gov to investigate and report on particular issues. Calls public meetings, gathers testimony
Royal Commissions
produce scholarly books or articles on a particular issue to change the law
( battered women syndrome)
legal scholarship
partake in political demonstrations as a right under section 2 freedom of peaceful assembly.
political demonstration
what is this primary source of law: Jedeo-Christian heritage/ 10 commandments
religion and morality
what is the primary source: greek, Roman, British, french?
historical influences
who created trial by jury
greek
who created coded laws/laws of 10 tables?
Romans
who created trial by ordeal/Magna Carta
British
who created civil laws and the Napoleonic code?
French
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.
influence of customs, and conventions
what is this primary source of law: social movements, laws that dealt with the environment at the time
influence of social and political philosophy
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
Constitution law
what is this secondary source of law?: any law passed by the fed or pro gov
statue law
what is this secondary source of law: a judge’s decision/contributions to case law, must follow case precedent.
case law
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
substantive
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
procedural
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)
domestic
what are the three types of public law?
constitutional, administrative, criminal
what are the 5 types of private law?
family, contract, tort, estate, property
philosophical interpretations of the meaning and nature of law.
Jurisprudence
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)
Socrates and Plato
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.
aristotle
Natural law: The validity of law is based on its moral content or justness.
aquinas
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.
hobbes
All people have natural rights given to them by birth from God. The most fundamental rights are life, liberty, and property.
locke
Utilitarianism- the greatest good for the greatest number of people. The purpose of law is to maintain social order and the social good.
Bentham
