test #1 (terms and past cases)

Question 1

what is the definition of law?

Answer 1

law is a system of rule-making whereby human activity is categorized and governed

Question 2

what is jurisdiction?

Answer 2

a scope or extent of authority to make legal decisions, or a system of law courts or a system of law-making

Question 3

what are holdings?

Answer 3

is a courts answer to a question of law

Question 4

what is judgment?

Answer 4

what the court orders to happen because of their findings

Question 5

what are 3 important doctrines in CYS 2212?

Answer 5

procedural fairness, fiduciary duty, and parens patriae

Question 6

what is procedural fairness?

Answer 6

the right to; an unbiased decision maker, information, be heard, timeliness, reasons for decisions

Question 7

what is fiduciary duty?

Answer 7

requires the trustee to defend the interests of the beneficiary

Question 8

what is parens patriae?

Answer 8

authorizes courts to intervene in the interest of dependents even if there is no statue or policy instructing them to do so

Question 9

what is guardian litem?

Answer 9

appointed by the court to advocate for the best interest of the child or the dependent before the court

Question 10

what is sovereignty?

Answer 10

is the ancient power to command obedience on the threat of death

Question 11

what is govermentality?

Answer 11

the art of managing life by framing the choices of free subjects

Question 12

what is eugenics?

Answer 12

the application of breeding practices on humans

Question 13

what is power/knowledge?

Answer 13

refers to the production of truth or a regime of the truth, law as a tool of social control and constructed knowledge

Question 14

what is material error?

Answer 14

to forget, ignore, or misread evidence- the basis for reversing a trail decision or ordering a new trail

Question 15

what is custody?

Answer 15

decision -making responsibility

Question 16

what is access?

Answer 16

parenting time

Question 17

what is the BIC

Answer 17

Canada’s provincial and federal statues to define how courts, protection agencies and various health and human services protect children

Question 18

what are the 3 fold aspects?

Answer 18

substantive right to provision and protection, interpretive principle, rule of procedure; granted children participatory rights

Question 19

what is the hague convention?

Answer 19

the remedy for wrongful removal

Question 20

what is a habitual residence?

Answer 20

lived with both parents, where the child lived before the application of return

Question 21

the CCAICA has 6 exceptions, which articles are they?

Answer 21

article 4, article 12, article 13a, article 13b, article 13b, article 20

Question 22

what does article 4 say? (#1)

Answer 22

when the child reaches the age of 16 years old

Question 23

what does article 12 say? (#2)

Answer 23

the child has lived in the place of wrongful removal for one year

Question 24

what does article 13a say? (#3)

Answer 24

the person seeking return was not excerising their right of custody

Question 25

what does article 13b say? (#4)

Answer 25

where return would put the child a grave risk of physical and psychological pain

Question 26

what does article 13b say? (#5)

Answer 26

child objects return and is at the age and level of maturity

Question 27

what does article 20 say? (#6)

Answer 27

if the state finds that the return is impermissible by the fundamental human rights and freedoms

Question 28

what does ideology mean?

Answer 28

a system of beliefs shaping law and policy

Question 29

what is the theory of racial socialization?

Answer 29

the idea that race and culture should be factors in the child's upbringing

Question 30

what is colourblindess?

Answer 30

the colourblind approach often ignores the lived experiences of radicalized individuals and the systemic inequalities that persist in society (race should not be acknowledged in decision-making)

Question 31

what is the maximum access principle?

Answer 31

ensures that children spend the most time with both parents

Question 32

what is the CRC s.12?

Answer 32

right to be heard

Question 33

what is legal coverture?

Answer 33

the historical principle that a married woman's legal identity merged with her husbands

Question 34

what are the 2 approaches to habitual residence?

Answer 34

1. parental intent approach (subjective) 2. child-centered approach (objective)

Question 35

what was Donald E. Zarfas Discovery?

Answer 35

he played a role in exposing unethical eugenics practices in Canada his findings were instrumental in revealing forced sterilization policies and highlighted that there is a lack of legal protections for people with disabilities

Question 36

what is baker v. Canada

Answer 36

a Jamaican woman, lived in Canada illegally for over 10 years with her Canadian born children this expanded procedural fairness in Canada

Question 37

what is buck v. bell?

Answer 37

the state wanted to sterilize her under eugenics laws, this case was used to justify forced sterilization programs led to thousands of forced sterilizations, mostly targeting women, people of color and the disabled

Question 38

what is in re grady?

Answer 38

mentally disabled women, parents want to sterilize her this case helped protect mentally disabled individuals from forced sterilization

Question 39

what is muir v. alberta?

Answer 39

she was sterilized under alberta's eugenic program, she was falsely labeled as mentally defective and sterilized without her knowledge in the 50's this case exposed Canada's eugenics history

Question 40

what is young v. young?

Answer 40

divorced couple who had joint custody, the father was involving his children in religious activities, while the mother objected (harmful) this case shows the limited role of courts in religious disputes

Question 41

what is gordon v. goertz?

Answer 41

mother wanted to move from Saskatchewan to Australia, father objected as it would limit his access key case for parental mobility and relocation

Question 42

what is thomson v. thomson?

Answer 42

father in Manitoba was granted custody, the mother took the child to Scotland in violation of a custody order this case clarified habitual residence and wrongful retention

Question 43

what is willick v. willick?

Answer 43

father wanted to reduce child support after the child refused to see him this case prevented parents from using support as leverage

Question 44

why is the mader v mccormick important?

Answer 44

when discussing the role of children's voices in custody disputes

Question 45

what is the significance with the lawyer v. blaev ?

Answer 45

this decision aligned Canadian law with international standards, promoting a more holistic and flexible approach

Question 46

what is retroactive child support?

Answer 46

happens when a parent failed to pay support or underpaid in previous years, the court determines that they should compensate for those missed payments

Question 47

what is a statute?

Answer 47

written law enacted by a legislative body, known as acts or legislation and serve as the foundation for legal rules and government authority

Question 48

what do federal statutes apply to?

Answer 48

nationwide

Question 49

what do provincial statutes apply to?

Answer 49

within a specific province

Question 50

what is common law?

Answer 50

common law develops through court decisions

Question 51

what is stare decisis?

Answer 51

courts follow precedent (they apply past decisions in similar cases) the lower courts must follow the decisions made by higher courts in their jurisdiction