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30 Cards in this Set
- Front
- Back
Legal formalism |
Limited flexibility, body of rules created by legislators. |
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Popular morality |
Law should reflect the morals and beliefs of the majority of the community |
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Legal realism |
Judges make laws through precedents. Law is flexible |
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Spirit of the law |
Judges seek to understand purposes and values of the law in question |
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Sociological jurisprudence |
Law considers the outcome on society |
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Critical legal theory |
Law used by wealthy and powerful to oppress lower people in hierarchy |
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R V morgantaler |
Abortion laws violate women's right to security of person |
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United States V Burns |
Wanted in Washington for murder, asked Canadian govt to extradite Can't be extradited to places w death penalty |
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R V Ewanchuck |
Sexually assaulted prospective employee. Argued implied consent BC she didn't leave. Supreme Court determined implied consent not a valid defense |
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Vriend V. Alberta |
Fired when college found out he was gay, challenged Alberta HR legislation Supreme Court determined discrimination against gay ppl violated charter,forced Alberta to read in protection of homosexuals to HR legislation |
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Jane Doe V Toronto PD |
-Police failed to protect females in community from serial rapist |
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R v oakes |
Charged w drug possession & intent to traffic. Challenge with charter right to be innocent until proven guilty. |
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Sources of Canadian law |
Religion/morality- 10 commandments + lords day act. Historical influences- Greek democracy, Roman law, English jury. Customs and conventions- traditional rules acquire force of law Social + political philosophy- Civil and human rights, Ei, workers comp |
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Judicial independence |
Judges abulity to make Dec. Wo govt coercion |
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Parliamentary supremecy |
Parliament in charge of passing new legislation |
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Factors that drive legal change |
-Actions of ppl - major events - Beliefs + attitudes - court decisions -advocacy groups -tech -leadership |
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Public law |
Laws impact soc. As whole ie) criminal, constitution, administrative |
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Private |
Realations bw indv contract, property, civil, families |
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Govt branches |
Legislative: debate, amend and make laws Executive: operates, implement, enforce Judiciary: interpret and apply laws |
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Government levels |
Federal: defence, currency, taxes, crime Provincial: hospital, education, highways Municipal: garbage, bylaws, recreation |
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Sources of intl law |
Formal agreements: treaties Customary practice: practice based on beliefs General principals: common legal themes among civil states Judicial dec: persuasive but not binding value |
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Detterance |
Penalty prevents from commiting offence |
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Restitution |
Pay damages to soc |
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Denunciation |
Show condemnation of offence |
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Proportionality |
Adjust for mitigating/aggravating circumstances No unduly long or harsh sentences Parity: similar punishment for same crime |
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Striking down |
Law is nullified |
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Partial invalidity |
Remove unconstitutional portion |
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Reading down |
Laws only used w narrow interpretation |
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Reading in |
Used when legislation violates constitution. Adds human rights protections |
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Temporary suspension of invalidity |
Allows legislators time to change laws + bring compliance w charter |