CLN4U Exam Study (All Accurately solved)
Philosophy and science of law correct answers Jurisprudence human laws derive from eternal/unchanging principles that regulate the natural world, and we can uncover them with reason; correct answers Natural Law from England @ 16/17th centuries) laws are rules formulated by the states, and citizens ought to (in theory) obey them for the good of the state. correct answers Positive Law religion controls gov't; correct answers Theocracy religion and gov't are separate; correct answers Secular gov't controls religion. correct answers Civil Religion Law is determined by what happens in society (not theoretical). correct answers Legal Realism: -An economic/political theory that sees law as a too for the ruling class to control the working class -Born from Karl Marx, who wrote the communist manifesto -Lived through the industrial revolution where he saw capitalists become more powerful through the law, ex: banning unions which would not allow workers to revolt or come together correct answers Marxism Law is an instrument of oppression against women. correct answers Feminist Jurisprudence: The principle that judges function independently of the government. Their decisions reflect their own legal interpretation of the law and not gov't policy; correct answers Judicial Independence A legal decision that is taken as a guide for subsequent cases. correct answers Precedent: The principle that Parliament has the supreme power of making Canadian laws. correct answers Parliamentary Supremacy: A law that identifies the rights and duties of a person or level of gov't; Ex) The Criminal Code consists of laws that define the nature or substance of crimes. correct answers Substantive Law: A law that outlines the methods or procedures that must be followed in enforcing substantive law; Ex) Criminal Code explains how arrests, bail hearings, trials are to be conducted. correct answers Procedural Law: areas of law that regulates activities between a state and its citizens; includes: constitutional, administrative, criminal. correct answers Public Law:
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philosophy and science of law
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