Rule of law mid-term

Question 1

Canadian political structure:
1. relevance to the criminal justice system (CJS)

Question 2

Canadian political structure:
2. Democracy

Question 3

Canadian political structure:
2. Democracy
- Political pluralism
-Transparency
-Popular participation
-Rule of law
-Accountability

Answer 3

-center of power independent from government
-Info available on gov. activity
-citizens vote + run for office
-Set of laws known by all and applies to all
-responsibility to citizens and state intuitions (courts)

Question 4

2. Democracy
   Rule of law:

Answer 4

• set of laws applies to everyone
  -constitution: key document part of law in Canada
  it limits gorv. power, grant rights citizens
  relies on a judiciary

Question 5

2. Democracy
   Accountability:

Answer 5

-ability to check + charge gov.

Question 6

Canadian political structure:
3.Parliamentary system.
origins + separation of powers

Answer 6

Western origins
separation of powers
- Executive (prime minister…)
- Legislative (write the laws)
- Judiciary (courts)

Question 7

3 levels of courts:
From more to less power

Answer 7

1.supreme courts of canada
2. Appeal court QC
3. Municipal courts

Question 8

Canadian political structure:
4. Level of government (power distribution)

Answer 8

-Federal
-provincial
-municipal

Question 9

state:

Answer 9

-key institution in politics +enacts laws
-keep boarders safe
-keep monopoly of violence
- has gov. + establishes courts

Question 9

Canadian political structure:
5. Multicultural state

Answer 9

Recognition of all cultures in Canada

Question 10

types of justice (3):

Answer 10

1. Justice as welfare
2. Justice justcie of freedom
3. Justice as virtue

Question 11

types of justice:
-justice as welfare (utilitarian)
what welfare +utility = measure

Answer 11

welfare= prosperity/ utility
utility is a mesure of Well-being

Question 12

types of justice:
-justice as welfare (utilitarian)
school of utilitarian ()

Answer 12

• maximize pleasure + minimize pain
  -Consequentialist (care about end results not how you got there)
• Principle of utility: greatest happiness for greatest number of people
  -Quatification

Question 13

types of justice:
Justice of freedom what it is + 3 schools

Answer 13

Fundamental right to freedom
respect of freedom is paramount
1.School of livertarians
2. School of john Rawls
3. School of Emmanuel Kant

Question 14

types of justice:
Justice of freedom
school of libertarians (3)

Answer 14

1. minimum state intervention
2. self-ownership - no notion of equality
3. Free market

Question 15

types of justice:
Justice of freedom
School of Rawl (4)

Answer 15

1. Fair opportunity
2. Freedom
3. Protection of minorities
4. egalitarian

Question 16

types of justice:
Justice of freedom
School of Kant (3)

Answer 16

1. Truth = categorical imperative
2. Not let circumstances change mind
3. universal human rights

Question 17

types of justice:
Justice as virtue (2)
aristotle

Answer 17

1. encourage desireable values to live a good life.
   teleological : what is the purpose of things like grades?

Question 18

Fondations:
-rule of law (4 aspects)
necessaryfor what?
timely?
unrestricted power
known?

Answer 18

1.law necessary to keep peaceful order
2. known and applied to all equally
4. justice delivered timely + independently
5 no one have unrestricted power= protect minorities rights

Question 19

Fondations:
-history
1. english magna 1
2. glorious revolution 2
3.Canadian constitution 3

Answer 19

1. 1215 - origin rule of law
   - no one above the law
2. established parliament as ruling power+ bill of power
3. primary law of Canada, guarantees rights

Question 20

Fondations:
-the law (5)
fondations what?
balance…
prevent…
carry out..
protect

Answer 20

1. Foundational to enact key values (rule of law, freedom, democratic principles…)
2. Balance rights + responsibilities (freedom speech/movement,voting…)
3. Prevent arbitrariness + chaos (settle disputes, safety and peace…)
   4.Carry out social policy (code du travail, unemployment benefits…)
   5.Protect individuals freedom + equality

Question 21

The law:
Historical developments:
(4)

Answer 21

1. code of hammurabi
2. Mosaic law
3. Greek law
4. Roman law

Question 22

The law:
Historical developments:
- code of hammurabi (3)

Answer 22

-codified of stones
-retributive sentences: punishment rather than reparation
-inequality btw individuals

Question 23

The law:
Historical developments:
Mosaic law (2)

Answer 23

-10 commandments
-restitutive sentences: idea of paying back to victim/restoring

Question 24

The law: Historical developments: Greek law (1)

Answer 24

-Intro of jury to determine guilt/innocence

Question 25

The law: Historical developments: Roman law (3)

Answer 25

- Jurisprudence: law/decisions recorded for consistency - teams of judges -apperance legal experts (lawyers)

Question 26

Legal traditions: -Bijural country

Answer 26

under 2 different systems during history

Question 27

Legal traditions: -Common law (4) made by... (jurisprudence) hierarchy crimcrim

Answer 27

1.judge-made laws 2.state decisis: future decisions based on precedents decision (jurisprudence) 3.hierarchy of courts: higher courts ruling carry more weights 4. criminal law Canada= common law

Question 28

Legal traditions: -Civil law (2) ...laws first, second

Answer 28

1. Written laws 2. Civils codes first, then jurisprudence

Question 29

Types of laws: 2

Answer 29

public private

Question 30

Types of law -Public 1. Constitution law (2)

Answer 30

-relation btw branches of gov. -limits gov. power (chart of rights...)

Question 31

Types of laws: -definition -Public (3)

Answer 31

- set of rules for relationships btw individual + society. 1. constitution law 2. criminal law 3. Administrative law

Question 32

Types of law -Public 2. Criminal law (2)

Answer 32

-crime is understood as wrong against society -deal with crimes+punishments

Question 33

Types of law -Public 3. Administrative law (1)

Answer 33

-deals with actions/operation of government (taxes, permits...)

Question 34

Types of law -Private (2) also called civil law

Answer 34

1. sets rules of conduct btw persons (family law, property law, contract law...) 2. settles disputes btw individuals

Question 35

Criminal law: Functions (4)

Answer 35

1.mechanism of social control 2. Determines acceptable behaviour (norm settings) 3. Reducing risk of personal retaliation :take justice their own hands 4. deterrence :discouraging people from committing crimes

Question 36

Criminal law: Principles (2)

Answer 36

1. presumption of innocence 2. components of crime -actus reus -mens rea concurrence

Question 37

Criminal law: Components of a crime -Actus reus (4) posc

Answer 37

-Physical act -omission to act -state of being: in your possession (like possessing drugs) -circumstances important

Question 38

Criminal law: Components of a crime -Mens Rea (4)

Answer 38

-necessary state of mind 1. intentional 2. wilful blindness (blindfulling yourself) 3. criminal negligence (what reasonable person should have known) 4.reckless behavior (when person know its dangerous, does it anyway)

Question 39

Criminal law: Components of a crime -concurrence

Answer 39

need for both mens rea and actus reus to be present for a crime to be considered

Question 40

Criminal law: Burden of proof (3)

Answer 40

-The crown must prove the accused guilty beyond reasonable doubt -defence raises doubts -balance of probabilities