Gr. 12 Law – Chapters 1-3

Five factors that drive law

change relating to birth and death rates or to trends in immigration, education and employment

number of people trying to influence legislators on behalf of a particular cause or interest.

formulated in the Magna Carta in 1215

the judges and courts of the country function independently of the other branches of government

type of law developed in England that is based on following previous judicial decisions and is common to the people of a country

laws passed by legislatures

an organization created for a specific purpose

an organization that represents a particular group of people on a permanent basis and has more than one purpose or goal

someone who is appointed by the government to investigate and report on a particular issue

an individual, agency, or group of people not directly involved in a case but who, as a third party, has a special interest in its outcome

a factor that clears a defendant of blame

legal decision that is taken as a guide for subsequent cases

a peaceful form of protest by which a person refuses to obey a particular law as a matter of conscience

a former policy of the South African government that involved discrimination and segregation directed against non-whites

is usually punished with jail sentence; criminal vs. constitution/administrative law; cited: R vs. accused (defendant)

is conflict resolution - involving money; between individuals; barely any criminal acts; cited: plantiff vs. defendant

is law that defines the rights, duties and obligations of citizens and government.

is law that prescribes the methods of enforcing the rights and obligations of substantive law

are: constitutional (charter), administrative (Ministry of Labour) and Criminal Law

government vs.

government or government vs. person.

tort law (wrongdoing), contract law (agreements), family law (marriage/divorce, custody), labour law (employment, employee/employer rights), and property law (real estate).

are parts of a legal system that have the longest historical development and represent the system's cumulative values, beliefs and principles.

Religion & Morality, Historical Influences, Influence of Customs & Conventions, and Influence of Social & Political Philosophy.

laws have played an influence in Canadian laws

Citizen participation (Section 3 of the Charter - right to vote) and trial by jury (Section 11 of the Charter - right to trial by jury)

a systematic collection of laws, written down and organized into topics.

the use of codes - Canadian Criminal Code - and the use of lawyers

a long-established way of doing something that, over time has acquired the force of law

is a way of doing something that has been accepted for so long that it amounts to an unwritten rule.

current laws that enshrine a society's values in written rules and regulations that have been formulated by legislators and judges.

in Canada are the constitution, statute law, and case law

is the body of written and unwritten laws that set out how the country will be governed. This type of law sets out the distribution of powers between the federal government and the provinces and embodies certain important legal principles.

is the principle that Parliament has the supreme power of making Canadian laws.

means to act beyond one's power under the constitution

means to act within one's power under the constitution

means to stand by the decision which, in law, means that a precedent must be considered when ruling on a case with similar circumstances

law that has jurisdiction in more than one country

the philosophical interpretation of the meaning and nature of law.

the theory that human laws are derived from eternal and unchangeable principles that regulate the natural world and that people can become aware of these laws through the use of reason

is the theory that law is a body of rules formulated by the state, and that citizens are obligated to obey the law for the good of the state as a whole

the process of clarifying an idea through discussion

believed in justice and obedience with the law, regardless of the circumstances

He believed that as a human being achieves justice through reason, the state achieves justice through law

believed that what sets humans apart from the rest of the world is their ability to reason (tell difference between good and bad) which is known as rationalism. He believed that the majority of people are ruled by their passions, and only law can make them good.

adapted Aristotle's thoughts into his own purposes and developed the four kinds of law

he believed that law maintained order and without law everyone would kill each other.

believed law should preserve natural rights like freedom to life, liberty and property

believed that the purpose of the law was to secure the happiness of the majority (utilitarianism) and he separated law completely from morality;

believed that people have different interpretations of what's wrong and right, therefore "set" laws needed to be established that had to be obeyed.

the theory that the law should achieve the greatest good for the greatest number of people

is the school of legal philosophy that examines law in a realistic rather than a theoretical fashion. It is the belief that law is determined by what actually happens in the courts as judges interpret and apply law.

the theory that law is an instrument of oppression by men against women.