Part B

Question 1

Law

Answer 1

A set of statutes that individuals within a society are governed by and are compelled to follow.

Question 2

Jurisprudence

Answer 2

Knowledge or skill in the law, it is the science that deals with the investigation of concepts, notions, and principles of legal thought.

Question 3

Natural Law

Answer 3

Theory that law has some higher or divine origin, a set of ideals enduring and inflexible rules of conduct, never changing.

Question 4

Positive Law

Answer 4

In which human authority has its origin. (unconcerned about the ideology of God, simply what human kind deems best). One’s individual morality should not be a factor when considering if law is just or unjust.

Question 5

Right Acts

Answer 5

are simply those that are in accordance with the natural law, striving to follow natural laws through the course of actions are right acts.

Question 6

Positivism

Answer 6

Different approach to law, belief that law originates only from humans. The only human morality is the obedience to the law, not following law = immoral.

Question 7

Ratio Decidendi

Answer 7

“Reason to decide”
The comparing and contrasting of cases and their facts to apply a legal precedence

Question 8

Civil Case

Answer 8

small claims cases, such as: contracts, assault, slander, etc. Breach of common or statute law, remedy is punishment, and parties are called plaintiff vs. defendant.

Question 9

Criminal Case

Answer 9

Provincial or Supreme Court, such as: homicide, breach of federal statues, and parties are called Crown vs. defendant. remedy is punishment

Question 10

Sovereignty

Answer 10

The principle upon which a nation or ruling body comes to exercise supreme political authority, jurisdiction or power, over the affairs of the state. The concept of sovereignty is considered the root of national independence.

Question 11

Internal Sovereignty

Answer 11

identifying the ultimate source of supreme power and authority within a nation. To resolve disputes on matters of internal sovereignty (inside the country) supreme judicial courts refer to the constitution.

Question 12

External Sovereignty

Answer 12

is the idea that a nation is an autonomous (independent) political, social, and cultural entity. (free to not be interfered with by other countries, are able to do whatever they want) as a legal entity that state claims to have rights, obligations, and authority with respect to other nation states.

Question 13

Substantive Justice

Answer 13

Substantive justice refers to the fairness of the criteria upon which laws are based, ensuring that the content of the law aligns with a superior standard of justice. It applies to both positive and natural law, where laws must be consistent with societal values and ideals. Unjust laws are those that fail to reflect the values a community uses to define justice. In positive law theory, justice is defined by what the government deems just.

Question 14

Procedural Justice

Answer 14

Procedural justice focuses on the fairness of the processes and procedures used to administer the law. It emphasizes applying legal principles properly rather than the content of the laws themselves. Justice, in this context, involves ensuring all parties are given a fair and complete hearing. An example is that a judge cannot override a jury’s verdict, highlighting that justice includes both the correct decision and the fairness of the process.

Question 15

Statues

Answer 15

Law passed by the government

Question 16

Philosophy

Answer 16

The process of critical inquiry into the process of a particular branch of knowledge through the use of logic and reason.

Question 17

Theocracy

Answer 17

A form of government where the law of the state is the law of god.