Law

Question 1

Name the three levels of government in Canada

Answer 1

Municipal,Provincial,Federal

Question 2

Municipal

Answer 2

Local government responsible for providing services (e.g. fire services, garbage collection, public transit…)within towns and cities

Question 3

Provincial

Answer 3

Responsible for providing services outlined in the Constitution as provincial responsibilities (e.g. health care, education, justice….)

Question 4

Federal

Answer 4

Responsible for providing services outlined in the Constitution as federal responsibilities or items not explicitly outlined in the Constitution (e.g Citizenship, National Defence, Foreign Policy….)

Question 5

What is law?

Answer 5

The system of recognized rules that regulate the actions of individuals and groups with possible enforcement of penalties for violations.

Question 6

Explain 5 purposes/functions of law.

Answer 6

Protect Society
Protect Rights and Freedoms
Establish Codes of Conduct
Provide a System of Enforcement
Resolve Disputes

Question 7

Describe 4 foundations of Canada’s legal system/heritage.

Answer 7

Rule of Law - The law applies equally to all, the law should be fair and equal and the law should not be arbitrary.

Freedom under the law - The law should respect the rights and freedoms of all citizens.

Democratic Principles - Citizens have a voice in the formation of government who makes the laws.

Respect for others - Citizens have rights but also the duty to follow the law in respect of others.

Question 8

Explain the difference between public areas of law and private areas of law.

Answer 8

Public Law - The area of law governing the relationship between individuals and government.

Private Law - The area of law governing the relationship between individuals and/or private organizations.

Question 9

LIst and describe 3 areas of public law.

Answer 9

Criminal law - Area of law dealing with wrongs committed against society

Administrative Law - The body of law that regulates the operation and procedures of government agencies that oversee items such as workers compensation, building permits, liquor licenses…

Constitutional Law - The body of law that outlines the manner in which a nation is governed and the rights and freedoms of its citizens.

Question 10

List and describe 6 areas of private law.

Answer 10

Tort Law - The area of law dealing with individuals or groups suing others for compensation for harm caused.
Family Law - The branch of law that deals with matters relating to the family, such as divorce and child custody.
Employment Law - The area of law that governs the employer and employee relationship.
Contract Law - The area of law that deals with legally binding agreements between individuals or groups.
Wills & Estates - The area of law dealing with the distribution of assets after death.
Property Law - The area of law that governs the ownership of property (land and personal property).

Question 11

The legal inquiry process is a method of thinking about and investigating legal issues. Describe the 5 main steps of the legal inquiry process.

Answer 11

Formulate questions - Good questions:
Gather and organize relevant/credible information from primary and secondary sources
Assess the credibility and relevance of the information gathered
Analyze the information
Use critical thinking to draw conclusions and to make decisions

Question 12

There have been many historical influences upon the Canadian legal system. The Magna Carta is a very important one. Explain what it is and why it is of importance.

Answer 12

Magna Carta - The Great Charter that was agreed upon by King John of England in 1215 that established rule of law and many other fundamental aspects of our legal system.

Rule of Law - The law applies to all, the law is not arbitrary in nature and is necessary to regulate society.

Question 13

Describe 3 fundamental aspects of Rule of Law.

Answer 13

The law applies to all, the law is not arbitrary in nature and is necessary to regulate society.

Question 14

Another important influence upon the Canadian legal system is the British concept of Common Law. Explain what this is. Be sure to describe the concept of precedents in your answer.

Answer 14

Common Law - Common law is a body of unwritten laws based on legal precedents established by the courts (judges). Common law influences the decision making process in unusual cases where the outcome cannot be determined based on existing statutes or written laws.

Precedents - A past decision in a case regarded as an example of how similar cases should be treated in the present and future. This helps create consistency and fairness.

Question 15

Laws often reflect the moral principles of society. Explain what moral principles are.

Answer 15

Morality - Principles regarding the difference between right and wrong or good or bad behaviour

Question 16

An important goal of law is to provide justice to all. Explain how the following principles contribute to achieving justice:

Answer 16

Impartiality - Lack of bias, equal and fair treatment.
Rule of Law - Law applies to all.
Equality - Having equal/fair status in rights and opportunities
Fairness - Impartial and just treatment or behavior without favoritism or discrimination.
Innocence Until Proven Guilty - The accused is assumed innocent of all charges until the prosecution has determined beyond a reasonable doubt that the individual is guilty.

Question 17

Explain the difference between equality and equity.

Answer 17

Equality means giving everyone the same thing regardless of need whereas equity involves treating people differently dependent upon need.

Question 18

What is the SIU? Why was it created and what important principles of justice does it help protect?

Answer 18

SIU - Special Investigations Unit - Civilian investigators that look into all cases of use of force by police to ensure that no laws were broken and authority wasn’t abused. Principles of justice that it helps protect include rule of law and impartiality.

Question 19

What is legal jurisprudence? Explain.

Answer 19

Legal Jurisprudence - The philosophy of law, “the study, knowledge or science of law

Question 20

There are many different thoughts or approaches regarding legal ideas and thoughts. Describe the following legal theories:

Answer 20

Legal Formalism - A theory of law in which judges apply the law as it is written with regards to the facts and not in regard to social and political institutions.

Spirit of the Law - The intended meaning of the law should be considered not just the literal interpretation.

Sociological Jurisprudence - Judges are able to decide on a case but must also consider the impact/consequences of their decision on society.

Legal Realism - According to this theory, judges consider not only abstract rules, but also social interests and public policy when deciding a case.

Popular Morality - Justice should reflect the will of the majority - laws should reflect the impact of the majority.

Critical Legal Studies - Law reflects the biases of powerful social groups and judges and the things they value. The law is not neutral or value-free; rather it is about value choices

Natural Law - A belief that there are unchanging moral principles that apply naturally to all human conduct e.g. Murder is wrong.

Legal Positivism - A belief that the law is simply what is written/legislated.

Question 21

Explain the difference between an International Body and an NGO. Provide an example of each.

Answer 21

International Body - An organization or entity that is active and internationally supported by multiple nations/governments e.g. United Nations, World Trade Organization, INTERPOL…

NGO - A non-profit, citizen based group that functions independently of government e.g. World Vision, Amnesty International, Oxfam International

Question 22

We viewed a video that discussed the trolley car scenario and the medical scenario where one had to choose between some various options regarding the number of people that would be impacted by a tragedy. The reasoning provided was divided into two main categories of thought - consequential reasoning and categorical reasoning. Explain these two philosophical approaches.

Answer 22

Consequential Reasoning - An action that brings about more benefit than harm is good, while an action that causes more harm than benefit is not. The most famous version of this theory is utilitarianism.

Categorical Reasoning - The reasoning that some things are simply categorically - absolutely and unconditionally wrong regardless of the circumstances.

Question 23

Law is a field that is continually evolving. Explain 2 laws that have changed over your lifetime. List 3 groups that contribute to laws changing.

Answer 23

Cannabis Laws
Medically Assisted Death Laws
Stunt Driving Laws
COVID related Laws

Groups that influence laws changing: Judges, Lobby Groups, Social Action Groups, Voting Citizens