SOSC 1375 Midterm Exam Review
Separation Thesis (law and morality): The thesis that suggests that the true analysis
of law requires the separation of law and morality.
One Juror Verdict theory: This is a theory that suggests there is a ringleader juror
who is capable of influencing the decision and opinions of all the other jurors. This is
expressed in the movie “Runaway Jury”, in which John Cusack’s character sways the
opinions of the other jury members to vote against the Winchester lawsuit.
Natural Law theory: The first law stemmed from philosophers and religion. It’s the
belief that Natural law comes to us naturally from our teachings, and from our own
moral codes. It supports that law is made to uphold moral values
Challenge for Cause: A challenge to remove a jury members made on the grounds
that a prospective juror fails to meet the requirements of the provincial statute that
governs juries. For example, those who have mass media coverage, those who aren’t
18, those who are involved in the law, those who have criminal records, etc. As long
as the judge points that the Challenge for Cause is valid, it can be used an unlimited
amount of times.
Legal positivism: A philosophy of jurisprudence, which suggests that law has to be
separated from moral values. It is the antithesis of the Natural Law theory.
Peremptory Challenge: This is a challenge that allows either the defence or the
crown prosecutor to eliminate a prospective juror without giving a specific reason.
The number of challenges is limited by the offence; mass murder would have 20
Public Law: Law that affects the entire country’s safety and should be at everyone’s
interest. It includes criminal law, constitutional law and administrative law. It is
concerned with crimes done against the state (government)
Civil Law: Law that regulates the personal relationships between two private
parties. It includes family law, contract law, tort law, property law and labour law.
Procedural Law: Outlines the steps and procedures involved in protect and
enforcing the rights given under substantive law. This is essentially the procedure of
how things occur in law. All lawyers need to know this in order to properly defend
Constitutional Law: Laws establishing the make-up of government and then division
of powers between federal and provincial government
Criminal Law: State defined prohibitions with penalties. Deals with criminal
Administrative Law: governs activities between the government (administration)
Tort Law: deals with private wrongs committed against one another. For example, if
a company sues another one for personal injury. If someone hurts him or herself
using a pencil, they can sue the company.
Family Law: deals with the relationships between individuals living together
Common Law: Also referred to as “precedents”. Common law is mostly present in
courts in when a judge needs to make a decision based on a case, and uses the
outcome of a previous case with similar or identical circumstances. Common law
can only be used if there are more similarities than differences in the case. Statutory Law: The rules of law laid down in statutes. These are rules that are
written law passed by legislative bodies.
Unified Court System: A court in which there can be both civil and criminal matters
questioned: essentially it combines all expertise of law into one court, and is usually
kept at a local-municipal level. These are also courts such as drug courts, traffic
courts, and juvenile courts. Essentially, the purpose of unified courts is to have
specialized people functioning in the law: ex. Juvenile court.
Canadian Judicial Council: It is the council that decides the complaints made against
judges. Since they can’t be removed from office, there should be a special body that
can remove them. They can only remove federally appointed judges, and the CJC can
be removed by parliament
Power of the State: The limited power that the representative of the law has. For
example, that power is limited from taking away your freedoms, from going outside
what the constitution says, etc.
Bill C-41: This was a particular bill passed by the parliament in 1994 which done to
codify the sentencing principles and regulate disparities in sentencing. It set out a
minimum and maximum for sentencing depending on the gravity of the offence and
the degree of responsibility.
Treaty of Westphalia: A treaty between countries developed in the 17 century
which was based on three principles: the principle of state sovereignty that said
every state has the right of political self determination in its own territory, the
principle of legal equality that says there’s no hierarchy of state from one state to
another, and finally the principle of non-intervention that says you cannot invade
another state, claim that their laws are wrong, and change them.
Legal Pluralism: Occurs when there are two legal systems coexisting together in a
geographical area. For example, the customary laws of Australia are taken into
consideration in their courts, and in Canada we had an amendment in 1996 for
judges to pay particular attention to the circumstances of aboriginal offenders. c
Rule of Law: The belief that all people are equal under the law.
Canadian Criminal Code: A list of negative prohibitions developed by the federal
government of Canada in 1892. Essentially, it says, “don’t do this or this is how you
will be punished”
Moral Panic: A disruption (non-criminal) that threatens the social order of society.
The panic also has to be unjustified and illogical. An example of a moral panic would
be people panicking over video game violence, and saying that video games cause
children to lose their moral values and become violent.
Customary Law punishment (payback): The aspect of Aboriginal Australian law that
focuses on punishments done to members of the community (being speared).
Customary Law punishment also focuses on the retribution side of justice.
Targeted killing: The assassination of an individual by a government justified by the
basis that the individual had a possibility of directly harming that country’s citizens/
disrupting that country’s peace.
Terrorism (crime): Terrorism cannot be considered a crime because it’s something
between traditional domestic law constraints in which there’s a punishment
method, and between simply containing terrorists. Terrorist (war): Terrorism cannot be called a traditional war because there aren’t
the same elements such as direct battlefields, the terrorists don’t wear specific
uniforms, the terrorists also aren’t given all the war rights that soldiers would be
Canada’s Court System: All cases start out at the bottom, and end up at the top. The
system works similar to Abraham Maslow’s hierarchy of needs: essentially, in order
to get onto the next level of court, it first has to pass/be approved for appeal on the
lower level of court. The courts are as follows: Municipal court, provincial court,
superior provincial court, appeal provincial court, federal court, tax court, and
finally Supreme Court at the very top.
Law as a technical Game: Law has complex rules: there are many players, functions,
procedures, questions and outcomes. There are the following players: Lawyers,
Judges, Juries and Litigants.
Laws of War: Part of the international body dealing with war rules. The three rules
are that the war has to be swift; you have to protect everyone (your citizens and the
civilians), and that you have to have a reason, whenever you leave you need to leave
something that facilitates peace.
Laws of Armed Conflict: Part of international body of law regulating armed
hostilities. It’s not considered a war. There is military necessity. There’s a distinction
between lawful/unlawful targets and/or combatants. There must be proportionality
(minimizing of collateral damage).
Drone War: The use of unmanned planes to drop bombs on places. It was first
started in the 1990s, but in 2009 Obama authorized the expansion of the CIA drone
program and there are now over 70,000 drones. Drone war is the best attempt at
complying with international law.
Law as Containment: Law is meant to contain people: essentially this means that law
is made as rules for the purpose of gathering, instructing, and moderating people’s
behaviour. For example, law can be used as containment in regards to traffic laws
restricting people from speeding, or fishing laws restricting people from over-
Plea Bargaining: An agreement by the accused to plead guilty in return for the
prosecutor’s agreeing to take or refrain from taking a particular course of actions.
This is usually done between the defense lawyer (with the agreement of his/her
client) and the prosecutor before the trial, or after discovering new evidence.
Narratology: the telling of a story in court (by lawyers) that makes the people turn
Legal Consciousness: This is a belief that