Week 6,7,8 Flashcards
What is criminal law
Concerned with the definition of crime and the prosecution and penal treatment of offenders
What is Civil Law
Consists of a body of rules and procedures intended to govern the conduct of individiuals in their relationshop with others
What is tort law
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
What are the Functions of Tort Law
Compensation
Deterrence and Admonition
Standard Setting
Psychological
Educational
Ombudsman/ombudsperson
Whats an Ombudperson
Impartial and independent officer to investigate and resolve complaints
What is the economic approach to Tort law
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
What is the Corrective Approach to Tort Law
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
What is the critical approach to tort law
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
What do critical perspectives focus on
the experience of individuals in the court system, partiularly as it relates to access to justice
What is access to justice
the effective right of an individual to advance in appropriate fora legitimate legal claims or defence against claims by others.
What are the features of the adversarial system
Battle between two parties
each parties interests
culture within the legal system
What is credibility
A complex intermingling of impressions that emerge after watching and listening to witnesses and attempting to reconcile the various version of events
What are the factors assesed when questioning credibility
Consistency, coherency, witnesses ability to provide details and recall time and place, presence of supporting evidence and witnesses demeanour
Who is the legal victim in criminal proceedings
Typically the state or government, represented by the prosecution. crime considered an offense against society as a whole.
Who is the legal victim in civil proceedings
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
Who initiates the action in criminal proceedings?
By the government through law enforcement agencies or prosecutors. the acused individual or entity brought to trial by the state
Who initiates the action in civil proceedings
The aggrieved party. known as the plaintiff, who files a lawsuit or civil complaint against the defendant
What is the issue before the court in criminal proceedings?
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
what is the issue before the court in civil proceedings
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
What is the standard of proof in criminal proceedings
“Beyond a resonable doubt” requires the prosecution to prove the defednants guilt to a high degree of certainty
What is the standard of proof in Civil proceedings
“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
Who does the burden of proof rest on in Criminal Proceedings
On the prosecution
Who does the burden of proof rest on in civil proceedings
It rests on the plaintiff who must establish their case by presenting evidence and arguments supporting their claims
What is the remedy in criminal proceedings?
Punishment, which may include imprisonment, fines, probations, or other sanctions imposed by the court
What is the remedy in Civil proceedings
Compensation for damages, which aim to compensate the plaintiff for the harm or loss suffered as a result of the defendants actions.
What happened as a cause of the rise of neoliberalism in the 80s and 90s
its emphasis on individual accountabiility brought a shift in the standard of the ideal victim
What are gendered conceptions of risk
Emerged as a mechanism for governing behavior, particularly regarding womens actions and choices
What is Technology of governing
it involves regulating and sicilining individuals based on perception of risk associated with their gender, sexuality and behaviour.
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:
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
What are some factors that are used against women in legal and social contexts
Actions such as alcohol consumption, dress, or expression of sexuality
When are women denied the laws protection?
when they depart from rules of conduct and engage in risk behaviour
What kind of problems arise due to neoliberalism and why?
The emphasis on choice and agency of neoliberalism creates credibility problems for female victims, it marks the legal battleground of SA cases
What is an Ideal Victim
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
In successful convictions how are victims rpesented
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
What is the CJC
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
What is the independence principle of the CJC
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.
What is the integrity principle of the Canadian legal system
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.
What is the diligence aspect of cjc
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.
What is the equality aspect of the cjc
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.
What is the impartiality aspect of he CJC
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
