POLS 2350 EXAM WITH CORRECT ANSWERS LATEST UPDATE
Carter v. Canada - ANSWER - Doctors assisted suicide
- Argues not allowing having assisted suicide infringes section 7 of charter
- SCC ruled that banning doctor assisted suicide is invalid
- now allowed for Canadians
The Cannabis Act - ANSWER - Legalize use and distribution of cannabis in Canada
Goal: eliminate black market cannabis and control access by youth
Individual Perspectives on the Law - ANSWER - Law structures our economic, social,
political lives
- Law changes as our morals change
- Our reputation with the law has a big impact on the laws
Positivism - ANSWER - Follows what the law says and doesn't question it
- Says law is social rules
- its valid because its acted by the parliament
- they believe the parliament is supreme
- they think the process of law is more important
- Law is the outcome of the political process
- its good because theres increased certainty
Austin and hart - ANSWER - natural law
- All human laws had to conform to G-d-given laws
- There shouldn't be a penalty without a valid law (ex. Nazi's)
,- If law's validity is closely associated with morality, retroactive punishment will be
disguised as ordinary punishment
Natural Law - ANSWER - clear link between Law and morality
- An unjust law is no law at all
- No clear morality to guide the operation of legality
- explained in moral terms
Legal Realism - ANSWER - Need to be aware of political, economic, social contexts
which law arises, changes, persists
- Share a method for obtaining knowledge but doesn't follow that there is or needs to be
a realist consensus on moral/economic/political issues
- Realism is the real world and its not just law that impacts the world
- dosent strictly follow a precedent
Orthodox Ideology - ANSWER - Limited positivism approach
- Difficult cases are strictly decided by rules
- Most of policy is up to legislature and not the courts
Marxist theory of law - ANSWER - labour is basic to wealth
- Ideology is that capitalism is gonna be destroyed
- Everyones gonna live in harmony in communism
- Economically rather than morally based
Feminism - ANSWER - Laws are made by men for men
- Believe in equality for everyone
The Anarchist perspectives - ANSWER - Anarchist Dont like the government. they want
to rule themselves
,- Believe govt is useless
- Anarchist perspective: role of intrusive state is central to understanding social life
- Anarchism: all forms of government are unnecessary and oppressive
The Libertarian Perspectives - ANSWER - care about individual rights
- Wouldn't have laws against drugs, gambling, porn, seat belts, wouldn't have welfare or
social security system
- Believe people should volunteer if they wanna help instead of using money collected by
force from taxpayers
Avi v. MHVB - ANSWER - Pseudolaw: nonesone
- Jackie followed the strawman theory
- Jacquie subscribes to pseudolaw called Strawman Theory
- Strawman theory: people have two halves
- 1. Physical element that is outside the authority of governments, police, courts
- 2. The "Strawman", a legal aspect is subject to "conventional" authority
- SCC kept rejecting strawman theory
Politics of law - ANSWER - The conduct of politics must be subject to the rule of law
- Do this so govt dosent abuse power
- Politics and law coexist as politics relies on law
Nature of Politics - ANSWER - Vital aspect of self identity
- Political decisions have ramifications extending beyond what was intended, may run
directly counter to those objectives
- Politics is rooted in distinction between governors and governed
- Political decision making lets people express their values
, Concept of Law - ANSWER - Law is the output in a political process
- Law establishes the preconditions for the conduct of politics
- 2 conceptions of law: Reason & Tradition
- Law is discovered and declared rather than made
Might and Right - ANSWER - Power (might): what can be done
- Justice (right): what ought to be done
Al-Aulaqi v. Obama - ANSWER - plaintiff claimed son was being targeted for an
unauthorized killing
- Plaintiff seeks injunction prohibiting the intentional killing of his son unless he presents
imminent threat to life or safety and there are no other means to neutralize the threat
- US said if the son comes back they will not use any force
- Did not allow dad to be the "next friend" cause his son could have came
Standing - ANSWER -whether a litigant may sue in court
- who can bring a case before the court
Political question doctrine - ANSWER - whether or not the courts will adjudicate a
specific case
- In US, not in Canada
Indian Act - ANSWER - structured relationships between federal government and
Indigenous people
- Purpose: assimilate, control, destroy Indigenous
- prevents autonomy
- only place that recognizes that Indians are distinct from Canadians
Fred Christie Case (Christie v York) - ANSWER - Staff at bar refused to serve Christie
Carter v. Canada - ANSWER - Doctors assisted suicide
- Argues not allowing having assisted suicide infringes section 7 of charter
- SCC ruled that banning doctor assisted suicide is invalid
- now allowed for Canadians
The Cannabis Act - ANSWER - Legalize use and distribution of cannabis in Canada
Goal: eliminate black market cannabis and control access by youth
Individual Perspectives on the Law - ANSWER - Law structures our economic, social,
political lives
- Law changes as our morals change
- Our reputation with the law has a big impact on the laws
Positivism - ANSWER - Follows what the law says and doesn't question it
- Says law is social rules
- its valid because its acted by the parliament
- they believe the parliament is supreme
- they think the process of law is more important
- Law is the outcome of the political process
- its good because theres increased certainty
Austin and hart - ANSWER - natural law
- All human laws had to conform to G-d-given laws
- There shouldn't be a penalty without a valid law (ex. Nazi's)
,- If law's validity is closely associated with morality, retroactive punishment will be
disguised as ordinary punishment
Natural Law - ANSWER - clear link between Law and morality
- An unjust law is no law at all
- No clear morality to guide the operation of legality
- explained in moral terms
Legal Realism - ANSWER - Need to be aware of political, economic, social contexts
which law arises, changes, persists
- Share a method for obtaining knowledge but doesn't follow that there is or needs to be
a realist consensus on moral/economic/political issues
- Realism is the real world and its not just law that impacts the world
- dosent strictly follow a precedent
Orthodox Ideology - ANSWER - Limited positivism approach
- Difficult cases are strictly decided by rules
- Most of policy is up to legislature and not the courts
Marxist theory of law - ANSWER - labour is basic to wealth
- Ideology is that capitalism is gonna be destroyed
- Everyones gonna live in harmony in communism
- Economically rather than morally based
Feminism - ANSWER - Laws are made by men for men
- Believe in equality for everyone
The Anarchist perspectives - ANSWER - Anarchist Dont like the government. they want
to rule themselves
,- Believe govt is useless
- Anarchist perspective: role of intrusive state is central to understanding social life
- Anarchism: all forms of government are unnecessary and oppressive
The Libertarian Perspectives - ANSWER - care about individual rights
- Wouldn't have laws against drugs, gambling, porn, seat belts, wouldn't have welfare or
social security system
- Believe people should volunteer if they wanna help instead of using money collected by
force from taxpayers
Avi v. MHVB - ANSWER - Pseudolaw: nonesone
- Jackie followed the strawman theory
- Jacquie subscribes to pseudolaw called Strawman Theory
- Strawman theory: people have two halves
- 1. Physical element that is outside the authority of governments, police, courts
- 2. The "Strawman", a legal aspect is subject to "conventional" authority
- SCC kept rejecting strawman theory
Politics of law - ANSWER - The conduct of politics must be subject to the rule of law
- Do this so govt dosent abuse power
- Politics and law coexist as politics relies on law
Nature of Politics - ANSWER - Vital aspect of self identity
- Political decisions have ramifications extending beyond what was intended, may run
directly counter to those objectives
- Politics is rooted in distinction between governors and governed
- Political decision making lets people express their values
, Concept of Law - ANSWER - Law is the output in a political process
- Law establishes the preconditions for the conduct of politics
- 2 conceptions of law: Reason & Tradition
- Law is discovered and declared rather than made
Might and Right - ANSWER - Power (might): what can be done
- Justice (right): what ought to be done
Al-Aulaqi v. Obama - ANSWER - plaintiff claimed son was being targeted for an
unauthorized killing
- Plaintiff seeks injunction prohibiting the intentional killing of his son unless he presents
imminent threat to life or safety and there are no other means to neutralize the threat
- US said if the son comes back they will not use any force
- Did not allow dad to be the "next friend" cause his son could have came
Standing - ANSWER -whether a litigant may sue in court
- who can bring a case before the court
Political question doctrine - ANSWER - whether or not the courts will adjudicate a
specific case
- In US, not in Canada
Indian Act - ANSWER - structured relationships between federal government and
Indigenous people
- Purpose: assimilate, control, destroy Indigenous
- prevents autonomy
- only place that recognizes that Indians are distinct from Canadians
Fred Christie Case (Christie v York) - ANSWER - Staff at bar refused to serve Christie
