Week 6,7,8

Question 1

What is criminal law

Answer 1

Concerned with the definition of crime and the prosecution and penal treatment of offenders

Question 2

What is Civil Law

Answer 2

Consists of a body of rules and procedures intended to govern the conduct of individiuals in their relationshop with others

Question 3

What is tort law

Answer 3

A body of rules that determines under what circumstances and how victims of wrongdoings may recover compensation for the harm that they have usffered in noncontractual relations

Question 4

What are the Functions of Tort Law

Answer 4

Compensation
Deterrence and Admonition
Standard Setting
Psychological
Educational
Ombudsman/ombudsperson

Question 5

Whats an Ombudperson

Answer 5

Impartial and independent officer to investigate and resolve complaints

Question 6

What is the economic approach to Tort law

Answer 6

Focuses on efficiency and cost effectiveness. It emphasizes allocation of resources and aims to minimize social costs by discouraging harmful behaviour through liability rules such as negligence or strict liability

Question 7

What is the Corrective Approach to Tort Law

Answer 7

The corrective justice approach to tort law focuses on restoring the balance between parties who have been wronged and thsoe who have caused harm. emphasizes the idea of rectifying a wrongful loss or injury rather than merely punishing the wrong doer

Question 8

What is the critical approach to tort law

Answer 8

examines the social, political, and power dynamics underlying legal rules and institutions. it seeks to uncover and challenge underlying inequalities, injustices, and power imbalances within the legal system

Question 9

What do critical perspectives focus on

Answer 9

the experience of individuals in the court system, partiularly as it relates to access to justice

Question 10

What is access to justice

Answer 10

the effective right of an individual to advance in appropriate fora legitimate legal claims or defence against claims by others.

Question 11

What are the features of the adversarial system

Answer 11

Battle between two parties
each parties interests
culture within the legal system

Question 12

What is credibility

Answer 12

A complex intermingling of impressions that emerge after watching and listening to witnesses and attempting to reconcile the various version of events

Question 13

What are the factors assesed when questioning credibility

Answer 13

Consistency, coherency, witnesses ability to provide details and recall time and place, presence of supporting evidence and witnesses demeanour

Question 14

Who is the legal victim in criminal proceedings

Answer 14

Typically the state or government, represented by the prosecution. crime considered an offense against society as a whole.

Question 15

Who is the legal victim in civil proceedings

Answer 15

Uusally an individual or entity who has suffered harm or loss due to the actions of another party. this individual or entity is known as the plaintiff

Question 16

Who initiates the action in criminal proceedings?

Answer 16

By the government through law enforcement agencies or prosecutors. the acused individual or entity brought to trial by the state

Question 17

Who initiates the action in civil proceedings

Answer 17

The aggrieved party. known as the plaintiff, who files a lawsuit or civil complaint against the defendant

Question 18

What is the issue before the court in criminal proceedings?

Answer 18

Whether the accused party is guilty of committing a crime beyond a reasonable doubt. the focus is on determining the defendants culpability and, if found guilty, imposing punishment

Question 19

what is the issue before the court in civil proceedings

Answer 19

Whether the defendant is liable for causing harm or loss to the plaintiff. focus is on resolving disputes related to rights and obligations between private parites

Question 20

What is the standard of proof in criminal proceedings

Answer 20

“Beyond a resonable doubt” requires the prosecution to prove the defednants guilt to a high degree of certainty

Question 21

What is the standard of proof in Civil proceedings

Answer 21

“preponderance of the evidence” means the plaintiff must prove their case by showing that is more likely than not that their version of events is true

Question 22

Who does the burden of proof rest on in Criminal Proceedings

Answer 22

On the prosecution

Question 23

Who does the burden of proof rest on in civil proceedings

Answer 23

It rests on the plaintiff who must establish their case by presenting evidence and arguments supporting their claims

Question 24

What is the remedy in criminal proceedings?

Answer 24

Punishment, which may include imprisonment, fines, probations, or other sanctions imposed by the court

Question 25

What is the remedy in Civil proceedings

Answer 25

Compensation for damages, which aim to compensate the plaintiff for the harm or loss suffered as a result of the defendants actions.

Question 26

What happened as a cause of the rise of neoliberalism in the 80s and 90s

Answer 26

its emphasis on individual accountabiility brought a shift in the standard of the ideal victim

Question 27

What are gendered conceptions of risk

Answer 27

Emerged as a mechanism for governing behavior, particularly regarding womens actions and choices

Question 28

What is Technology of governing

Answer 28

it involves regulating and sicilining individuals based on perception of risk associated with their gender, sexuality and behaviour.

Question 29

What does this mean?
Conceptions about what is reasonable, rational, and risky are now employed as measures against the behavior of female complainants is judged:

Answer 29

Women victims of sa or harassment may face scrutiny and judgement based on societal perceptions of what is considered resonable or rational behaviour for women

Question 30

What are some factors that are used against women in legal and social contexts

Answer 30

Actions such as alcohol consumption, dress, or expression of sexuality

Question 31

When are women denied the laws protection?

Answer 31

when they depart from rules of conduct and engage in risk behaviour

Question 32

What kind of problems arise due to neoliberalism and why?

Answer 32

The emphasis on choice and agency of neoliberalism creates credibility problems for female victims, it marks the legal battleground of SA cases

Question 33

What is an Ideal Victim

Answer 33

Women whose morality, behaviour and conduct are beyond reproach and who behave, post sexual assault, as expected. Must be virtuous, respectable, dependent and of high moral standing

Question 34

In successful convictions how are victims rpesented

Answer 34

As nearly as possible to the virgin or the respectable married women, either not sexually active or only sexually active with one. Unprovocative dressed, sober, in her own home, or on a well lit sreet in daylight, must have refused sexual relations loud and clearly, and it helps to have been physically injured in resisting

Question 35

What is the CJC

Answer 35

The canadian Judicial council
regulatory body responsible for overseeing conduct of federall appointed judges in Canada.
Provides guidance on judicial conduct and ethics, investiagtes complaints against judges, and promotes public confidence in the administration of justice

Question 36

What is the independence principle of the CJC

Answer 36

Judicial independence is a foundational principle of the Canadian legal system, ensuring that judges are free from external influences and pressures.
Judges must be impartial and free to make decisions based solely on the law and the evidence presented before them, without interference from government, parties to the case, or public opinion.

Question 37

What is the integrity principle of the Canadian legal system

Answer 37

Integrity is another fundamental aspect of judicial ethics, requiring judges to act with honesty, fairness, and ethical integrity in all aspects of their judicial duties.
Judges are expected to uphold the highest standards of honesty and integrity to maintain public trust and confidence in the judiciary.

Question 38

What is the diligence aspect of cjc

Answer 38

Diligence refers to the conscientious and diligent performance of judicial duties by judges.
Judges are expected to devote sufficient time and effort to thoroughly review cases, consider legal arguments, and render well-reasoned decisions in a timely manner.

Question 39

What is the equality aspect of the cjc

Answer 39

Equality is a core principle of judicial ethics, requiring judges to treat all parties and individuals before the court with fairness, dignity, and respect.
Judges must ensure equal access to justice and apply the law impartially, without discrimination based on factors such as race, gender, religion, or socioeconomic status.

Question 40

What is the impartiality aspect of he CJC

Answer 40

Impartiality is essential to the integrity of the judicial process, ensuring that judges approach each case with an open mind and without bias or prejudice.
Judges must set aside personal opinions, biases, or external influences and base their decisions solely on the facts and the law presented in court