Short Answers

Question 1

Law as a legal concept

Answer 1

• Law is associated with abstract qualities of justice. legitimacy, equality and morality
• Law is either just unjust, fair or unfair
• Law is seen as illegitimate when it fails to relate to one of these concepts. Therefore, laws are valued based on their qualities rather than the purpose they were meant to achieve.

Question 2

law as a legal system

Answer 2

• Law is a set of agencies, institutions, and procedures that perform a specific function in society
• The police = law enforcement
• Courts = judicial system
• jail/ prison = penal system

Question 3

law as a set of rules

Answer 3

• Laws (statutes) that are enacted by the governing authority that outline our rights and obligations
• They reflect the values, ideals, and purposes of the state. Therefore, laws may be used to restrain activities that run contrary to the ideals of the state
• examples) the charter of rights and freedoms, criminal code, YCJA (youth criminal justice act)

Question 4

law as an instrument for society

Answer 4

• Law reflects the collective goals and values of society
• Law protects our political rights and freedoms that act as this instrument of society

Question 5

law as a mechanism for resolving disputes

Answer 5

• Law doesn’t allow for vigilante justice
• Courts are guided by laws and are used to settle human conflicts

Question 6

law protects our person, property, and rights

Answer 6

• Laws are useless unless there exists a mechanism for their enforcement
• Police forces ensure public safety and protection of property

Question 7

law provides order in society

Answer 7

Law creates stability and predictability in society with regards to our economic, social, and political relationships

Question 8

Jurisprudence

Answer 8

Being wise/ knowledgeable in the law. The science of the law that deals with the investigation of concepts, notions and principles of legal thought.
- uses the socratic method to raise questions about the law
- Through legal philosophy we learn not only what to think but how to think about the law

Question 9

internal sovereignty

Answer 9

• To resolve disputes on matters of internal sovereignty, supreme judicial courts refer to the constitution.
• The constitution provides a legal mechanism that outlines the limits of power to be exercised by the government.
• It also protects the rights of the individual through the rule of law. Therefore, neither the state nor the individual is superior to the law

Question 10

external soevereignty

Answer 10

• As a legal entity the state claims to have rights obligations and authority with respect to other nations
• When conflicts arise within a state, domestic laws and a system of courts become involved. Conflicts with other states are not easily resolved.
• There is no supreme legal authority to intervene. Therefore, international laws are often contingent upon the goodwill of the foreign states involved

Question 11

advantages and disadvantages of adversarial system

Answer 11

Advantages
- results are more acceptable because of control given to parties
- The judges ability to be impartial
- parties are motivated to arrive at the truth

Disadvantages
- Encourages deceit and concealment of facts which can hinder arriving at truth
- parties might not be equal in ability to present their case
- It is inconsistent with the way humans go about seeking truth in everyday life

Question 12

inquisitorial system

Answer 12

In the civil law system the style of adjudication is known as the inquisitorial system - under this system the judge is responsible along with the parties for searching out evidence and examining witnesses

Question 13

Limitations to rights and freedom can be justified so long as these limitations are “demonstrably justified”. Explain

Answer 13

If the government is trying to limit your rights, they have to have a good reason. In a democratic society we do not have absolute freedom of speech according to this. This sets the tone for the rest of the charter. We have all the freedom but there are limits.

Question 14

pros and cons of entrenched charter

Answer 14

Negative:
- Concerns were raised that the charter would transfer ultimate legal authority from the legislature to the judiciary
- Therefore control of law would change from elected officials to appointed jurists who were unanswerable for their decisions

Positive:
- Others argued that the judiciary provided an effective counterbalance to the legislative branch of government
- This means all rights and freedoms enshrined in the charter cannot be easily taken away by parliament

Question 15

4 purposes of sentencing

Answer 15

1. punishment
2. deterrence
3. protection
4. rehabilitation

Question 16

adversarial system

Answer 16

an attempt to determine truth by the confrontation of the accused and prosecution, both represented by attorneys.
- based on the assumption that the search for truth is best served by the parties themselves and not through a judge
- Lawyers determine the issues in dispute and how they will be argued, therefore the judge plays a relatively passive role

Question 17

punishment

Answer 17

used to exercise the appropriate degree of social condemnation of criminal behavior. Also a form of retribution.

Question 18

protection of the public

Answer 18

although it is listed separately among the sentencing criteria, this should be a paramount concern of the court.

Question 19

deterrance

Answer 19

• the purpose of discouraging persons from committing a crime. Acts as a functional criterion.
• Should discourage both convicted offenders from repeating their behavior and other like minded individuals from committing the same or similar crimes. sentences should cause individuals to reflect on the consequences of their acts. Courts aim to achieve a general deterrence, especially in crimes of violence.

Question 20

rehabilitation

Answer 20

restoring a criminal to a useful life.
- Most psychologists and criminologists believe it is possible for criminals to be reformed, however, since the 1950s high rates of recidivism have suggested rehabilitative programs have been largely ineffectual.
- In 1987 the Canadian sentencing commission proposed several principles that the court should take into consideration.