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Cnd. & Int'l Law > Unit 1: Legal Heritage > Flashcards

Unit 1: Legal Heritage Flashcards

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1
Q

define rule of law

A

the belief that neither the indv’l nor the gov’t is above the law

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2
Q

define jurisprudence

A

the philosophy of law that deals w/both applying legal doctrine & investigating concepts, notions and principles

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3
Q

what is the magna carta?

A

a document consisting of fundamental guarantee of rights and privileges

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4
Q

what is the difference b/t public and private law?

A

public: interactions of the state and subjects
private: legal rules governing people, private relt’ps (civic)

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5
Q

what is positive law?

A

laws enforced by gov’ts are the only legit authority

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6
Q

what is natural law?

A

ideal moral order, independent of human will, habit or politics

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7
Q

what is precedent?

A

the req’t that a court follow the reasoning of a higher court w/similar facts

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8
Q

define feminist jurisprudence

A

all laws are made to benefit men

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9
Q

what is the difference b/t common and civil law?

A

common: laws created by precedent of courts
civil: regulates private legal affairs

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10
Q

what is the difference b/t substantive and procedural law?

A

substantive: laws whose object is to define rights & obligations of citizens
procedural: process of law that outlines the step in protecting rights

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11
Q

define collective action

A

action taken by groups of ppl who are achieving a common goal

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12
Q

what is law?

A

a set of rules enacted by the gov’t; meant to change the behaviour of citizens and enforced by the court of law

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13
Q

why does society need laws?

A

to maintain order & safety, protect rights, solve conflicts & carry out policies

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14
Q

what are the 2 types of law in Canada?

A

private and public

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15
Q

what are the 5 reasons why laws change?

A
  1. demographic
  2. technological changes
  3. national emergencies
  4. changes in values
  5. collective action
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16
Q

what are some demographic reasons laws change?

A

changes in birth rates, immigration, education

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17
Q

what are some changes in values that make laws change?

A

what ppl see as acceptable changes therefore laws must change to suit them

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18
Q

why might collective action make laws change?

A

political demonstrations, protests, lobby groups, all trying to influence legislation

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19
Q

what components is the matrix of jurisprudence comprised of?

A
  1. concepts
  2. philosophers
  3. theories
  4. comparative law
  5. historical devl’p
  6. institutions
  7. principles
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20
Q

give an example of a nat’l emergency that would change laws

A

9/11 changed laws pertaining to boarders, items and security

21
Q

give an example of a change in societal values that would change laws

A

abortion has become more accepted by society making it legal

22
Q

who were the 5 natural law philosophers?

A

Cicero, Plato, Aristotle, Aquinas, Dworkin (modern)

23
Q

who were the 4 positive law philosophers?

A

Hobbes, Austin, Bentham, LA Hart

24
Q

give 3 examples of what Aquinas did that influenced Cnd. law

A
  1. rule of law “subject to the same reason”
  2. particular justice (civil law)
  3. civil disobedience
25
Q

give 3 examples of what Austin/Bentham did to influence Cnd. law

A
  1. utilitarianism
  2. legal positivism (neutrality)
  3. command theory
26
Q

what is legal formalism?

A

all law is est.; it’s simply the role of courts to discover the rule to apply it

27
Q

what is critical legal studies?

A

holds that meaning depends on circumstances & human choice

28
Q

what are the 2 sources of law?

A

primary: outcome of thousands of years of history, values, principles, and decisions
secondary: transforms value into laws, arranged in order of supremacy (const’l, statute, common)

29
Q

what are the 4 primary sources of law?

A
  1. religion & morality
  2. historical influences
  3. customs & conventions
  4. social & political philosophy
30
Q

what are the 3 secondary sources of law?

A
  1. constitutional
  2. statute
  3. common law
31
Q

briefly explain what const’l law is

A

no law may violate const’l law; all laws obtain their legitimacy through const’l law

32
Q

briefly explain what statute law is

A

laws created by elected gov’ts (fed’l, prov’l, mun’l); rep the common good

33
Q

briefly explain what common law is

A

the body of the law created by court decisions; some create precedent

34
Q

what is the difference b/t domestic and int’l law?

A

domestic: laws are made & enforced within a nation

int’l: laws governing conduct b/t nations (treaty, UN)

35
Q

what follows under public law?

A

constitutional, administrative, criminal

36
Q

what follows under private law?

A

family, tort, estate, contract, property

37
Q

what follows under both private and public law depending on the situation?

A

labour, consumer, corporate, environmental

38
Q

outline how a bill becomes a law

A
  1. introductions & first reading
  2. second reading
  3. committee stage
  4. report stage
  5. third reading
  6. senate reading
  7. royal assent
39
Q

what is legal realism?

A

believed judges are the authors of law; law is a description of what ought to be

40
Q

what are the 5 golden q’s for legal change?

A
  1. what happens if there were no laws for the issue
  2. what problem is the gov’t solving?
  3. how does the legal rule solve it?
  4. who benefits from the solution? who doesn’t?
  5. would you eliminate/change the legal rule? why? how?
41
Q

what are lobby groups?

A

a # of ppl. trying to influence legislation on behalf of a particular cause

42
Q

outline the role of royal commissions

A

if a lobby group succeeds in changing legislation, the gov’t will send out a royal commission to investigate & publish a report

43
Q

name 2 specific examples of the 5 primary sources of law

A
  • Roman tablets called the “law of 12” on marriage, ownership, everyone was able to participate in laws
  • Britain: trial by jury, travelling courts meant precedent, innocence, and rule of law
44
Q

what is parliamentary supremacy?

A

parl’t as a rep. body has a supreme power of making Cnd. laws

45
Q

what are the 3 statutory interpretations judges use?

A

mischief rule, internal aids, external aids

46
Q

what is mischief rule?

A

judges use this to help them understand the statute law that is intended to be corrected

47
Q

what is internal aids?

A

sections of statute law that defines legal terms/preambles

48
Q

what is external aids?

A

legal dictionaries/scholarly articles

Cnd. & Int'l Law (4 decks)

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