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Midterm

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Department
Social Science
Course
SOSC 1375
Professor
Olena Kobzar
Semester
Winter

Description
SOSC 1375: Midterm Study Guide Definitions Separation Thesis (Law and Morality): - The idea that there is a conceptual separation between law and morality, that is, between what the law is, and what the law ought to be. Natural Law Theory: - Is a philosophical and legal belief that all humans are governed by basic moral laws, or laws of nature, which are separate and distinct from laws which are legislated by the state. - Known as what “ought” to be Legal Positivism: - Manmade law, what is written is what we follow - Known as what “is” rather then natural law which is what “ought” to be Procedural Law: - Outlines the steps and procedures involved in protecting and enforcing the rights given under Substantive Law, i.e. the rules of court Substantive Law: - Consists of all laws that set out the rights and obligations of a person Public Law: - The law of relationships between individuals and the state, or between two states - Public Law has three subdivisions; administrative law, constitutional law, and criminal law Administrative Law: - A body of law that regulates the operations and procedures of the government - I.e. every 4 years the government holds election SOSC 1375: Midterm Study Guide Constitutional Law: - Is the body of law which defines the division of powers of different entities within a state namely, the executive, the legislative, and the judiciary - I.e. Freedom of Speech Criminal Law: - Is a body of laws which deal with crime that are prohibited by the government because it threatens and harms public safety - A system of law concerned with the punishment of those who commit crimes Private/Civil Law: - A system of law that deals with relations on a more private level and regulates the personal relationships between two private parties or people - Is concerned with the private affairs of citizens, such as marriage and divorce, property ownership, suing for car injuries, suing your neighbor for a dog bite, torts rather than crime - Subdivisions of Civil Law is Family law, Contract law, Tort law, Property law, and Labour law Tort Law: - An area of law that deals with any harm committed against an individual, a corporation, or a government. - I.e. injury caused by negligence. If the state searches you at the border, and accidentally hurt you. Family Law: - Is an area of the law that deals with family to retain harmony and peace within domestic relations - I.e. divorce SOSC 1375: Midterm Study Guide Canadian Law Diagram: CANADIAN LAW .--------------------'---------------------. | | Substantive Law Procedural Law (Statute Law and (Rules) Case Law) | .-----------------------------------------. | | Public Law Private or Civil Law | | .----------------------------. | | | | | Criminal Constitutional Administrative | Law Law Law | | .---------------------------------------. | | | | | Family Contract Tort Property Labour Canadian Judicial Council: - Established in 1971 to investigate complaints about the conduct to federally appointed judges, could be related to salary and benefits of judges, or the education which judges hold - They receive approximately 150 to 200 complaints a year Power of the State: - The capacity of a state to regulate behaviors and enforce order within its territory - I.e. police Bill C – 41: - The bill is a reform for codified sentencing practices across Canada - All crimes will have the same punishment across the Nation Treaty of Westphalia: -The Treaty of Westphalia of 1648, bringing an end to the Thirty Years' War, which had drowned Europe in blood in battles over religion - Agreed that every state has the right to do within it’s own territory and you cannot implement your states own laws in another states because all states are equal - Which lead to bringing the: 1. Principle of State Sovereignty – political self determination 2. Principle of Legal Equality between States 3. Principle of Non–Intervention Legal Pluralism (Western and Aboriginal Law): SOSC 1375: Midterm Study Guide - The existence of multiple legal systems within one geographic area. Plural legal systems are particularly prevalent in former colonies, where the law of a former colonial authority may exist alongside more traditional legal systems. - In Canada the two legal systems are that of Western belief such as the Constitution and Aboriginal Laws. Sentencing Circles: - Represents a relatively recent attempt to implement more culturally appropriate forms of justice for Aboriginal Peoples - Invites interested members of the community to meet with the judge, prosecutor, defense council, the victims and their families etc. to meet within the circle and discuss the crime. Rule of Law: - Everyone within the state is equal - No body of government is above the law and each member of the state is equal Canadian Criminal Code: - Criminal Code, a federal statute enacted by Parliament under the Constitution Act of 1876, - The Criminal Code contains most of the criminal offenses that have been created by Parliament - Establishes the kind of punishment, and the procedures of a criminal offense an individual commits Common Law: - A.K.A. Case Law - Precedents, decisions made from previous cases - Deals with laws passed by the judges Sec. 16 of the Criminal Code: - Known as the Defense of Mental Disorder - Is a legal defense by excuse by which a defendant may argue they should not be held criminally liable for breaking the law because they were mentally ill at the time of the alleged criminal actions. Heart Balm Law Suits: - Heart balm actions are founded on the precept that the law disapproves of invasion with the marital relationship or family ties. Such suits include actions for Breach of Marriage Promise, alienation of affection, criminal conversation, and seduction Collateral Damage: - Is when something occurs incidental to the intended target is damaged during an attack - Used in conjunction with military operations it can refer to the incidental destruction of civilian property and non-combatant casualties. One Juror Verdict Theory- the final group decision is usually determined by the opinions of one verbal, and influential juror. This strong willing individual gives the verdict on behalf of the jurors. SOSC 1375: Midterm Study Guide Challenge for Cause- In request that a prospective juror be dismissed because there is a specific reason as to why somebody believes that the person cannot be fair, is unbiased or capable to serve as a juror. The Judge decides if the person will be dismissed. Examples such as being in acquaintance with either parties (defense or crown) will get you thrown out of the jury. Plea Bargaining- To bargain and negotiate deals between both parties 2 different types of Plea bargaining: 1. Charge bargain: (Lower Charge, No trial) is when a deal is made between the prosecutor and the defendant that allows the defendant to plead guilty to a lesser charge. For Example, a murderer might be able to enter a plea bargain with the prosecutor by pleading guilty to manslaughter, rather than going to trial for second degree murder. 2. Sentence Bargain: (Max charge, Lowest sentence) where the defendant is charged with a wicked crime, the prosecutor might offer to charge him or her with the maximum charge, but with the lowest penalty. For example, if the law in their state says that second-degree murder carries a sentence of 12-25 years, then a sentence bargain may assure the defendant that he or she will receive only 12 years. Narratology- is a competition between two parties in essence to who can tell a better lie, and how to persuade the jury to vote in your favor. An Example would be the Clara Ford trial, she was looked at as an animal, and an animal cannot be responsible for murder. Legal Consciousness- is used to logically understand the meaning of law circulating social relations. People’s attitudes towards the law and their concept of what is lawful and unlawful. Moral Panic- is the intensity of feeling expressed in a population about an issue that appears to threaten the social order. Example 9/11, people now allowed Gov. to invade their personal privacy through their personal phone calls because the Gov. instilled fear into the American citizens. Customary Law Punishment (Payback)- A form of punishment whereas tribal law largely differed from the white mans law in the severity of the accepted punishment. Example betrayal = spearing in legs. Target Killing- the intentional killing by the Gov. or its agents of a targeted person whom they consider is unlawful combatant. Two Paradigms: 1. Criminal Law- Dealing with a criminal through proper process convicting their guilty SOSC 1375: Midterm Study Guide 2. War Paradigm- Does not need to go through proper process and can just be killed i.e. soldiers vs. soldier Outline of Canada’s Court System: - There are basically four levels of court in Canada. First there are provincial/territorial courts, which handle the great majority of cases that come into the system. Second are the provincial/territorial superior courts. These courts deal with more serious crimes and also take appeals from provincial/territorial court judgments. On the same level, but responsible for different issues, is the Federal Court. At the next level are the provincial/territorial courts of appeal and the Federal Court of Appeal, while the highest level is occupied by the Supreme Court of Canada. - Refer to the Canadian Court diagram Outline of Canada’s Court System: Unified Court System: - A unified court system numerous courts into one court system that is centrally managed. Court unification is designed to address problems with the proliferation of courts at the local level that are established by community members to handle local violations, rather than national, laws. By SOSC 1375: Midterm Study Guide placing all courts under
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