Grade 12 Law Review

Front 1

Legal formalism

Back 1

Limited flexibility, body of rules created by legislators.

Front 2

Popular morality

Back 2

Law should reflect the morals and beliefs of the majority of the community

Front 3

Legal realism

Back 3

Judges make laws through precedents. Law is flexible

Front 4

Spirit of the law

Back 4

Judges seek to understand purposes and values of the law in question

Front 5

Sociological jurisprudence

Back 5

Law considers the outcome on society

Front 6

Critical legal theory

Back 6

Law used by wealthy and powerful to oppress lower people in hierarchy

Front 7

R V morgantaler

Back 7

Abortion laws violate women's right to security of person

Front 8

United States V Burns

Back 8

Wanted in Washington for murder, asked Canadian govt to extradite

Can't be extradited to places w death penalty

Front 9

R V Ewanchuck

Back 9

Sexually assaulted prospective employee. Argued implied consent BC she didn't leave.

Supreme Court determined implied consent not a valid defense

Front 10

Vriend V. Alberta

Back 10

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

Front 11

Jane Doe V Toronto PD

Back 11

-Police failed to protect females in community from serial rapist

Front 12

R v oakes

Back 12

Charged w drug possession & intent to traffic.

Challenge with charter right to be innocent until proven guilty.

Front 13

Sources of Canadian law

Back 13

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

Front 14

Judicial independence

Back 14

Judges abulity to make Dec. Wo govt coercion

Front 15

Parliamentary supremecy

Back 15

Parliament in charge of passing new legislation

Front 16

Factors that drive legal change

Back 16

-Actions of ppl

- major events

- Beliefs + attitudes

- court decisions

-advocacy groups

-tech

-leadership

Front 17

Public law

Back 17

Laws impact soc. As whole ie) criminal, constitution, administrative

Front 18

Private

Back 18

Realations bw indv contract, property, civil, families

Front 19

Govt branches

Back 19

Legislative: debate, amend and make laws

Executive: operates, implement, enforce

Judiciary: interpret and apply laws

Front 20

Government levels

Back 20

Federal: defence, currency, taxes, crime

Provincial: hospital, education, highways

Municipal: garbage, bylaws, recreation

Front 21

Sources of intl law

Back 21

Formal agreements: treaties

Customary practice: practice based on beliefs

General principals: common legal themes among civil states

Judicial dec: persuasive but not binding value

Front 22

Detterance

Back 22

Penalty prevents from commiting offence

Front 23

Restitution

Back 23

Pay damages to soc

Front 24

Denunciation

Back 24

Show condemnation of offence

Front 25

Proportionality

Back 25

Adjust for mitigating/aggravating circumstances

No unduly long or harsh sentences

Parity: similar punishment for same crime

Front 26

Striking down

Back 26

Law is nullified

Front 27

Partial invalidity

Back 27

Remove unconstitutional portion

Front 28

Reading down

Back 28

Laws only used w narrow interpretation

Front 29

Reading in

Back 29

Used when legislation violates constitution. Adds human rights protections

Front 30

Temporary suspension of invalidity

Back 30

Allows legislators time to change laws + bring compliance w charter