Lecture – Exam Review
1. What are the dispute categories?
2. What are the different types of courts and their functions?
3. Who are the participants in court processes and their responsibilities?
4. What are the purposes of sentencing?
1. What are provincial jurisdiction matters?
2. What are federal jurisdiction matters?
3. What are the different types of trial lawyers according to Casper?
- Public interest
- particular organization
- legal specialist (advocate, intermediary, counselling)
- hired guns
4. What are the three reasons prosecutors may seek a jury trial?
- More likely to convict then a judge
- More likely to impose desired sentence
- More public attention
5. What are the three purposes of voir dire?
- Gain info about jurors and ferret out any juror biases
- For lawyers to build rapport
- To change their perspectives
6. What are the four different strategies lawyers use?
- One-juror verdict
- Similarity leniency
- Black sheep effect
- Social scientists
7. What are the three types of challenges used to eliminate prospective jurors?
- List has been fraudulent
- Challenge for cause
- Peremptory challenge
8. What are the four different types of biases that could potentially impact jurors?
9. What are the three subcategories of plea bargaining?
10. What are the five core elements of negligence action?
- Negligence act
- Damages - Duty to care
- Remoteness of damages
11. What are the three legislative functions?
- Conflict management
12. What are the two broad classes of Aboriginal claims?
- Comprehensive – ancestral rights to land and natural resources that weren’t dealt
w/ in previous treaty
- Specific – grievances in relation to government administration
13. What are the four prevailing self-government possibilities?
- Municipal – control delivery of services of parallel institutions
- Institutional – decision making through representation and involvement
- Nationhood – maintain authority and jurisdiction over internal matters
- Statehood – complete political independence, internal and external
14. What are the five different lobbyists positions?
- Interest groups
- Contact person
- Campaign organizer
- Watch dogs
15. What are the three types of rules administration agencies make?
16. What are the three styles of police work?
- Watchman – discretion; pick and choose what matters to deal w/
- Legalistic – treat all situations as serious infractions
- Service – respond to all but w/ discretion in their choice of actions; emphasize
1. What are torts?
2. What are the torts categories?
3. What are the torts defences?
4. What are the functions of tort law?
5. What are the methods of resolution?
6. What are the dispute process stages?
7. What are the factors in dispute process decisions?
1. What are the different types of mediation?
- Closed – confidential
- Open – not confidential - Collaborative – agree in advance not to go to court
- Mandatory – non-voluntary, pressure to settle
- Community based
2. What are the three hybrid resolution processes?
3. What are Canada’s three level system of compensation?
- Social welfare schemes – hospital and medical care, some income replacement
- Filler compensation at no-fault basis, workers or victims of crime
- Tort litigation – fullest compensation, suing
4. What are the three generic factors that explain litigation?
- Social development
- Subjective cost-benefit calculations on part of disputants
- Creation of more legally actionable rights and remedies by legislatures and courts
5. What are the ways in which courts contribute to dispute settlements?
- Courts establish norms that influence or control private settlement of disputes
- Courts authorize private settlements and provide guarantees of compliance
- Courts can escalate cost of disputing, which increases likelihood of private
- Courts provide opportunities to disputants to learn about each other’s cases, which
increases probability of private settlement by decreasing mutual uncertainty
- Court staff acts as mediators to encourage consensual private settlement
- Courts resolve certain issues in case, leading disputants to agree on others
- Courts authoritatively resolve disputes
1. How does criminal law maintain social control?
2. How does tort and civil law maintain social control?
3. What laws does Criminal Code of Canada state regarding prostitution?
4. When was capital punishment abolished in Canada?
5. In 2012, what 3 countries retained capital punishment?
6. Top 3 states that holds largest number of death row inmates
7. What are Amsterdam’s main points as to why he argues against death penalty?
8. What are the 5 Justices’ opinions against death penalty?
1. What are the two basic processes of social control?
- Internalization of group norms
- Control through external pressures – sanctions
2. What are the two main types of formal