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15 Cards in this Set
- Front
- Back
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what is a Judicial Review
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(1) Grounds for challenging a STATUTE
(2) Grounds for challenging ACTIONS |
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what are the grounds for challenging a statute?
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1) not in 91/92 jurisdiction
2)violation of charter |
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what are the grounds for challenging actions?
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1) violation of charter
2)not within powers granted by statute 3)natural justice |
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what power for National Dimension or national concern.
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belongs to federal power
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Moral perspective has three Moral theories what are they?
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Natural law
Kantianism Utilitarianism |
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what is natural law?
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very old, aristotle, Aquinas, etc
ability to sense "the good" protect and promote human flourishing |
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what is "Kantianism"?
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consider actions, not consequences to determine what is right to do.
persons must be treated as ends and nver as means solely basis of modern human rights |
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Utilitarianism
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consider the consequences,
"the greatest good for the greatest number" Cost benefit analysis (CBA) is a form of utilitarianism |
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what are 4 other disciplines that law is influenced by?
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1)Moral
2)Economical 3)Political 4)Scientific |
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list the four 4 forms of justice?
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Corrective
Distributive retributive Procedural |
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corrective justice
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basis of law of torts & contract law
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distributive justice
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fairneess in allocation of things
partial basis of human rights |
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retributive justice
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the punishment should fit the crime
fairness in sentencing |
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procedural justice
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fairness in decision ,making
basis of criminal & civil legal procedure |
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what are some of the science policy disputes?
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purely factural
purely policy trans-scientific data incompleteness interpretation inferential |
