Unit 1 Test Flashcards
Plato
Believed that laws must be universal to be moral.
Thomas Hobbes
Believed that humans are corrupt and without laws, we would live in constant conflict.
Aristotle
Believed justice could be discovered in a scientific manner.
St. Thomas Aquinas
Looked to the divine and the church for laws.
Henry David Thoreau
Wrote the influential essay titled Civil Disobedience.
Jeremy Bentham
Believed laws should be useful to the majority of society members.
Audre Lorde
Famous for the quote, “The master’s tools will never dismantle the master’s house.”
Cicero
Stated, “The good of the people is the chief law.”
Natural Law / Key philosophers
Law and morality are inseparable. / Plato, St. Thomas Aquinas.
Legal Realism
Laws contain the biases of lawmakers and judges; values are not universal.
Social Contract / Philosopher
People give up some freedoms in exchange for protection, forming the basis of cooperation in society. / Thomas Hobbes
Critical Legal Theory
The idea that “the master’s tools will never dismantle the master’s house.” It challenges the status quo of law. ( -Audre Lord)
Positive Law / Key Philosopher
Laws should be useful to society and enacted by government authorities. / Jeremy Bentham
Legal Paternalism
The state should interfere in people’s personal lives for their own good.
Rationalism / Philosopher
Using logic and observation to govern and make decisions. / Aristotle
R v Dudley and Stephens
The crime committed was murder
United States v Trump
Guilty of fraud
People of California v Turner
Judge and defendant attended same university
People v Zimmerman
The ‘stand your ground’ defense used to defeat police brutality cases.
ICC v Netanyahu
War crimes in Palestine (attacking civilian pop.)
Greensboro Sit-in
Civil rights movement led by Black students to protest segregation in restaurants.
Murder
The unlawful killing of another person with intent.
Universal
True across time, space, and culture.
Civil Disobedience
Refusal to comply with laws to protest perceived injustices.
Affluenza
A condition where excessive wealth impairs an individual’s understanding of social realities and consequences.
Actus Reus
The physical act of committing a crime
Mens Rea
The mental intent or knowledge involved in committing a crime.
Jurisdiction
The authority of a court or legal body to hear and make decisions about legal cases.
Stare Decisis
The doctrine that courts should follow precedents.
Customs
Traditions or practices that are so fundamental to society they become laws.
Primary Sources
Religion, philosophies, and historical events that influence law.
Secondary Sources
Commentaries, legal textbooks, and articles that interpret and analyze laws.
Categories of Law
Includes statute laws, case laws, and constitutional laws.
Magna Carta
English document that influenced major legislation and constitutions worldwide.
Canadian Charter of Rights and Freedoms
Guarantees Canadians their fundamental rights.
Constitution Act
Became law in Canada in 1982.
Jurisprudence
The theory or philosophy of law, examining questions about justice and the impact of laws.
Rule of Law
A principle that laws should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials.
Common Law
Legal system based on judicial decisions and precedents, originally from England.
Bilingual and Bijural
Refers to the use of both English and French, and both common law and civil law in Canada.
