Lwso 203 > Midterm 1 > Flashcards

Midterm 1 Flashcards

(95 cards)

Study These Flashcards
1
Q

What is law and society?

A

multidisciplinary study of the relationship between law and society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Why is the definition of law highly disputed?

A

It is not observable, it is unclear in nature

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Definition of Law

A

Set of rules and regulations governing a society

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Modern Law is what two things?

A

Explicit - clear, codified
Binding - materially enforceable

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Is social law binding or non-binding?

A

Social law is non-binding, and is socially enforced (like becoming an outcast)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Definition of society

A

ordered web of ties that includes relationships and institutions
contains a social system, but is beyond it

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is an institution?

A

anything that shapes, constrains or guides human behaviour
institutions are structures

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is the structure agency debate

A

institutions are not agents
institutions do not make the rules
agency has will to make decisions
the law itself is not an agent

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Hard vs Soft power

A

hard power would be coerce (police force with weapons)
soft power would be to persuade (such as an instructor guiding belief)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Three kinds of power

A

Instrumental - hard power
Ideological - soft power
Structural - blantant powerW

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is an example of Structural power in alberta?

A

oil companies, politicians and policy makers must respect their desires

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Four functions of the law

A

Dispute resolution
Social control
Social change
Justice

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

What is justice?

A

To give each person their due, however this is very dependant on interpretation

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what is theory?

A

set of assumptions of how thins work
it is falsifiable
needs possibility of being wrong

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

liberalism

A

individual freedoms are morally right, dominant political philosophy in modern history

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what perspective is “an unjust law is no law at all”?

A

legal naturalism

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Natural law

A

there is universal, absolute law (morals)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

What is legal positivism

A

what is right is what is lawful

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

social contract

A

benifits everyone, involves social deterance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

legal realism

A

focuses on understanding legal outcomes
big emphasis on analysis

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

marxism

A

historical materialism, emphasis on economic determinism and class relations

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
22
Q

critial legal theory

A

anything about power is critical legal theory
views power as embedded in the legal system

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
23
Q

Carter V canada

A

Maid, charter challenge to existing maid law

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
24
Q

Liebeck vs McDonalds

A

Product liability case
negligence / punitive damage
mcdonalds was in bad faith -> Liebeck got more money than requested

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
25
R v. Big Man Drug Mart
challenge the 1907 lords day act, work on Sundays no law can violate constitutional law
26
R v. Zundel
Charter challenge in 1992 criminal prohibition on fasle news false news is different than hate speech
27
Medieval law
1215 magna carta -> first precursor to modern day notions of rule of law
28
16-19 century transition to modern formal law
coincided with enlightenment, industrialization and European colonialism precursor to UN
29
Indigenous law in canada
Not sovereign legally canadian law is resistant to indigenous orders canadian law has left limited space for ingidenous law
30
royal proclamation of 1763
transferred french territory to the british, ended 7 years war gave legal protections for french in quebec
31
1774 quebec act
gave rights to roman catholics and french language
32
The constitution act of 1791
divided Canada into upper and lower Canada created diff branches of gov
33
1840 act of union
created united province of canada
34
patriation of canada happened when?
1982 gave Canada full sovereignty
35
british north america act
1867
36
Public law
area of law concerned with public interest -Constitutional law, criminal law, taxation law
37
Private law
area of law concerned with legal disputes between individuals tort, family, contract coexists with public law
38
Substantive law
what is law about, what you can or cannot do
39
prodecural law
law proceedings how of the law, legal process
40
Sources of canadian law
Legislative law/statutory law: foundation of law Case law/judicial decisions: common law customs / books of authority
41
Branches of government
legislative executive judicial
42
legislative gov
creates and changes law
43
executive law
executes law and policies Easy in canada to remove executive
44
Judicial law
implements law and dispenses justice
45
Why do we have 3 branches of gov?
Checks and balances, keeps eachother honest
46
Statutory law
dominant form of law in canada created by legislature static
47
case law
involves judicial precedents
48
Structure agency debate
institutions are structures, dont make decisions agents make decisions, can exist in structures
49
hard power
instrumental, coercive
50
soft power
persuasive, ideological
51
structural power
latent, how people are positioned to one another
52
legislative process
may involve horse trading bills are introduced for first reading, second reading, debate, committee review and then third reading
53
Bcameral legislature
2 bodies (HOC, Senate) Slows down decision making process Not subject to political pressure
54
What does R stand for in R v person
rex regina crown
55
CCC?
where it was pulled
56
Custom
Source of law derived from customary practice lots of customs in indigenous law
57
drug laws in canada
1908: prohibition of importing, processing, and selling opium for other than medical purposes 1911: opium and drug act: influenced by a book of authority 1961 narcotic control act 1997 controlled drug and substances act 2012 safe streets and communities act 2017 cannabis act Legal to use, illegal to possess
58
Contract
binding formal agreements
59
covenant
social aspects in legal relations
60
constitutions
the foundational charter and supreme laws that form the basis of a legal system and political society
61
Features of a constitution
any length written or unwritten difficult to change amendment process omits political structures and legal processes
62
Diffusions of powers
checks and balances
63
Vertical diffusion of powers
hierarchy federalism legal authorities differed to higher ups
64
Horizontal diffusion of powers
no hierarchy equal power keeps one another in check
65
unitarianism
a political system with no subnational governments possessing delegated authority or jurisdiction
66
asymmetrical decentralization
different regions have diff levels of power (provinces more then territories)
67
Federalism vs unitarianism
Multiple levels of gov for fed unitar is no subnational government
68
1764 royal proclamation
first identification of indigenous rights french to uk
69
1931 statute of westminster
british recognition of indigenous rights transfered over to canada
70
Constitution act SECTION 38
7 provinces who represent 50% of canadians needed
71
Constitution act SECTION 41
to sever relation with crown, every province must agree
72
British north america act
established canada as a federal state
73
Section 91 of BNAA
gives residual power to federal gov if not specified
74
Section 92 of BNAA
outlines provincial jurisdiction
75
Section 36(2) of BNAA
equalization payments
76
Prior to charter
1960 bill of rights, parliament over judicial review protect certain rights and freedoms
77
R v Drybones
pre charter predecessor to judicial review federal vs indigenous rights
78
section 1 charter
limitation clause charter rights are protected but not absolute makes sec 33 posible
79
Sask vs Whatcott
sask had limits on free speech, supreme court ruled with sask hate speech limiting more important than free speech allowing
80
Section 2 charter
fundemental freedoms
81
sections 3 5 6 charter
basic rights
82
section 7-14 charter
legal rights of canadians
83
sec 15 charter
legal equality rights
84
sec 16-23 charter
minority language rights
85
sec 24 charter
powers of court to exclude certain evidence
86
sec 25-34 charter
application of charter
87
sec 32 charter
procedural
88
Sec 33 charter
notwithstanding clause allows province to enact laws that conflict with charter
89
r v morgentaler
abortion legality, first major charter challenge 1988
90
emergencies act
war measures act, forces people to act in crisis
91
quebec rejection of constitution act
Never approved the act Still applies to quebec 9/10 provinces was enough 1987 meech lake accord and charlottetown accord didn’t work
92
R v Oakes
innocent until proven guilty determines necessity and proportionality reverse from 61 narcotics control act (had to prove ones innocence)
93
R v Sparrow
illegal fishing net even though it was his indigenous rihgt said it violated his charter section 35 right
94
Quebec secession reference (1998)
Applies to all provinces Quebec needed a referendum and negotiations with fed gov to separate and fed gov did not need to agree
95
American constitution
Adopted in 1787, effective in 1789 Oldest living written constitution 27 amendments 1st: free speech 2nd: right to bear arms Amendment process: ⅔ of congress and ¾ of state legislatures Difficult to change
Lwso 203
flashcards
Decks in class (3)
# Cards
Brainscape helps you reach your goals faster, through stronger study habits.
© 2026 Bold Learning Solutions. Terms and Conditions