Lesson 1

Question 1

What is law?

Answer 1

Study of system of rules that particular country or community recognizes as regulating the actions of its members

Question 2

What is social control and what are the forms of social control?

Answer 2

Certain set of rules and standard in society keeping individuals bound to convential standards
Law, manners, religion, secular morality, custom, politics, social coercion, force

Question 3

What characterizes law?

Answer 3

Equality, neutrality, force, morality, reason, retaining, flexibility, non-perfection, rule of law, publicity, non-retroactivity, notice

Question 4

What are statutes and who are they made by?

Answer 4

Pieces of paper that govern specific types of a policy sectors that either be for national or provincial laws
Made by legislature

Question 5

What are regulations and who make them?

Answer 5

Official rule, subsections of the legislation
Made by municipality, get power from the statutes

Question 6

What are the municipal by-laws and who makes them?

Answer 6

Law specific to particular city
Made under the authority of provincial states, made by municipality, get power from the statutes

Question 7

What is a system?

Answer 7

A coherent collection of parts where parts are related to each other and work together for the overall purposes of the system

Question 8

What are the three things included in the legal system?

Answer 8

The institutions
The players
The process that all are involved with

Question 9

Who are the representatives of the crown?

Answer 9

The Governor General and provincial lieutenant governors

Question 10

Who are the legislatures?

Answer 10

The federal parliament, and provincial and territorial legislatures

Question 11

Who are the executive?

Answer 11

Prime minister and federal cabinet and premiers and provincial cabinet s

Question 12

What do the judiciary courts do?

Answer 12

They interpret laws

Question 13

What are the legal processes seen?

Answer 13

Enacting legislation
Pass regulations and by-laws
Prosecution —> government against individual
Lawsuits —> private citizen vrs private citizen
Issue orders and directions
Decide cases at trials and on appeal
Make administrative decisions

Question 14

Who are the players in the legal systems?

Answer 14

Citizens
Executive branch
Bureaucracy —> drafts legislations
Lobby groups —> influence politicians
Courts/judges —> intrupet laws
Administrative tribunals/boards —> apply law
Lawyers —> asssit clients
Police and regulatory inspectors —> enforce
Legal philosophers —> theories
Law reform commissions, inquiries
Regulatory compliance managers —> enforce, comply

Question 15

What are the forms of justice?

Answer 15

1. Corrective
2. Distributive justice
3. Retributive
4. Procedural

Question 16

What is corrective justice?

Answer 16

Harm by one to another
Correct imbalance in relationship by taking wrong-doer’s and compensating victim
Basis of low of torts and contract law
“Commutative justice”

Question 17

What is distributive justice?

Answer 17

Fairness in allocation of things
“Distributive criterion” - stating everything can be distributed in society (money, status)
Distribution without established criterion is unfair
Basis of human rights
People judge what they think they receive

Question 18

What is retributive justice?

Answer 18

Punishment must fit law
Penalty should match seriousness of the wrong
Fairness in sentencing
Discipline in workplace

Question 19

What is procedural justice?

Answer 19

Fairness in decision-making
Unbiased adjudicator
‘Rules of natural justice” —> notice of hearing, chance to be heard
Basis of criminal and civil legal procedure
All public bodies must be fair in processes
Basis of the law of evidence

Question 20

4 different perspectives of law?

Answer 20

1. Moral
2. Economic
3. Political
4. Scientific

Question 21

What is moral perspective?

Answer 21

Law related to morality “justice”

Question 22

What is the 3 moral perspectives?

Answer 22

1. Natural law
2. Khantianism
3. Utilitarianism

Question 23

What is natural law?

Answer 23

People have ability to sense “the good”
Value friendship, life, health
Law should promote and protect human flourishing

Question 24

What is khantianism?

Answer 24

Consider actions, not consequences to determine what is right to do
Based on reason, not moral sentiments
Morally obligated by universal imperatives
1. No lying 2. No taking life 3. Treat people as ends, never as means
Respect people

Question 25

What is utilitarianism?

Answer 25

Consider consequences, not whether something is in itself right or wrong
The greatest good for the greatest number

Question 26

What is cost benefit analysis?

Answer 26

Form of utilitarian
1. Identify consequences of choices
2. Identify costs and benefits of consequences
3. Quantify
4. Chose option with greatest net gain

Question 27

What is moral theory?

Answer 27

1. Gives you the values, principles, rules and context for prescriptive reasoning
2. Sort conflicts between values and principles

Question 28

What is the economic perspective?

Answer 28

Allied with utilitarianism
Principles maximizing behaviour no demand and supply to institutions and behaviour in the political world
Laws sets conditions in which market can operate
Selfish individuals in markets, bargaining freely, ensure efficient distribution of resources, and society will be better off

Question 29

Criticism of economic perspective?

Answer 29

1. Markets never perfect
2. Pre-existing inequalities affect market outcomes
3. Conflict with moral perspectives

Question 30

What is workers compensation?

Answer 30

Processes compensation claims submitted by federal employers who have suffered a work-related injury or illness

Question 31

What is the public choice theory?

Answer 31

Economic approach to law and policy making
Only bargaining among interest groups for self-interested agenda

Question 32

What is the scientific perspective?

Answer 32

Scientific question will be resolved partially on policy grounds
1. Purely factual
2. Purely policy
3. Trans-scientific
4. Data incompleteness
5. Interpretation
6. Inferential