Terms Flashcards
Intra Vires
Within jurisdiction.
Ultra Vires
Not within jurisdiction.
Jurisdiction
One who has the authority to assert power.
Sovereignty
The right to govern and create laws within an area.
Sovereign-less
Nobody is there to create laws/ Nobody owns that area.
Precedent Stare Decisis
A way to judge a case based on previous cases that were similar to make law more consistent. If there is bas precedent they attempt to get around it, if there is no precedent than that lawyer will make history.
Rule of Law
The notion that might is not always right and that nobody is above the law and that we are all equal in the eyes of the law.
Lobbying
Groups that hang out in the “lobby” of parliament in attempts to influence law makers to see the views and interests of their particular group.
Example: Weed activists
Restorative Justice
A system of criminal justice that focuses on the rehabilitation of offenders through reconciliation with victims and the community.
Example: Rehabilitation programs
Sentencing Circles
In aboriginal culture people come together within a community to decide on a punishment for someone.
Opening Custody
Youth: Stay in a group home etc.
Adult: Less secure facility (Group home) for non-violent offenders.
Intermittent Custody
Prison term served on weekends or on specified days.
Plaintiff
A person who brings a case against another in a court of law.
Defendant
An individual, company, or institution sued or accused in a court of law.
Accused
A person who is blamed for a wrongdoing.
Balanced of Probabilities
Oakes Test.
The Oakes Test/Section 1
Used in the Charter of Rights in Freedoms to balance the rights of the individual against the rights of society.
Section 92
Gives provinces jurisdiction over specific things like education and healthcare.
Supreme Court
The final court of appeal in Canada created in 1875. It represents the 5 major regions in Canada. The are nominated by the PM and appointed by the GG. Used to be Beverley McLachlin now Robert Wagner.
Ontario Human Rights Code
Provides protection from discrimination in the following areas:
- Services, goods, facilities- Including schools, hospitals, shops etc.
- Occupancy of Accommodation- The place where you live or rent
- Contracts- Written or oral
- Employment- Including advertisements, application forms, work assignments, training and promotions, access
- Membership to vocational or trade uniforms
- Sexual harassment
- Poisoned environments
- Systemic Discrimination (Always been done this way so don’t change it)
Universal Declaration of Human Rights
a universal declaration with 30 articles that are applicable to the freedom of everyone around the world.
Charter of Rights and Freedoms (7 Sections)
1) Fundamental Freedoms
2) Democratic Rights
3) Mobility Rights
4) Legal Rights
5) Equality Rights
6) Official Languages of Canada
7) Minority Language Educational Rights
Segregation
The separation of black people from the whites.
Jim Crow
A black character Thomas Dartmouth used to play on stage that acted in a derogatory way.
Inquisitorial
Using questioning to derive at the truth through investigation.
Adversarial
Two opposing forces fighting each other; there must be a winner.
Substative Law
Defines how the facts in the case are handled and how the crime will be charged. (Paperwork)
Procedural Law
The process that a case goes through (Going to trial or not). (Actual Laws).
Code Civil De Quebec
Napoleonic Code of France.
NATO
North Atlantic Treaty Organization
A major contributor to the international peace and security and cornerstone of Canadian Defence and Security.
NAFTA
North American Free Trade Agreement
Increases investment opportunities and eliminated trade barriers between Canada, the USA and, Mexico.
NORAD
North American Aerospace Defence Command
Created by Canada and the US to monitor and defend North American airspace. Surveillance located in collarado.
Natural Law
A type of law that believes law is rooted from a divine source.
Positive Law
A type of law that believes laws are made by man.
The Hague
.
Charlottetown Accord
Package Included:
1) Distinct society for Quebec
2) Aboriginal self government
3) Senate Reform
Failed to pass a national referendum.
The Hague
In the Netherlands, it is the international court of justice that settles disputes between nations.
INTERPOL
International police that help other police departments. They are not qualified to make arrests.
Kyoto Protocol
A climate change protocol that Canadian ministry of Environment Peter Kent backed out of to save Canadians $14 million in penalties.
The Cuba Missile Crisis
A crisis that began with the soviets bringing missiles into Cuba that were seen by American spy planes. Kennedy wanted to invade and initiated a naval “Quarantine” on all ships on their way to Cuba. This was seen as an act of war. Kennedy’s brother negotiated to withdraw US missiles in return to detonate the missiles in Cuba. Crisis averted.
Premier Couillard de Quebec
Wants to renegotiate Quebecs independency; Trudeau said no.
Boko Haram
Nigerian Islamic terrorist group.
Juries
Influenced by the Greeks where they used random citizens to decide who was innocent in a case.
Utilitarian Philosophy of Law
What will do the most good for the greatest number of people?
The Mining Association of Canada
The biggest lobby group in Canada.
The Congress of Vienna
Peace negotiations after the defeat of Napoleon.
English Common Law
Judge made case law become the norm.
Manorial Court
In the feudal system the landowner would decide the fate of the parties.
Communal Court
Where small communities would have their leaders decide the fate of a party.
Royal Court
Where the King or Queen decide the fate of the parties.
United Nations Security Council
Decides when peacekeepers may be used in conflicts.
Prejudice
A preconceived opinion of a person based on that person belonging to a certain group, even though they’ve done nothing to you personally. Even though it is not illegal it can leave to acts of discrimination which is.
Discrimination
Treating individuals unfairly or differently because of characteristics such as race, age, sex, or disability. It is illegal.
Stereotyping
Forming an opinion about a person or a group and applying that judgement to all members of that group. It is not illegal but can lead to cases of discrimination.
University of Mississippi
At the university a national guard had to break up riots because a black student was attending the University.
The ICC
International Criminal Court
Prosecutes individuals for committing international crimes of genocide, crimes against humanity and war crimes.
ICJ
International Court of Justice
Settles disputes between nation states.
Philosophers of Law
The first people to create the foundation of law throughout history.
Public Law (3)
The Government vs. The Individual
Criminal Law, Constitutional Law, Administrative Law.
Private Law (6)
Individual vs. The Individual or Corporation
Civil Law, Family Law, Contract Law, Tort Law, Property Law, Labour Law, Estate Law.
Civil Law
Private Law.
Criminal Law
Public Law.
Administrative Law
Government Agencies like the LCO, Revenue Canada, and LHSC.
Space Law
62 miles above Earth is considered to be space. In 1957 the Outer Space Treaty was created and signed by World powers at the UN. They decided no nation could claim sovereignty over space, the moon, or any celestial bodies.
The Seas
In 1609 Hugo Grotis stipulated that “High seas are free” and in 1994 20 nations got together at the UN convention called “Law of the Sea” to determine that nations could claim up to 12 nautical miles. People are still fighting over the mining rights of the seas.
Antartica
A sovereign less land 2 miles deep in ice. In 1959 the Antartica treaty was signed by 11 countries. People are interested in its natural resources.
Divine Law
When God decides who is guilty but trial by ordeal.
Trial by Ordeal
Trial by torture.
Trial by Combat
Trial by duel; whoever wins the duel is innocent. (What richer people get).
Contract Law
Business Law.
Constitutional Law
Amending or changing our already established constitution.
Who is the Space also has an “Officer for Outer Space Affairs”? What does she do?
Dr. Simonlette De Pippo.
She promotes international cooperation on the peaceful use of space and regulated liability for damages, keeps weapons out of space, shares information between nations, r searches and monitored space related tech etc.
