Unit 1 Flashcards
What is the Case Name in a legal citation?
The title of the case, usually involving the parties involved, with the plaintiff’s name listed first, followed by the defendant’s name.
What does the Volume Number refer to in a legal citation?
The volume of the reporter in which the case is published.
What is the Reporter Name in a case citation?
The name of the reporter that publishes the case decision.
What does the Page Number indicate in a legal citation?
The specific page of the reporter where the case starts.
What is the Court in a legal citation?
The court that decided the case, often abbreviated.
What does Year of Decision signify in a legal citation?
The year the case was decided.
What is precedent?
A legal decision or case that serves as an example for future cases with similar issues.
Define stare decisis.
The principle that courts should follow previous decisions to maintain consistency in law.
What is jurisprudence?
The study/theory of law, focusing on how laws are created, interpreted, and applied.
What are the three main components of the Rule of Law?
- Equality Before the Law
- Accountability
- Access to Justice
What does justice refer to in the context of law?
The concept of fairness.
Define sovereignty.
Supreme authority of a state to govern itself without outside interference.
What is jurisdiction?
Authority of a court or legal body to hear and make decisions on a case within a specific geographic area or subject matter.
What is democracy?
Power vested in the people through elected representatives, reflecting the will of the majority.
What is power in a legal context?
Ability to influence others, backed by force or laws.
Define authority.
Recognized right to exercise power, granted by legal or institutional frameworks.
What does legitimacy refer to in law?
Acceptance of authority or laws as valid, often due to the consent of the governed.
What is ownership in a legal context?
Legal right to possess, control, and use property, whether physical or intellectual.
Define rights.
Legal entitlements or freedoms granted to individuals.
What are duties in law?
Responsibilities or obligations individuals or entities have under the law.
What is equality in the context of law?
Treating all people the same in the eyes of the law, regardless of background or status.
What does equity mean?
Fairness in treatment, taking different circumstances into account to ensure justice.
What is morality in relation to law?
Principles of right and wrong that guide human behavior.
Define humanity in legal terms.
Recognition of shared human dignity and rights.
What is International Law?
Governs relationships between countries, including treaties, trade, and human rights.
What is Domestic (or National) Law?
The legal system within a particular country, dealing with issues like criminal law and family law.
What does Substantive Law define?
Rights and duties of individuals and how they are protected under the law.
What is Procedural Law?
Outlines the steps or procedures for enforcing rights and duties defined in substantive law.
What is Public Law?
Governs the relationship between the government and individuals or organizations.
What is Private Law?
Governs relationships between private individuals or organizations.
What does Criminal Law involve?
Actions that are offenses against the state or society, prosecuted by the government.
Define Natural Law.
Sees law as rooted in universal moral principles.
What is Positive Law?
Views law as valid because it is enacted by authority.
What does Legal Realism emphasize?
The impact of social and personal factors on law.
What is Critical Legal Theory?
Critiques how law perpetuates social inequalities and power imbalances.
What is the role of the Supreme Court of Canada?
The highest court in Canada, serving as the final court of appeal.
How many judges are on the Supreme Court of Canada?
9 judges, including the Chief Justice.
What is Jordan’s Principle?
Ensures that First Nations children receive public services without jurisdictional disputes.
Who is Rubin ‘Hurricane’ Carter?
An American-Canadian boxer whose wrongful conviction highlighted issues with racial bias.
What are the four reasons laws change?
- Development of Society
- Cultural Shifts
- Technological Advancements
- Need for Justice
What is lobbying?
Advocating directly to lawmakers to influence the creation or modification of laws.
Define protesting in the context of legal change.
Public demonstrations to raise awareness about specific legal issues.
What is civil disobedience?
Peaceful refusal to obey certain laws to draw attention to perceived injustices.
What did Socrates believe about the law?
The whole point of law was that it needed to be examining in order to be defined.
What is Aristotle’s view on Natural Law?
Law should reflect universal moral principles inherent in human nature, aiming to promote justice and the common good.
What are the four types of law according to St. Thomas Aquinas?
- Eternal Law: God
- Divine Law: Bible
- Natural Law: Human Nature
- Human Law: Common Good in Society
What is the main idea of Legal Positivism as proposed by Jeremy Bentham and John Austin?
Laws are human-made rules that should promote the greatest happiness for the greatest number, independent of moral considerations.
What does Thomas Hobbes argue about the state of nature?
In a state of nature, humans would act out of self-interest and chaos would prevail, necessitating law to establish order.
According to Hobbes, who must create laws to maintain peace and security?
A powerful sovereign with absolute authority.
What are the key rights that John Locke believed laws should protect?
- Life
- Liberty
- Property
What is the source of a government’s legitimacy according to John Locke?
The consent of the governed.
What does Marxism state about law?
Law is an instrument of oppression and control used by the ruling classes against the working classes.
What legal tradition did Roman Law, particularly the Corpus Juris Civilis, contribute to in Canada?
Civil law systems emphasizing codification of laws and principles of justice
Roman Law has had a lasting impact on Canadian legal traditions.
Which ancient legal system emphasized democracy and participation in legal processes, influencing Canada?
Greek Law
Greek Law contributed to Canadian principles related to individual rights and civic engagement.
What document laid the foundation for constitutional law by limiting the power of the monarchy?
Magna Carta (1215)
The Magna Carta established principles of due process and the rule of law, core to Canadian law today.
What legal system developed through court decisions and precedents is a major influence on Canadian law?
English Common Law
English Common Law significantly impacts areas like property, contracts, and torts in Canada.
