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Legal Studies > Midterm > Flashcards

Midterm Flashcards

1
Q

LAW

A
  • Rules to abide by
  • Geographically situated
  • Regulates human behaviour
  • Helps us to discover what is right and wrong
  • Change depending on values
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2
Q

JUSTICE

A
  • Fairness for all
  • Discovering the truth
  • Depends on political stance, values, and morals
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3
Q

IS LAW ALWAYS JUST?

A
  • No
  • Law is not universal, and does not cover the full spectrum of human behaviour
  • Laws can be made by fallible legislators (bias)
  • Laws are often applied differently to certain people
  • Law and ethics is not the same
  • There is a monetary bias in the legal system
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4
Q

NATURAL LAW

A
  • Made up by Thomas Aquinas
  • Based on religion
  • First pillar of law, and instinctual to human beings
  • No written or formal code
  • Fundamentally connected to equality and justice
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5
Q

LEGAL POSITIVISM

A
  • Second pillar of law
  • Made up by a sovereign
  • Derives from scientific positivism (what you can see, feel, etc.)
  • Pushes morality aside
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6
Q

WHO MAKES LAW?

A
  • Originally it was God, and appointed royalty
  • The Magna Carta was made to regulate authority
  • In modern law, lawmakers are democratically elected officials
  • They debate in the House of Commons
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7
Q

JESUITS

A
  • Arrived in Canada is 1608
  • Shocked by the Indigenous peoples
  • Began missions to Christianize Indigenous communities
  • Believed in heaven and hell, sin and guilt, eternal punishment, and they had a patriarichal structure which was the opposite of the Indigenous communities
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8
Q

PUNISHMENT

A
  • The consequence of wrongdoing applied by authority (sentence to jail)
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9
Q

MODERN PUNISHMENT

A
  • Fines
  • Probation
  • Community service
  • Mandatory counselling
  • Indigenous healing lodges
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10
Q

CAPITAL PUNISHMENT

A
  • Influenced by punishment in France
  • Exercising political power
  • For the government, it was cheaper to use fear to control
  • The belief in human depravity justified repression and harsh sentences
  • Brutality not only was rooted in a notion of human nature and a fear of social disorder, it also compensated for police inefficiency
  • In moving toward modern law, capital punishment was taken out as this was no longer seen as God’s will
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11
Q

RIGHTS

A
  • Defined conditions and protections that can be breached or taken away by others (government)
  • Everyone has rights to life, liberty, security of person, challenging authority, freedom of speech and religion, no discrimination, etc.
  • There are constitutions to uphold our rights
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12
Q

INDIGENOUS RIGHTS

A
  • North America was colonized and the British and French were fighting over territories
  • Both sought allies with Indigenous nations, but after the British won the war, they did not uphold their promises
  • Treaties were signed which gave Indigenous peoples certain land
  • Some places (like BC) do not have treaties which has led to issues
  • British imposed their government onto Indigenous peoples, and did not see them as persons
  • This led to residential schools (forced assimilation)
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13
Q

JUDGES

A
  • A public official appointed to a court of law
  • They form opinions and decisions about cases
  • Suppose to ensure equal access to the law
  • There is an issue with impartiality because judges can be biased
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14
Q

BIAS

A
  • Unconcious bias is when we make judgements based on prior experience, but we are not aware that we are doing it
  • We usually have positive biases towards our ingroups, and negative biases to those outside our groups
  • Biased judges can influence legal outcomes
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15
Q

COURT

A
  • A place where legal judgements are made

- Judges listen to disputes and try to come to fair conclusions

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16
Q

JUDICIAL INTERPRETATION

A
  • Judges can use various ways to interpret the law
  • Textualism is interpreting legislation by the words in the statute alone
  • Originalism is when judges try to interpret the text by considering about the intent of who originally wrote it (subjective)
  • Contextualism is when judges consider the text, but also the purpose of the law and the context of the situation (values and morals of society)
17
Q

JUDICIAL REVIEW

A
  • When the supreme court analyzes a decision made by an administrative tribunal
  • This is not an appeal
18
Q

LAWS AND CONSTITUTION

A
  • Looking at actions and making sure they are consistent with the constitution
  • Look at the purpose of the law and the effect of the law and then make changes based on that
19
Q

LAWS AND CHARTERS

A
  • Must first define the meaning of the right and then determine if the right has been violated
  • The government has to determine if the law is justifiable in a democratic society
20
Q

JUDICIAL ACTIVISM

A
  • Believe legal reasoning is malleable rather than scientific
  • There are no “right” answers
  • Considers societal values/morals and social justice
21
Q

CHAMPIONS OF SELF RESTRAINT

A
  • Skeptical and believe laws have fixed meanings

- Seek to separate powers and the democratic process

22
Q

JURIES

A
  • People are randomly selected to sit on a panel and judge criminal cases
  • Long process to pick a jury due to human fallibility
23
Q

VOIR DIRE

A
  • Process of questioning jury members to determine eligibility
  • Trying to find the presence of bias
24
Q

CHALLENGE WITH CAUSE

A
  • Eliminating a jury member based on eligibility (not over 18, not a citizen), or because they cannot be impartial
25
Q

PEREMPTORY CHALLENGES

A
  • Eliminating a jury member for no particular reason
  • Usually it is based on “unfavourability to the case”
  • Can be used to eliminate people and “stack” the jury so that the jurors are more favourable to the defense or prosecution
  • Even though it is not to be used to eliminate anyone based on discrimination, this still happens
26
Q

CONFIDENCE HEURISTIC

A
  • People are more likely to believe someone who is confident when displaying evidence, even if the evidence is wrong
27
Q

CANADIAN CHARTER OF RIGHTS AND FREEDOMS

A
  • Fundamental freedoms such as freedom of religion and freedom of speech
  • Democratic rights such as the right to vote
  • Mobility rights such as right not to be banished, right to move around freely in the nation, and right to leave
  • Legal rights such as right to liberty, right to know why you are being arrested, and right to a lawyer
  • Equality rights
  • Offical languages of Canada
28
Q

BILL C-279

A
  • Gender Identity Bill
  • Last introduced in 2011
  • Gender expression was previously not protected in the charter
29
Q

BILL C-16

A
  • Amendment of the Canadian Human Rights Act to include gender identity or expression
  • Was exceptionally controversial because people thought this bill was unnecessary as sex is already included
30
Q

ZOMBIE LAWS

A
  • Laws that have been struck down in the Supreme Court but still remain in the criminal code
    EX:
  • Blasphemous libel (profane talk, especially about God)
  • Alarming her Majesty
  • Making a reward with no questions asked
  • Provoking a person to fight in a duel
  • Crime comics
  • Erectile dysfunction ads
  • Witchcraft
31
Q

Henry Morgentaler

A
  • Survivor of holocaust who came to Canada and became a doctor
  • He was a pro-choice advocate who preformed abortions even when it was illegal
  • Used his privilege as a white educated man to overturn the ban on abortions
  • Case related to who makes laws and how laws do not always reflect everyone’s morals and values
32
Q

Sativa Halappanavar

A
  • Pregnant woman in Ireland who started experiencing abdominal pain
  • Found that she had sepsis, but abortion was banned at the time, so the doctors let her have a natural miscarriage
  • Sativa died, and the outrage sparked an overturn of the ban on abortions in Ireland
  • Case related to who makes laws and how laws do not always reflect everyone’s morals and values as well as is law always just?
33
Q

Kalief Browder

A
  • 16 year old boy who was accused of stealing someone’s backpack
  • Was sentenced to 3 years in solitary confinement
  • Eventually the case was dismissed and he was allowed to go home, but he died by suicide not long after
  • Case related to is law always just?
34
Q

Anne de Brueil

A
  • She killed, stole, and seduced
  • Was punished through being branded by this flower symbol and then decapitated
  • Case related to capital punishment
35
Q

MICHEL FOUCAULT

A
  • Believed that punishment was an exercise of political power and of social dominance
  • Believed that punishment is an intimidating display of the state’s power
  • Case related to capital punishment
36
Q

PURPOSE OF SENTENCING

A
  • To denounce the unlawful conduct and harm to the victim
  • To discourage the offender and others from committing such crimes
  • To separate offenders from society when necessary
  • To assist in rehabilitating the offender
  • To provide reparations for harm done to the victim and the community
  • To promote a sense of responsibility in offenders and acknowledgment of the harm done
37
Q

RAINA EL-ALLOUL

A
  • In courtroom she was asked to take off her hijab or the judge would not listen to her
  • Judge said that the courtroom is a secular place
  • The judge was using the law to uphold inequality
  • This was appealed and Raina won under freedom of religion
  • Case related to Canadian Charter of Rights and Freedoms
38
Q

CONVENTIONS VS DECLARATIONS

A
  • Declarations are not legally binding (declaration of human rights)
  • Conventions are suppose to be legally binding (UN convention rights of the child)

Legal Studies (1 decks)

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