Exam

Question 1

natural law

Answer 1

divine in origin, entitling it to supremacy.

ideal, unchanging, and universal

Question 2

positive law

Answer 2

law rests in the hands of humans. ex statute law
written by humans
justice means conformity to law

Question 3

socrates

Answer 3

“Socrates method” - challenging people on what they think they know.
condemned to death by corrupting the young.

Question 4

plato

Answer 4

laws should reflect universal, absolute, and eternal, truths or virtues. (natural)
justice is important than man-made law.
laws should be followed unless they’re immoral.

Question 5

aristotle

Answer 5

‘rationalism’ - humans are born with the power to think and reason
should have ability to understand right v wrong

Question 6

hobbes

Answer 6

in the state of nature, humans led lives that were innately immoral.
gov’t must create laws to curve natural greed.

Question 7

locke

Answer 7

‘natural rights’ were the right to life, liberty, and security of the person
humans are innately good, they should hand over the state to authority to preserve these laws.

Question 8

bentham

Answer 8

‘utalitarianism’ humans live to achieve pleasure and avoid pain, therefore, the law must be the greatest happiness for the greatest number of people.

Question 9

austin

Answer 9

to achieve happiness humans must obey the law, this maintains social order.

Question 10

left vs right

Answer 10

society / tradition
law + order more relaxed / strict
taxation increases / tax breaks
state involvement / individual focus

Question 11

substantive law

Answer 11

can help define the nature or substance of various crimes or laws
ex. differences between different types of murder and sentences for each, the specific offences drivers can be charged for, fines and demerit points.

Question 12

procedural law

Answer 12

helps explain procedures associated w/ arrests, bail hearings etc.
meant to protect an accused person’s legal rights by ensuring that the same precedures are followed in every case

Question 13

international law

Answer 13

made when two or more countries sign a treaty

ex. halibut treaty - canadian / american treaty on fishing rights in pacific. UN is another example.

Question 14

criminal law

Answer 14

crimes against society
state v individual
r v defendant

Question 15

administrative law

Answer 15

government agency v individual

immigration, liquor licence

Question 16

constitutional law

Answer 16

federal government v provincial government
ex ultra vires
constitutional matters - beyond power of authority to do an action

Question 17

tort law

Answer 17

civil wrong, suing, individual v individual

Question 18

contract law

Answer 18

legally binding agreement

ex - sale of goods and services

Question 19

family

Answer 19

family members

ex - divorce, custody

Question 20

property law

Answer 20

ownership of property

ex - real estate

Question 21

corporate law

Answer 21

establishment, operation, and dissoluation, of corporation

Question 22

canada’s written constitution

Answer 22

july 1 1867, BNA act
canada becomes a new dominion
structure of the government is established
federal and provincial government powers were divided

Question 23

canada’s unwritten constitution

Answer 23

prime minister

conventions adopted by the UK (cabinet, parliament, and party systems)

Question 24

why laws change

Answer 24

1. technological ( new tech - new laws passed, eg. new laws regarding phones and cameras)
2. demographic (birth and death rates, canada’s population grows because of multicultural students, morning prayer is not allowed
3. changes in values (non smokers rights valued, same sex marriage)
4. change through democratic process (leaders won;t get re-elected due to bad choices (ww2 conscription)
5. national emergency (9/11 laws)
6. court decisions on individual struggles (abortion as a criminal offence)
7. legal scholarship (scholarly articles, studies done. ex. battered spouse syndrome)
8. change as a result of collective action (lobby groups, MADD, civil rights movement)

Question 25

universal declaration of human rights

Answer 25

1. right to life, liberty, and security of the person 2. no one shall be held in slavery 3. no one shall be subjected to cruel, inhuman, or degrading punishment 4. no one shall be subjected to arbitrary arrest 5. all humans are born free and equal in dignity and rights

Question 26

charter of rights and freedoms

Answer 26

1. right to life, liberty, and security of the person (r v Morgentaler) (r v sharpe) (r v keegstra) 2. right to not be arbitrarily detained 3. not to be subjected to cruel or unusual punishment 4. right against unreasonable search and seizure (r v feeney) 5. when charged with an offense, be tried within a reasonable time. (jordan)

Question 27

forms of discrimination

Answer 27

1. unofficial discrimination (against a certain group even though there are laws protecting them) 2. systematic discrimination (supported by government laws (ex. separate washrooms for black people, head taxes for Chinese people in canada) 3. segregation (members from a group are forced to live, work, go to school separately from the rest of society) 4. expulsion (members of a group are expelled from society (Japanese Canadians during war) 5. genocide (widespread killing of members of a certain group. ex. holocaust, Rwanda genocide)

Question 28

International examples of lack of human rights

Answer 28

Women's rights - in places such as saudi LGBT rights - such as syria and saudi death penalty - in US and other places

Question 29

5 goals of UN

Answer 29

1. maintain international peace and security 2. promote sustainable development 3. protect human rights 4. deliver humanitarian aid 5. uphold international law

Question 30

Rule of Law

Answer 30

1. law is necessary for order 2. law applies equally to everyone 3. legal rights will not be taken away except in accordance with the law

Question 31

Criminal law and purpose

Answer 31

1. protect and keep citizens safe. ex. laws against murder 2. protect our possessions 3. preserve standards of decency 4. preserve public order

Question 32

DNA Databank

Answer 32

pros - makes it easier to catch criminals, prevents a wrongful conviction, people maintain control of their own dna cons - information can be hacked, invasion of privacy, dna could be used against an individual for wrongful conviction

Question 33

principles of canada's justice system

Answer 33

1. fairness 2. efficiency 3. clarity 4. restraint 5. accountability 6. participation 7. protection

Question 34

Fairness

Answer 34

people + procedures must be fair and applied equally to all - racial profiling - inmates given right to vote

Question 35

Efficiency

Answer 35

procedures should be efficient as to avoid undue costs, delays, and errors -jordan decision

Question 36

Clarity

Answer 36

procedures must be clear. this leads to predictability and regularity -reading rights during arrest and asking if they understand. making sure they speak english.

Question 37

Restraint

Answer 37

procedures should not interfere with an individual's rights and freedoms so long as freedoms of others are protected -using rights and freedoms to get away with immoral things - ensures our safety

Question 38

Accountability

Answer 38

people involved must be held accountable for conducting procedures -sometimes authority are not held accountable for their actions

Question 39

Participation

Answer 39

the public should participate and court should be open to public - educates and deters people - jury is more unbiased

Question 40

Protection

Answer 40

Society should feel protected by the criminal justice system | -fed pen vs house arest just because it's cheaper

Question 41

Diplomatic immunity

Answer 41

form of legal immunity that ensures diplomats are not susceptible to prosecution under a host country's law. diplomat can be expelled and held accountable under thei home country's law.

Question 42

extradition

Answer 42

one country requests that another country send their criminal back to face charges when wanted criminals flee

Question 43

bilateral extradition

Answer 43

between canada / another country

Question 44

multilateral extradition

Answer 44

between canada / british common wealth

Question 45

reasons to refuse extradition

Answer 45

1. death penalty 2. no human rights 3. political prisoner

Question 46

deportation

Answer 46

legal process of forcing a person to leave our country canada has authority to deport and non-canadians who has entered country illegally / commit crimes must file arc to return to canada

Question 47

goals of sentencing

Answer 47

1. deterrence 2. denunciation 3. separation 4. rehabilitation

Question 48

role of international court of justice

Answer 48

``` to settle legal disputes submitted to by the states (canada vs another country) to give opinions on legal questions referred to it by authorized UN organs and specialized agencies only states (nations) may be parties in this court, no individuals or companies can file cases here ```

Question 49

types of cases

Answer 49

the court's decisions are binding on the parties and havebeen concerned with the issues - land and maritime boundries, territorial soveirgnety, diplomatic relations, the right to asylum, nationality, and economic rights

Question 50

who sits on court

Answer 50

- 15 judges elected by the general assembly of the UN for 9 year terms - 1/3 gets elected every 3 years - big 5 are always represented on security council and international court

Question 51

war crimes

Answer 51

after international conflicts, trials may be held on un's international court - grave breaches of gevena convention, crimes against humanity, and genocide

Question 52

trials

Answer 52

international military tribunal can also be set up "for this" as was the case after ww2 in germany and japan for their top military and government leader - current ones include yugoslav + rwandan genocides, nuremberg trials

Question 53

charter of rights and freedoms

Answer 53

fundamental freedoms (2), democratic rights, (3-5), mobility rights (6), legal rights (7-14),