Unit 1 Test Flashcards

(40 cards)

1
Q

Plato

A

Believed that laws must be universal to be moral.

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2
Q

Thomas Hobbes

A

Believed that humans are corrupt and without laws, we would live in constant conflict.

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3
Q

Aristotle

A

Believed justice could be discovered in a scientific manner.

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4
Q

St. Thomas Aquinas

A

Looked to the divine and the church for laws.

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5
Q

Henry David Thoreau

A

Wrote the influential essay titled Civil Disobedience.

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6
Q

Jeremy Bentham

A

Believed laws should be useful to the majority of society members.

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7
Q

Audre Lorde

A

Famous for the quote, “The master’s tools will never dismantle the master’s house.”

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8
Q

Cicero

A

Stated, “The good of the people is the chief law.”

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9
Q

Natural Law / Key philosophers

A

Law and morality are inseparable. / Plato, St. Thomas Aquinas.

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10
Q

Legal Realism

A

Laws contain the biases of lawmakers and judges; values are not universal.

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11
Q

Social Contract / Philosopher

A

People give up some freedoms in exchange for protection, forming the basis of cooperation in society. / Thomas Hobbes

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12
Q

Critical Legal Theory

A

The idea that “the master’s tools will never dismantle the master’s house.” It challenges the status quo of law. ( -Audre Lord)

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13
Q

Positive Law / Key Philosopher

A

Laws should be useful to society and enacted by government authorities. / Jeremy Bentham

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14
Q

Legal Paternalism

A

The state should interfere in people’s personal lives for their own good.

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15
Q

Rationalism / Philosopher

A

Using logic and observation to govern and make decisions. / Aristotle

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16
Q

R v Dudley and Stephens

A

The crime committed was murder

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17
Q

United States v Trump

A

Guilty of fraud

18
Q

People of California v Turner

A

Judge and defendant attended same university

19
Q

People v Zimmerman

A

The ‘stand your ground’ defense used to defeat police brutality cases.

20
Q

ICC v Netanyahu

A

War crimes in Palestine (attacking civilian pop.)

21
Q

Greensboro Sit-in

A

Civil rights movement led by Black students to protest segregation in restaurants.

22
Q

Murder

A

The unlawful killing of another person with intent.

23
Q

Universal

A

True across time, space, and culture.

24
Q

Civil Disobedience

A

Refusal to comply with laws to protest perceived injustices.

25
Affluenza
A condition where excessive wealth impairs an individual’s understanding of social realities and consequences.
26
Actus Reus
The physical act of committing a crime
27
Mens Rea
The mental intent or knowledge involved in committing a crime.
28
Jurisdiction
The authority of a court or legal body to hear and make decisions about legal cases.
29
Stare Decisis
The doctrine that courts should follow precedents.
30
Customs
Traditions or practices that are so fundamental to society they become laws.
31
Primary Sources
Religion, philosophies, and historical events that influence law.
32
Secondary Sources
Commentaries, legal textbooks, and articles that interpret and analyze laws.
33
Categories of Law
Includes statute laws, case laws, and constitutional laws.
34
Magna Carta
English document that influenced major legislation and constitutions worldwide.
35
Canadian Charter of Rights and Freedoms
Guarantees Canadians their fundamental rights.
36
Constitution Act
Became law in Canada in 1982.
37
Jurisprudence
The theory or philosophy of law, examining questions about justice and the impact of laws.
38
Rule of Law
A principle that laws should govern a nation, as opposed to being governed by arbitrary decisions of individual government officials.
39
Common Law
Legal system based on judicial decisions and precedents, originally from England.
40
Bilingual and Bijural
Refers to the use of both English and French, and both common law and civil law in Canada.