Legal Principles
What is the rule of law?
The idea that everyone is equal under the law
What was the first form of human law?
Hammurabi's Code
John and Jane are seeking a divorce and must now determine custody arrangements
Family Law
The philosophy of law based on the political, economic, and social equality of sexes.
Feminist jurisprudence
How is common law different from civil law?
Common law relies on judicial precedent (past court decisions), while civil law is based on codified laws (written statutes).
This concept suggests that a legal decision should serve as an example and authority in subsequent (future) similar cases. Similar facts should result in similar outcomes.
Precedent
This early form of democracy gave us two important principles: citizen participation and trial by jury
Ancient Greece
Constitutional, Administrative, and Criminal Law are this type of law
Public Law
Which philosophy says that law and morality are inseparable?
Natural Law
What are the primary sources of law?
Religion, convention, morality, history, and customs
Rank the secondary sources of law in order of importance.
Constitutional Law, Statute Law, and Case Law
This method of justice focuses on reconciliation between victim and perpetrator and is influenced by this group
Indigenous peoples
Type of law in which a wrong committed against someone is brought forth for which there may be a lawsuit.
Tort Law
_________ is an economic and political theory that states that law is an instrument of oppression and control that the ruling classes use against the working classes
Marxism
What happens when the Supreme Court "reads in" something?
When a court adds something to a statute to ensure it aligns with the Constitution
Why did Vriend sue the province of Alberta?
Sexual orientation was not a protected class under Alberta's Individual Rights Protection Act (IRPA)
This famous document was forcibly signed by King John in 1215. It recognized the rule of law, which is the idea that all people are alike and should follow the same laws.
Magna Carta
This type of law outlines the steps involved in protecting our rights.
Procedural Law
Laws contain bias of lawmakers and judges, ergo values are not universal
Legal Realism
Where is civil law practiced in Canada? (Trick question)
Quebec and the Supreme Court
What's the difference between substantive and formal equality?
Formal equality: giving everyone the same treatment
Substantive equality: ensuring everyone has the same outcomes
This legal tradition was the first to introduce advocacy - the practice of legal experts acting as representatives for defendants
Roman Law
What is the name for the general category of law that prohibits and penalizes crimes?
Statute law
Name three scholars you've learned about who are legal positivists.
Hobbes, Rousseau, Austin, Kelsen, Hart, Marx, etc
Who believed that humans are corrupt and without laws, we would live in constant conflict, living terrible, short lives?