Brainscape's Knowledge GenomeTM


Top Flashcards (Certified)
All Flashcards

school > law unit 1 > Flashcards

law unit 1 Flashcards

(50 cards)

Start Studying
1
Q

define law

A

a set of statutes and rules that individuals in a society are governed by or compelled to follow

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

define statue

A

laws that are enacted by elected representatives for the public at the federal or provincial level

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

define jurisprudence

A

the science of laws that deals with notions, concepts and principles of legal thought

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

define positive law

A

laws that were initiated by humans

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

define natural law

A

a set of ideals inflexble rules iof conduct and law that are universal and absoute and were not initated by humansbut by god

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

define impartial adjudicator

A

a judge and jury

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

define justice

A

has the right to present your case in front of an impartial adjudicator

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

define do-process

A

you have a right to a fair processing under the law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

define philosophy

A

the processing of critcal inquiry into a particular branch of knowladge thirugh the use of logic and reason

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

define critical inquiry

A

asking question and stating reason why

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

define self evident

A

self explanatory and needs no evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

define dictate to reason

A

laws are made so you can be destructive

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

define rights acts

A

laws that are in accordance with natural law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

define postivtism

A

metaphysical questions that are unanswerable and that the only branch of knowledge is scienticfic

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

theocracy

A

a form of government where the law of the state is the law of god

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

define long-standing customs

A

a way in which society behaves

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

define the constitution

A

the top of the legal pyramid and provides the basic building blocks for all other laws they gain their legitimacy from the constitution

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

ratio decidendi

A

a narrow rule applied to certain amount of facts becomes a legal rule with a wider application

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

order-in-council

A

most broad policy statement that governs a particular legal matter legislation provides the omitted things from the statute

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

civil liability

A

monetary compensation of another person who has suffered a violation of a private law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

civil law

Study These Flashcards
A

the law that governs the relationship between individuals when an individual commits wrongful conduct against another individual the remedy is monetary compensation or “damages”

22
Q

criminal liability

Study These Flashcards
A

conducts that lead to penal sanctions by the state

23
Q

criminal law

Study These Flashcards
A

the law that deals with the wrongful acts or omissions harmful to the state as a whole and which are punishable by the state

24
Q

procedural justice

applying the pricicpels of law

Study These Flashcards
A

the proper administration of the rules of proper conduct in this case justice is concerned with applying princicpals of the law rather than the nature and substance

25
Sovereignty
the principles with a nation or ruling body come to exercise supreme authority jurisdiction or power and affairs over the state
26
Internal Sovereignty
identifying the ultimate source of supreme power and authority within a nation
27
external Sovereignty
The idea is a nation is an autonomous (self-reliant) political social and cultural entity the state claims to have rights obligations and authority with respect to other nations
28
Utilitarianism
measures that benefit more people than they hurt
29
veto
power to overrule any decision
30
substantive justice
the criteria on which laws are based on the content of the laws itself
31
Statute of limitations
the timeline to file a lawsuit (one year)
32
what are the three things that jurisprudence allows us to achieve?
1. understand court decisions legal institutions and statutes 2. understand society's attitude toward the law 3. it gives us tools to predict the future of our legal thought
33
define laws as an instrument in society?
reflect our collective goals and values in society and protect our political rights and freedoms
34
define law as a mechainisms for resolving disputes
the law does not allow for vigilante justice courts are guided by laws to help settle disputes
35
define law protects our people's rights and properties
laws are useless unless they have a mechanism for enforcement
36
define law brings order in society
creates stability and predictability in a society
37
what are the 3 contexts of law? | law as a legal conpect laws as a legal system law is a set of rules
law as a legal concept law is accounted with qualities of justice, morality and equality it is either just or unjust laws as a legal system is a set of agencies, industries and procedures that perform a function in society law is a set of rules outline the rights and obligations and reflect our values, ideas and purposes of the state
38
primary sources of law | religoin customs and convections, social and political
religion Canada are based on judicial Christian heritage while some societies are based on theocracy customs and convictions long-standing customs and traditions that have been enshired as laws for the welfare of the state convictions and rules followed by individuals even though the court does not legally enforce them social and political changes in society and politics influence the judiciary and application of the law
39
secondary sources of law | constitutions, statues, acts and court desisions
the constitution is the top of the legal pyramid and is the basic building block for all laws and all laws get legitimacy from the constitution statues and acts laws that are enacted by elected representatives of the public at either the federal or provincial level court decisions a body of law created by a previous precedence this body has an enteral hierarchy and takes precedence over all other laws
40
how laws become statues
1. The bill gets passed 2. goes through three readings in the House of Commons if passed goes to the senate 3. if passed the government general or lieutenant signs it into law
41
what did Socrates believe in
(Natural) he wanted people to live the good life and to do that he people to question their values and beliefs so we can have our own and have a deeper meaning of life
42
what did Plato believe in
(Natural) he believed that all laws should have absolute, universal and eternal values even though humans couldn't achieve these truths our laws should reflect them
43
what did Arosotial believe in
(he believes that justice is within the grasp of humans cause they have the concept of reason and create laws suitable for them but can create the perfect standard through proper guidance
44
what did Cicero believe in
he believes in the unchanging and universal natural laws and "wise and intelligent men" can disobey them if they conflict with natural laws
45
what did Aquinas believe in | christain prophets
he believed laws were created by the natural world and were know to humans through revelation and christain prophets
46
what did Bentham believe in | authoirtive body
he believed laws were handed down by an authoritative body and passed down in the courts through judgment and in statutes laws are enforced with punhisments and restriction they are made for the most saitsifaction for the greatest number of people
47
what did Austin believe in
the social good is advanced through the law, individual morality has no place in law and is not judged on its quality but on how it controls society
48
who is Thomas Hobbes
He believes that a society without laws will create a solitary, nasty and brutish society and laws are needed to protect our political, social and economic objectives and provide mechanisms for resolving disputes
49
who is John Stewart mill | utilitarianism
He believes that justice was designed around utilitarianism and believed men were propelled to do good
50
who is St Augustine | Christian justice
Christian justice reigns supreme the church has a moral duty and authority to check the abuses of the government to exercise a moral veto over its action

school (14 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2025 Bold Learning Solutions. Terms and Conditions