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semeter 4 > Rule of law mid-term > Flashcards

Rule of law mid-term Flashcards

1
Q

Canadian political structure:
1. relevance to the criminal justice system (CJS)

A
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2
Q

Canadian political structure:
2. Democracy

A
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3
Q

Canadian political structure:
2. Democracy
- Political pluralism
-Transparency
-Popular participation
-Rule of law
-Accountability

A

-center of power independent from government
-Info available on gov. activity
-citizens vote + run for office
-Set of laws known by all and applies to all
-responsibility to citizens and state intuitions (courts)

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4
Q
  1. Democracy
    Rule of law:
A
  • set of laws applies to everyone
    -constitution: key document part of law in Canada
    it limits gorv. power, grant rights citizens
    relies on a judiciary
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5
Q
  1. Democracy
    Accountability:
A

-ability to check + charge gov.

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6
Q

Canadian political structure:
3.Parliamentary system.
origins + separation of powers

A

Western origins
separation of powers
- Executive (prime minister…)
- Legislative (write the laws)
- Judiciary (courts)

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7
Q

3 levels of courts:
From more to less power

A

1.supreme courts of canada
2. Appeal court QC
3. Municipal courts

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8
Q

Canadian political structure:
4. Level of government (power distribution)

A

-Federal
-provincial
-municipal

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9
Q

state:

A

-key institution in politics +enacts laws
-keep boarders safe
-keep monopoly of violence
- has gov. + establishes courts

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9
Q

Canadian political structure:
5. Multicultural state

A

Recognition of all cultures in Canada

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10
Q

types of justice (3):

A
  1. Justice as welfare
  2. Justice justcie of freedom
  3. Justice as virtue
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11
Q

types of justice:
-justice as welfare (utilitarian)
what welfare +utility = measure

A

welfare= prosperity/ utility
utility is a mesure of Well-being

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12
Q

types of justice:
-justice as welfare (utilitarian)
school of utilitarian ()

A
  • maximize pleasure + minimize pain
    -Consequentialist (care about end results not how you got there)
  • Principle of utility: greatest happiness for greatest number of people
    -Quatification
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13
Q

types of justice:
Justice of freedom what it is + 3 schools

A

Fundamental right to freedom
respect of freedom is paramount
1.School of livertarians
2. School of john Rawls
3. School of Emmanuel Kant

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14
Q

types of justice:
Justice of freedom
school of libertarians (3)

A
  1. minimum state intervention
  2. self-ownership - no notion of equality
  3. Free market
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15
Q

types of justice:
Justice of freedom
School of Rawl (4)

A
  1. Fair opportunity
  2. Freedom
  3. Protection of minorities
  4. egalitarian
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16
Q

types of justice:
Justice of freedom
School of Kant (3)

A
  1. Truth = categorical imperative
  2. Not let circumstances change mind
  3. universal human rights
17
Q

types of justice:
Justice as virtue (2)
aristotle

A
  1. encourage desireable values to live a good life.
    teleological : what is the purpose of things like grades?
18
Q

Fondations:
-rule of law (4 aspects)
necessaryfor what?
timely?
unrestricted power
known?

A

1.law necessary to keep peaceful order
2. known and applied to all equally
4. justice delivered timely + independently
5 no one have unrestricted power= protect minorities rights

19
Q

Fondations:
-history
1. english magna 1
2. glorious revolution 2
3.Canadian constitution 3

A
  1. 1215 - origin rule of law
    - no one above the law
  2. established parliament as ruling power+ bill of power
  3. primary law of Canada, guarantees rights
20
Q

Fondations:
-the law (5)
fondations what?
balance…
prevent…
carry out..
protect

A
  1. Foundational to enact key values (rule of law, freedom, democratic principles…)
  2. Balance rights + responsibilities (freedom speech/movement,voting…)
  3. Prevent arbitrariness + chaos (settle disputes, safety and peace…)
    4.Carry out social policy (code du travail, unemployment benefits…)
    5.Protect individuals freedom + equality
21
Q

The law:
Historical developments:
(4)

A
  1. code of hammurabi
  2. Mosaic law
  3. Greek law
  4. Roman law
22
Q

The law:
Historical developments:
- code of hammurabi (3)

A

-codified of stones
-retributive sentences: punishment rather than reparation
-inequality btw individuals

23
Q

The law:
Historical developments:
Mosaic law (2)

A

-10 commandments
-restitutive sentences: idea of paying back to victim/restoring

24
Q

The law:
Historical developments:
Greek law (1)

A

-Intro of jury to determine guilt/innocence

25
Q

The law:
Historical developments:
Roman law (3)

A
  • Jurisprudence: law/decisions recorded for consistency
  • teams of judges
    -apperance legal experts (lawyers)
26
Q

Legal traditions:
-Bijural country

A

under 2 different systems during history

27
Q

Legal traditions:
-Common law (4)
made by…
(jurisprudence)
hierarchy
crimcrim

A

1.judge-made laws
2.state decisis: future decisions based on precedents decision (jurisprudence)
3.hierarchy of courts: higher courts ruling carry more weights
4. criminal law Canada= common law

28
Q

Legal traditions:
-Civil law (2)
…laws
first, second

A
  1. Written laws
  2. Civils codes first, then jurisprudence
29
Q

Types of laws:
2

A

public
private

30
Q

Types of law
-Public
1. Constitution law (2)

A

-relation btw branches of gov.
-limits gov. power (chart of rights…)

31
Q

Types of laws:
-definition
-Public (3)

A
  • set of rules for relationships btw individual + society.
    1. constitution law
    2. criminal law
    3. Administrative law
32
Q

Types of law
-Public
2. Criminal law (2)

A

-crime is understood as wrong against society
-deal with crimes+punishments

33
Q

Types of law
-Public
3. Administrative law (1)

A

-deals with actions/operation of government (taxes, permits…)

34
Q

Types of law
-Private (2)
also called civil law

A
  1. sets rules of conduct btw persons (family law, property law, contract law…)
  2. settles disputes btw individuals
35
Q

Criminal law:
Functions (4)

A

1.mechanism of social control
2. Determines acceptable behaviour (norm settings)
3. Reducing risk of personal retaliation :take justice their own hands
4. deterrence :discouraging people from committing crimes

36
Q

Criminal law:
Principles (2)

A
  1. presumption of innocence
  2. components of crime
    -actus reus
    -mens rea
    concurrence
37
Q

Criminal law:
Components of a crime
-Actus reus (4)
posc

A

-Physical act
-omission to act
-state of being: in your possession (like possessing drugs)
-circumstances important

38
Q

Criminal law:
Components of a crime
-Mens Rea (4)

A

-necessary state of mind
1. intentional
2. wilful blindness (blindfulling yourself)
3. criminal negligence (what reasonable person should have known)
4.reckless behavior (when person know its dangerous, does it anyway)

39
Q

Criminal law:
Components of a crime
-concurrence

A

need for both mens rea and actus reus to be present for a crime to be considered

40
Q

Criminal law:
Burden of proof (3)

A

-The crown must prove the accused guilty beyond reasonable doubt
-defence raises doubts
-balance of probabilities

semeter 4 (6 decks)

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