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SOSC 1375 Midterm Exam Review.docx

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Social Science
SOSC 1375
Olena Kobzar

SOSC 1375 Midterm Exam Review Definitions 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 challenges. 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 their clients. 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 activities. 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 given. 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- fishing, etc. 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. Sentencing Circles: Narratology: the telling of a story in court (by lawyers) that makes the people turn out Legal Consciousness: This is a belief that
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