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Law Review.docx

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LAWS 1000
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Exam contents 60 questions 56 from each subject covered this term plus a general section11 topics Law in Social Life Law and Culture Law the State and the Constitution Law Rights and the Charter Making the Law Common Law and Legislation OrganizationStructure of Canadian Law Law Morality and Justice Regulating Behaviour Law CrimeSocial Control Regulating RelationshipsDispute Resolution11 sets of readings Casebook 1ac 2ad 3ac 5ae 8ad10bd 11de 13ad 14 ae16 ab17adVagoNelson Chapters 13456Studying for Multiple Choice Exams Tips on taking multiple choice exams1Organized notesspend a day or two just organizing filing in explaining and improving notes overall Organization can save a lot of studying time closer to the exam 2Missed ClassesDont just toss up an email pleading for help This is a CUTV class and all lectures are available on video If you missed something important Look over the tape3Simulate the required behavior4Get someone to ask you questionstry to avoid formulating your own if possible5Spaced Practice is Better than Massed Practice6Think of how much time you can dedicate to each of your exams Make sure to include margin for error 7Trust in your preparation8Look over the test and pace yourselfmake sure you know the details how many sections how many questions 9Dont be afraid to take short breaks Clear your head refresh your mind10Know when to cut ties with a question and move on when you are stumped but dont make Swiss cheese of the whole exam Try to stay in order Watch for clues to past questions overlap is common Recommended you skip less than 10 of questions 11Dont be afraid to change answers but trust in your preparation 12What to do if you have more than one right answer Eliminate the wrong ones Remember there are no trick questions in the exam When in doubt trust your gut 13Cover all the options and try to think of the answer before reading themLawinSocialLifeReadingsCasebook1acaTheFunctionsofLawbyHoebelLaw defines relationsAuthorities responsible for coercive physical forceDisposing trouble casesChange with societybTheCheyenneWaybyLlwellynandHoebelThe council and militaries often interacted with each otherBefore decisions could be made chiefs and soldiers sent messengers to gather opinionsCases and general policies were separatedcConflictsasPropertybyChristieConflict Resolution in TanzaniaEveryone focuses on the partiesRelatives get involved but never overthrew the governmentThirdparty members get involvedJudges remain handsoff Their roles were only to distinguish the factsWays courts are peripheralLocated away from the common people They only take up 1 or 2 buildingsThe parties are represented and their representatives and judges are activeCriminal proceedings focus on the conflict between a party and the StateVagoNelsonChapter1Sociological jurisprudence The study of law and legal philosophy as well as the use of ideas to regulate conductConceptualizationofLawoCustoms Rules of conduct in longer situations which is observed without thoughtoConventions Rules of conduct involving a sense of duty or obligationDonaldBlacks4stylesofSocialControloPenal style of social control A violator of a prohibition subjected to sentencing and punishment example is a drug dealeroCompensatory style Possesses a contractual obligation owing the victim restitutionexample is a debtor failing to pay a creditor Both of these have a complainant and a defender where one loses and one winsoTherapeutic style Conduct is abnormal and requires helpexample is a person requiring psychiatric helpoConciliatory style Behaviour representing one side of conflict without acknowledging who might be right or wrongexample is a marital dispute Both of these are remedial in order to help those in trouble and eliminate bad social situations Two or more of these styles can be in one situation Example is when drug dealer is convicted of possession and is given probation requiring therapeutic counsellingTypesofLawoSubstantive laws Rights duties and prohibitions by the court Outlines behaviours that are allowed and prohibited example is murderoProcedural laws Rules on how substantive laws are enforced changed and used within the legal system example is presenting evidence in a courtoPublic law Structure of government duties and powers of officials and relationship between an individual and the State This includes constitutional law administrative law regulation of public utilities criminal law and procedure and law relating to the proprietary powers of the state and its political subdivisionsoPrivate law Includes both substantive and procedural rules in order to control relationships amongst individuals example is torts and private injuriesoCivil law Control relationships amongst individuals by instilling rules and proceduresoTorts A violation of civil cases which an injured party seeks redress for the suffering they endured As well one party may have to pay for the balance of a business contract if an injured occurred under their neglectoCriminal law Concerned with the definition of crime and punishing criminals These crimes could be against an individual but viewed as an act against the State or the peopleThe crime is public and the State takes action rather than the harmed individual Rather than a monetary penalty the criminal is sentenced and punished for their actoCase law Judges take over for cases decided in an appellate courtoStatutory law Legislations passed in assemblies by officialsoAdministrative law Regulations orders and decisions by administrative agenciesoRoyal prerogative Decisions made by the Crown In Canada these are represented by the governor general and provincial lieutenant governorsMajorLegalSystemsoRomanoGermanic System The legal science based on Roman civil lawRules created in the sixth century AD in the Code of Justinian
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