Changes to the Law
List any one of the 4 factors that drive changes in the law.
1. Demographic changes
2. Technological changes
3. Changes in values
4. National emergencies
1. Religion
2. Morality
3. Greek
4. Roman
5. British
6. Customs/Conventions
7. Social/Political Philosophy
Positive Legal Theories are rooted in: __________________.
- human authority and institutions
- law is valid because it is enacted by the proper authority
Natural Legal Theories are rooted in: _____________
- morality, divine order, reason etc
- something is "right" because it reflects morality
In the "Can A Waiters Tips Be Considered Wages" case, was it determined that tips were considered wages and therefore protected under the Wages Act? Yes or no.
Yes
In our study of the Lavalle Case and the "Bringing A Kirpan to School" Case, we learned that laws are often changed due to the courts belief that the law being applied infringes on ________________. (can name the legal document and/or the legal term)
Document: Canadian Charter of Rights and Freedoms
Legal Term: Canadian Rights and Freedoms
What 3 groups does a bill have to go through in Canada, in order to be passed as a statute?
1. House of Commons
2. Senate
3. Governor General
Name the 3 positive legal theorists that you were introduced to
1. Hobbes
2. Locke
3. Bentham
Name the 3 Natural Legal Theorists that you were introduced to
1. Plato/Socrates
2. Aristotle
3. Aquinas
In the "Bringing a Kirpan to School" case, what was the final verdict?
Kirpans may be worn in school, as long as certain safety conditions are met.
There are 3 conditions necessary for a legal system to run smoothly, without becoming a dictatorship. One of those is a "rule of law". What is one of the 3 characteristics of "rule of law"?
1. General recognition of citizens that law is necessary in an orderly society
2. That the law applies equally to everyone
3. That a persons legal rights will not be taken away, except in accordance with the law
What are the 3 secondary sources of Canadian Law? In order of their hierarchy.
1. Constitutional Law
2. Statute Law
3. Case/Common Law
What was Hobbes view on human nature/ what did he believe that humans are prone to?
- humans are prone to violence
- without laws, society would return to a state of perpetual warfare and anarchy
Which natural theorist believed that "education of goodness was the answer to making people do good"
Socrates/Plato
In the R V. Lavallee case - was Lavallee ultimately found guilty or not guilty?
Not Guilty
Other then "Rule of Law", list one of the three conditions necessary for a legal system to be run smoothly without becoming a dictatorship.
1. A Democratic Government
2. An Independent Justice System
Of all of the impacts of the Ten Commandments on the Canadian Legal system, list:
1. One that currently has an impact on the Canadian Legal System
2. One that no longer has an impact on the Canadian Legal System
Current Impact: Thou Shalt Not Kill, Thou Shalt Not Commit Adultery, Thou Shalt Not Steal, Thou Shalt Not Bear False Witness Against Thy Neighbour,
No Current Impact: No Other Gods, Make Unto Thee A Graven Image, Take The Name of Thy Lord in Vain, Remember the Sabbath Day, Honor Thy Father and Mother, Not Covet
Explain the equation that Jeremy Bentham created to determine if a law is right or wrong?
A law is "right" if it maximizes the maximum total happiness (when including/ totalling the happiness of each citizen impacted)
What was the major change in moving from Plato/Socrate's theory to Aristotles Theory?
*Grounded natural law in observation of human nature*
According to the theory of legal realism, what is the biggest problem with the legal system?
It doesn't operate on objective/ consistent legal principles - judges personal beliefs, experiences and social influences often shape their decisions
List one of the 3 options for: challenging laws in court as a result of collective action
1. Lobby Groups
2. Royal Commissions
3. Political Demonstrations
List one influence on the Canadian Legal System from:
1. Greece
or
2. Rome
or
3. Britain
Greek: Citizen Participation or Trial by Jury
Roman: The Use of Codes, The Use of Lawyers
Britain: Case/ Common Law
In what way did John Locke's legal theory differ from Hobbes?
He had a more optimistic view of human nature
He believed that if a law was not considered "just", then citizens are justified in rebelling
Therefore, protection of citizens natural rights is essential
Who does Aquinas believe is the "ultimate authority on earth"?
The Roman Catholic Church
In one sentence each, explain the biggest problem with the Canadian legal system according to:
1. Marxism
2. Feminist Jurisprudence
Marxism: The system was created by the upper class to oppress the lower class
Feminist Jurisprudence: The system was created by men, to oppress women