CRIM 1160 - MIDTERM EXAM QUESTIONS WITH
CORRECT ANSWERS 100% SOLVED
Who do lawyers owe duty to - ANSWER clients and courts - they are officers of courts
what is the core of the legal system - ANSWER law - resides there in any legal system
Hart's definition of law + whether or not we are bound to it - ANSWER The law is the law
-if they have the authority and have properly enacted law, then it is law
WE ARE BOUND bcs of who enacts it
POSITIVIST -focus on who made law rather than its connection to justice; some of the
best thinkers exist here
Fuller's definition of law - ANSWER Essential to law is that it is connected to principles of
justice and fairness
we are bound because law is good and just and is connected to justice
NATURAL LAW POSITION
What to do when faced with uncertain ethical challenge - avoid facing charges and
allegations of professional misconduct - ANSWER this is when you are in a grey ethical
situation
- call the provincial law society & speak to a legal ethics advisor OR senior lawyer to ask
-> get advice
- dont give name of client (solicitor-client priviledge)
- explain situation + get advice on proceeding
- do memo file about advice received + document advice -> follow advice
what are the BC law society/governing council of law society called - ANSWER The law
society of British columbia
bencher - lawyers who sit on the governing council of law society
3 views on large/powerful state - ANSWER 1. may be dangerous to free people
2. larger is better so to achieve the things we want state actors (politicians/bureaucrats)
to achieve
3. balanced state where its active but limited by law
,Roman historian Tacitus on the legal system - ANSWER society should be careful about
having too much law - will corrupt the state
F.A Hayek + what did he extensively write on - ANSWER law, legisltation and libery
-The Constitution of liberty
-administrative state growth = totalitarianism
-canada and english speaking world is on the way to serfdom
-highlights the fact that dangers arent always clear, but where they are made to be then
its too late = importance of studying legal system
Natural law - ANSWER -old idea in western civilization & generally throughout history
ROMAN REPUBLIC
GREEK THOUGHT
RELIGION
- but is seen across religion, cultures and centuries
emphasizes the relationship btwn law and justice
modern def of natural law - Salmond on jurisprudence - ANSWER -central notion is that
there exists objective moral principles that depend on essential nature of the universe
and can be discovered by natural reason and ordinary law - which conforms to its
principles
Natural law theorist pov on eichmann - ANSWER any law that allows morally heinous
acts is not law
-Nazis violated natural law
-aquinas - not truly law but rather violence
Legal Positivism - ANSWER -legal pov
-say that if everyone decides their own version of natural law there will be
conflict/anarchy/chaos
-even bad law is law - ppl have to do things to change it through legal/political channels
-authority makes law so we must follow
law and philosphy - ANSWER -law sometimes = applied philosophy
law can involve application of philosophical principles
Marxist Philosophy - ANSWER abolition of private property
, law doesnt address private property
-abolition of private property
Classical liberalism philosophy - ANSWER essential rights are to private property
rights/individual liberty/ self ownership/rule of law/free speech/free market
economy/freedom of contract and association/free trade
-follows ideas of john locke and Algernon Sidney
favours limited/minimal government
liberalism has come to mean - ANSWER very different today - now is socialists and
social democrats
- aka favour robust/activist government - large state redistributions of wealth/state and
economic planning
-Obama and Justin Trudeau
John Locke's classical liberal philosophy and is theoretical impact on law - facts of it -
ANSWER rights = strictly implemented - emphasis on rights to life liberty and property
-not granted/defined by the state but are instead from natural rights that existed b4 state
thus R higher
-social contract
-self-ownership
-ownership in general
-state role = protecting natural rights
Locke's social contract - ANSWER ppl only agree to have state/rulers in order to protect
their rights (life, liberty, property)
John Locke's classical liberal philosophy and is theoretical impact on law - example of
how it would look - ANSWER human action/behaviour that doesnt violate rights of
another is always permissible
-law is only engaged when rights are infringed upon
-state cannot expand and limit/regulate
-state is limited to delineation of indiv rights and protection of them
-no state education
If John Locke's ideas prevailed (if his strict view of rights prevailed) would there be a
law preventing murder - ANSWER -intentionally killing and innocent person
CORRECT ANSWERS 100% SOLVED
Who do lawyers owe duty to - ANSWER clients and courts - they are officers of courts
what is the core of the legal system - ANSWER law - resides there in any legal system
Hart's definition of law + whether or not we are bound to it - ANSWER The law is the law
-if they have the authority and have properly enacted law, then it is law
WE ARE BOUND bcs of who enacts it
POSITIVIST -focus on who made law rather than its connection to justice; some of the
best thinkers exist here
Fuller's definition of law - ANSWER Essential to law is that it is connected to principles of
justice and fairness
we are bound because law is good and just and is connected to justice
NATURAL LAW POSITION
What to do when faced with uncertain ethical challenge - avoid facing charges and
allegations of professional misconduct - ANSWER this is when you are in a grey ethical
situation
- call the provincial law society & speak to a legal ethics advisor OR senior lawyer to ask
-> get advice
- dont give name of client (solicitor-client priviledge)
- explain situation + get advice on proceeding
- do memo file about advice received + document advice -> follow advice
what are the BC law society/governing council of law society called - ANSWER The law
society of British columbia
bencher - lawyers who sit on the governing council of law society
3 views on large/powerful state - ANSWER 1. may be dangerous to free people
2. larger is better so to achieve the things we want state actors (politicians/bureaucrats)
to achieve
3. balanced state where its active but limited by law
,Roman historian Tacitus on the legal system - ANSWER society should be careful about
having too much law - will corrupt the state
F.A Hayek + what did he extensively write on - ANSWER law, legisltation and libery
-The Constitution of liberty
-administrative state growth = totalitarianism
-canada and english speaking world is on the way to serfdom
-highlights the fact that dangers arent always clear, but where they are made to be then
its too late = importance of studying legal system
Natural law - ANSWER -old idea in western civilization & generally throughout history
ROMAN REPUBLIC
GREEK THOUGHT
RELIGION
- but is seen across religion, cultures and centuries
emphasizes the relationship btwn law and justice
modern def of natural law - Salmond on jurisprudence - ANSWER -central notion is that
there exists objective moral principles that depend on essential nature of the universe
and can be discovered by natural reason and ordinary law - which conforms to its
principles
Natural law theorist pov on eichmann - ANSWER any law that allows morally heinous
acts is not law
-Nazis violated natural law
-aquinas - not truly law but rather violence
Legal Positivism - ANSWER -legal pov
-say that if everyone decides their own version of natural law there will be
conflict/anarchy/chaos
-even bad law is law - ppl have to do things to change it through legal/political channels
-authority makes law so we must follow
law and philosphy - ANSWER -law sometimes = applied philosophy
law can involve application of philosophical principles
Marxist Philosophy - ANSWER abolition of private property
, law doesnt address private property
-abolition of private property
Classical liberalism philosophy - ANSWER essential rights are to private property
rights/individual liberty/ self ownership/rule of law/free speech/free market
economy/freedom of contract and association/free trade
-follows ideas of john locke and Algernon Sidney
favours limited/minimal government
liberalism has come to mean - ANSWER very different today - now is socialists and
social democrats
- aka favour robust/activist government - large state redistributions of wealth/state and
economic planning
-Obama and Justin Trudeau
John Locke's classical liberal philosophy and is theoretical impact on law - facts of it -
ANSWER rights = strictly implemented - emphasis on rights to life liberty and property
-not granted/defined by the state but are instead from natural rights that existed b4 state
thus R higher
-social contract
-self-ownership
-ownership in general
-state role = protecting natural rights
Locke's social contract - ANSWER ppl only agree to have state/rulers in order to protect
their rights (life, liberty, property)
John Locke's classical liberal philosophy and is theoretical impact on law - example of
how it would look - ANSWER human action/behaviour that doesnt violate rights of
another is always permissible
-law is only engaged when rights are infringed upon
-state cannot expand and limit/regulate
-state is limited to delineation of indiv rights and protection of them
-no state education
If John Locke's ideas prevailed (if his strict view of rights prevailed) would there be a
law preventing murder - ANSWER -intentionally killing and innocent person
