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International and Canadian law > Unit 1 > Flashcards

Unit 1 Flashcards

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1
Q

What is the definition of law?

A

Laws are rules made by government that forbid certain actions and are enforced by the courts. Laws apply to everyone equally.

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2
Q

What is the concept of law?

A

Law becomes an endeavour to question, define, debate, and resolve some of the larger questions we have.

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3
Q

Why do laws change? And what are the changes?

A

Usually, laws change due to broad shifts in society that occur over a period of time, such as through…

Demographic changes
Technological changes
Changes in values or in response to
a National emergency

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4
Q

What is a demographic change?

A

Changes in population statistics over time

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5
Q

What is a technological change?

A

Is the evolution of technology, for example, telephones, internet

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6
Q

What are changes in values?

A

penalties for drunk driving changing over time due to accidents

gay marriages becoming accepted

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7
Q

What is a national emergency?

A

national security and personal privacy

To what degree are we willing to give up our rights and freedoms, for national security?

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8
Q

How is changed influenced?

A

formal vs informal pressure

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9
Q

What is informal pressure?

A

individual action or collective action like the media

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10
Q

What is formal pressure?

A
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11
Q

What methods are used to influence change?

A

Demonstrations and protests

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12
Q

What is the rule of law (Magna Carta)

A

Rule of Law is the belief that it is better to be ruled by laws than to be ruled by leaders who act the way they like. No one is above the law

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13
Q

What were some of the cases/people who changed the law?

A

Lavalle-Battered women’s syndrome

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14
Q

How can laws be made or changed, there are two processes.

A

Case law and statute law

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15
Q

What is Case law?

A

also known as Common law, is made when the law is defined through the appeals process and a legal precedent by a ruling of the Supreme Court of Canada

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16
Q

What is statute law?

A

laws passed by the various legislatures of the country (Provincial Legislative Assembly or Federal Parliament)

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17
Q

What is constitutional law?

A

The supreme set of laws, which overrides all others, are those written in the Constitution.

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18
Q

What is the hierachy of the law?

A

constitutional law, statute law, common law

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19
Q

What are the 4 framing questions?

A

Legal Significance (importance)
Ex: why a law or legal issue is important?
Legal Perspective
Ex: how might members of the justice community view this event or legal controversy?
Interrelationships
Ex: What roles do individuals, groups and governments play in the justice system?
Change and Continuity
Ex: How have laws changed over time and why?

20
Q

What’s an example of a democratic value?

A

The freedom to vote

21
Q

Primary sources

A
22
Q

religion and morality

A

Canada’s laws reflect the Judeo-Christian religious heritage

23
Q

What are the historical influences?

A

Greek influences, Roman influences, Aboriginal influences, British influences

24
Q

What is a custom?

A

a long established way of doing something that overtime has acquired the force of law.

25
Q

What is a convention?

A

a way of doing something that has been accepted for so long that it amounts to an unwritten rule. Similar to customs but apply mainly to political practices

26
Q

What are the 3 secondary sources? Give example.

A
27
Q

What is Constitutional law?

A

The body of written unwritten laws that set out how the country will be governed. This type of law sets out the distribution of power between the federal government and provinces.

28
Q

What is Case/common law?

A

is made when the law is defined through the appeals process and a legal precedent is set by a ruling of the Supreme Court of Canada

29
Q

What is statute law?

A

Laws passed by legislatures

30
Q

Define the different types of law

A
31
Q

What is common and civil law?

A

Common law system: judge made law, but it also is used to define law as being applicable throughout the country it is still relying on judicial decisions.
Civil law system: civil law relies less on judges and more on codification systems…

32
Q

Substansive vs procedural law

A

Substansive: prescribe a set of values defining rights and obligations… For example, section 253 of the Criminal Code, unlawful under the influence of substantive law.
Procedural law: society enforces those rights and obligation. Section 258 of the C.C.C. admission of breath analysis to enter blood alcohol content into evidence,

33
Q

Domestic and International law

A

Domestic: particular country, enforceable only within that country.
International laws: group of sovereign nations. The Nuremberg Principles, the Universal Declaration of Human Rights, and NAFTA.

34
Q

What is private law?

A

legal rules that govern people’s private relations, like lawyer

35
Q

What is public law?

A

governs and regulates the interaction between the state and its citizens

36
Q

What is Constitutional law?

A

determines the legitimacy of laws and actions of government under the constitution

37
Q

What is Criminal law?

A

is comprised of rules made to prohibit and punish conduct that is against society

38
Q

What is administrative law?

A

governs operation of Agencies that regulate activities within society such as licences and social welfare benefits.

39
Q

What is the difference between civil and Criminal law?

A

civil cases (private law) are those dealing with private law… Criminal cases (public law) deal with public law

40
Q

Theories and concepts of law

A
41
Q

What is Jurispruden?

A

The science that deals with both applying legal doctrine and investigating the concepts, notion, and principles of legal though.

42
Q

What is femenist Jurispruden?

A

a philosophy of law based on the political, economic, and social equality of sexes.

43
Q

What is natural law?

A

A system of universal moral and ethical principles that are inherent in human nature & that people can discover by using their natural intelligence
E.g. murder is wrong, parents are responsible for acts of their children

44
Q

What is positive law?

A

the theory that law is a body of rules formulated by the state, and that citizens are obliged to obey the law for the good of the state as a whole. (human made laws)

45
Q

Socrates theory? (4 points)

A
  1. Morality (ethics) is an important part of natural law. Manmade laws should reflect those morals.
  2. Obeying the law is the moral thing to do; should be obeyed even in the face of death.
  3. Wrong against the law was to wrong against those who abide by the law.
  4. Believed that philosophers should be the heads of state; Socrates says, “that ideals belong in a world that only the wise man can understand.”
46
Q

Plato theory? (5 points)

A

● Plato believed that organized society is a natural institution; we are social by nature. This works when justice exists:

○ Justice exists when all powers of an individual or society work together for the good of the whole.

○ Justice in the individual exists when intellect controls instincts (through reason) (key point)

● Human laws must be based on knowledge of the eternal laws that rule the universe.

● Education produces good behaviour.

47
Q

Aristotle theory? (2 points)

A

disagreed with Plato’s assumption that only education was needed to make people good
● People are born into one of three categories:

1) Some people are born good
2) Some people can be made good through education
3) Majority are ruled by their passions; laws and education are needed to ensure people are law abiding

● Also believed that all citizens need to help regulate each other’s behaviour

International and Canadian law (1 decks)

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