Scales of Justice
A request to a higher court to review a decision made by a lower court.
What is an appeal?
These theories posit that the law is not neutral, but often functions as a tool to maintain power and subjugation.
What are feminist (legal) theory and Marxist (legal) theory?
The traditional beliefs and practices of a culture are known as this in legal studies.
What are primary sources of law?
Law that applies to all people in a society.
What is common law?
This area of law deals with division of assets in a common law marriage.
What is family law?
Laws based on previous judicial decisions.
What is case law?
______ are higher principles of justice against which human laws must be evaluated.
What are natural laws?
An inclination or prejudice toward or against something or someone.
What is bias?
A law enacted by a government.
After a driver carelessly runs a red light and injures a pedestrian. The injured person pursues a civil suit, making this a _______ law case.
What is tort?
A court treats something as legally true for the purpose of applying a rule, even though it may not be factual.
What is legal fiction?
Marx argued that the development of society is essentially an outcome of ____________.
What is class struggle or economic conditions?
In Canada, criminal legislation is passed by this level of government.
What is the Federal government?
A word that means responsibility or burden of proof.
What is onus?
This area of law governs the limits of government power.
What is Constitutional law?
Define the Supreme Court of Canada.
What is the highest court of appeal in Canada with jurisdiction over Federal and Provincial laws in Canada?
The definition of patriarchy.
What is a system of social structures and practices in which men dominate, oppress and exploit women, other men, and gender diverse people?
The secondary sources of law in Canada.
What are the Constitution, common law, and statutes?
The definition of jurisprudence.
What is the theoretical study of law?
A case in which a company knowingly releases a defective product that injures consumers would be dealt with under this category of law.
What is criminal law?
DOUBLE POINTS if you ALSO included:
What is tort law?
The definition of judicial impartiality.
What is the principle that judges must decide cases fairly, based on the law and on presented evidence.
NO POINTS IF YOUR DEFINITION INCLUDES "UNBIASED"
This is a principle of Natural Law Theory the judge could use to argue that a law is unjust.
What is the principle that laws must conform to universal moral standards to be legitimate and this law lacks true moral authority.
Identify two principles of rule of law.
What are: 1. law maintains peaceful order, 2. law applies to everyone equally, 3. the government cannot limit rights unless authorized by law
The definition of stare decisis.
What is the legal principle that requires courts to follow the decisions made in previous cases when the facts are similar. It is also called rule of precedent.
The difference between substantive and procedural law.
What is: substantive law lays out rights and responsibilities for people and institutions, while procedural law outlines the processes for making and enforcing substantive law?