...Introduction to Legal Studies Mock Exam Lecture 2 1. Formal social control is likely used in what society? a. Homogeneous society b. Heterogeneous society c. Civil law society d. Common law society 2. The Cheyenne Nation, as discussed by Llewellyn and Hoebel, is an example of a _______________ society which would likely use _____________ social control. e. Heterogeneous society, formal f. Homogeneous society, formal g. Heterogeneous society, informal h. Homogenous society, informal 3. Which is not a theory of legal scholar Donald Black? i. Law is more prominent in some societies than others j. Law is insubstantial in some societies k. Law is more prevalent in some societies than others l. Law is a quantitative variable 4. According to Nils Christie, the three (3) characteristics of formal social control are as follows: m. Explicit rules of conduct, planned use of sanctions to support the rules and designated officials to interpret and enforce the rules. n. Explicit rules of conduct, planned use of legal scholarship to support the rules and designated officials to interpret and enforce the rules. o. Explicit rules of conduct, planned use of legal scholarship to support the rules and individuals who have internalized and enforce the rules. p. None of the above 5. Which is a problem with western legal systems not discussed by Nils Christie...
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...individuals. Historically citizenship is being inevitably linked with the state formation. Originally citizenship was denoting residence of people within protected walls of a city. Thus, whoever belonged to a community residing inside the boundaries was considered a citizen. Later this term has acquired a different meaning and the standards and definitions of citizenship have changed. There were many reasons that have caused such changes: history proceeded with its migrations, wars and annexation and along on its way brought new meanings to citizenship. Such change in definition, for example, can be found in suffrage granted to women and the nonpropertied classes. Paupers, convicts and soldiers are another example of how political and civil rights were once a privilege of certain classes only (Dahrendorf, 1974, p. 11). With the introduction of mass democracy and social protection as well as introduction of welfare state a need in the new conception that would look on the relationship on an individual and the state appeared consequently. The norms of citizenship, therefore, have improved with the development of state and citizenship became a multination concept, which implies different things to different nations (Dahrendorf, 1974, p. 12). According to Michael Ignatieff (1995), the introduction of the welfare state can be explained as an attempt to make citizenship “a real as opposed to a purely formal experience” (Ignatieff, 1995, p. 67). The experience of World War Two has demonstrated...
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...Literature review In my research proposal I decided to conduct a study based on undocumented immigrants in Canada and find out whether they have access to services in institutions and what are those services provided in Canada for those who have no legal status and need medical assistance for visible or non-visible disabilities. However, I acknowledge that the population I chose to do my research with, it is difficult to reach as many undocumented migrants -in despite of the reasons why they have no legal status, are afraid to be deported to their home country by the police and immigration officials. As part of my strategy to reach undocumented participants, I wanted to use the snowball method as it is more feasible to contact this population...
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...government? And why are their theories important to today’s government? To respond, I will be arguing that Hobbes and Locke have two completely different views on how governments should be run; Hobbes focuses on authoritarian regime and Locke’ main idea is there should be a civil society. To answer the latter, I will analyze Hobbes’s theory of government with today’s government and I will also analyze Locke’s Theory of government with today’s government. Thomas Hobbes believed in a form of government in which people were controlled by an absolute ruler (Leviathan). For Hobbes, he believed that all human beings were naturally selfish and cruel; he believed that the State of Nature is short, poor and disorderly (Lecture). People in the State of Nature pursue their self-interests (material gain and personal safety), and this will lead to human beings to make enemies and create conflict (Lecture). Therefore, without government there will be no control over humans and life would be disorganised. In his eyes, a ruler is necessary for a state to thrive and flourish, without a leader, society would be chaotic (Leviathan). In this type of government, people would need to hand over their social contracts and their rights to a ruler. Hobbes believes people are rational, therefore people would realize that their natural habits would lead them to conflict and a “State of War” (Leviathan). When people use reason, people will figure out that if they gave up their own self-interests, other people...
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...Many hands were responsible in shaping Canada into what it is today. One significant political figure who contributed in this was Pierre Trudeau. Winning a majority government with his Liberals, Trudeau became the 15th Prime Minister of Canada in 1968 (Whitaker 13). Effectively taking advantage of his authority, he helped strengthen Canada as a country, all the while assuring its unity as a nation. He maintained stability between French and English speaking Canadians and recognized Canada's stand globally as an independent country, as he continued to protect the rights and freedoms of all his citizens. All these aspects establish Pierre Trudeau as a positive defining leader who marked his stand in Canadian history. Prime Minister Pierre Trudeau...
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...realists – rules Courts willing to enforce Categories of Law * Substance Law v Procedure Law * Private Law v Public Law * Common Law v Civil Law Origins of Law 3.1. Common Law Legal System * Precedent: Follow the previous similar case * Stare decisis: let the precedent stands * Advantages: consistency, predictability, without sacrificing flexibility * Binding: (1) same jurisdiction Or (2) Higher Courts 3.2. Civil Law Legal System * Judges followed codes (Napoleonic Codes) Sources of Law Common Law * Traveling Court Law Merchant | NI: such as Promissory note and cheques | Canon Law | Will, Estate | Church Law | Family Law | Equity * Courts of Chancellor or Equity: arising due to the rigidity of Common Law. To relief and Satisfaction * Examples: specific performance and injunctions * Courts of Equity merged with Common Law Courts in around 1875. Statute * Parliament enacted Bills, with Royal consent becomes Statutes * Court cannot override but judges can: i. Interpret the law (whether violate constitutions) and determine the scope of applications ii. Identify special factors and distinguish different facts (judge-made laws) Law in Canada Constitution Act 1867 | Constitution Act 1982 | also known as British North American Act | included Charter of Rights and Freedoms | Division of legislative powers % federal and provincial government | | Sec. 91 Federal power set out in 91(P.O.G.G.) residual...
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...of the black church has made an impactful influence in educating and organizing black communities for civil rights. There are many components and factors in black church history that have made it such a wonderful place for blacks in both the post civil war era and the civil war era. For example, one of the first black churches in the history of America “was created before the American Revolution, around 1758. Called the African Baptist or ‘Bluestone’ Church, this house of worship...
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...NGO Engagement with the Private Sector on a Global Agenda to End Poverty: A Review of the Issues A Background Paper for The Learning Circle on NGO Engagement with the Private Sector Canadian Council for International Cooperation Policy Team Moira Hutchinson January 2000 Acknowledgements: This paper was prepared by Moira Hutchinson as an introductory paper to issues for the CCIC’s Learning Circle on NGO Engagement with the Private Sector. CCIC is grateful to the IDRC’s Canadian Partnerships Program for funding for the Learning Circle, including the production of this paper. The author wishes to express appreciation for the editing and other assistance provided by Brian Tomlinson of the CCIC, and for suggestions from other members of the planning group for the Learning Circle: Andrea Botto, Anne Buchanan, Tim Draimin, Philippe Jean, Brian Murphy and Lynda Yanz. 2 NGO Engagement with the Private Sector on a Global Agenda to End Poverty : A Review of the Issues Table of Contents 1. Introduction 1 2. What is this discussion really about? 2 3. Canadian NGOs: issues in advocacy, dialogue and partnership 3 3.1 Advocacy 3 3.2 Direct dialogue 6 3.3 Programming social partnerships and strategic alliances 8 3.3.1 What is driving the discussion of social programming partnerships and strategic alliances? a) Corporate interests b) Intermediary organizations c) NGO interests d) Government agendas e) Overlapping NGO-corporate interests? 10 10 11 12 13 14 3.3.2 Financial relationships...
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...During the 1960’s to 1970’s, North American politics was at a turbulent stage. America was experiencing a break-through of racial politics in the 1960’s, led by leaders such as Martin Luther King Jr. Shortly after Canada also went through political turmoil in 1970 with the FLQ Crisis, which was addressed by Pierre Elliot Trudeau. Both leaders responded to crisis through action and by political writing. Martin Luther King’s political writing, “Letter from Birmingham and Pierre Trudeau’s, “Notes for a national broadcast, October 16 1970” both have similarities and differences. Both works address the public to deal with civil disobedience, the means to make political change, roles of government in handling civil unrest in democratic regimes and the responsibility for citizens to protest or disobey ‘unjust laws’. How ever both works are written from different perspectives. Despite their differences both works do well at complimenting each other since they share the same values. Martin Luther King’s arguments were addressing segregation and inequality experienced by African-Americans. The “Letter from a Birmingham Jail [King, jr.]’ written by the American civil rights activist is concerning the issues of terrorism and summons action to respond racial laws through non-violence in attempt to establish peace and end oppression. Acts of terrorism were, “unsolved bombings of Negro homes and churches” (King, paragraph 6). King refers to Birmingham experiencing such high levels of terrorism...
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...the country. * Events such as the 1837 Rebellion, the Quiet Revolution and the late 20th century referendums all prove the negative tension between the 2 dominant cultures of Canada. * Point #2: the multiculturalism Canada is known for turns out to be one of the primary reasons why Canada hasn’t yet developed a strong national identity. * Thesis Statement: The combination of Canada’s cultural roots failing to coexist through its history and the significant amount of multiculturalism this country possesses makes it impossible for Canada to have one true national identity. * Closing sentence: the effects of these factors shows today, as the majority of people both inside and outside of Canada fail to recognize a consensual concept within the country, that could be concretely characterized as Canada’s national identity. Body Paragraph #1: * Topic Sentence: Perhaps one of the most critical reasons why Canada’s national identity has struggled to develop is due the considerable amount of tension between the two founding cultures of the country. * Throughout the history of Canada, the English and the French have faced off in a conflict against one another. * This relationship dates back to the start of the French-Indian War * Even though France had to hand over Canada to the British, most...
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...The Need for Whistleblowing Legislation in Canada: A Critical Defence Jonathan Carson Research Officer The Association of Management, Administrative and Professional Crown Employees of Ontario 1 Dundas Street West Suite 2310, Box 72 Toronto, ON M5G 1Z3 carson@amapceo.on.ca Paper presented to the Canadian Political Science Association Conference, June 2006 The opinions expressed herein are those of the author and do not necessarily reflect those of AMAPCEO Working Paper – Please do not cite without permission from the author Introduction This paper is about the need for whistleblowing legislation in Canada, at both the federal and provincial levels. The focus of the paper is squarely on the public service. Although certain jurisdictions (for example, the United Kingdom1) have a single disclosure regime covering both the private and public sectors, then general trend throughout the world is for distinct legislation for the two sectors. In Canada, there are already numerous statutory avenues for individuals in both the public and private sectors to blow the whistle; however, the grounds for disclosure are generally quite circumscribed, with the statutes tending to deal only with specific concerns, e.g. occupational health and safety or the environment.2 At present whistleblowing legislation is coming into vogue across Canada, at both levels of government. This paper argues that such legislation should have the modest goal of protecting good faith whistleblowers. This...
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...Implications for Canada Research Study Prepared for the Wise Persons’ Committee Gordon Boissonneault Senior Economist, WPC Staff October 24, 2003 The Relationship between Financial Markets and Economic Growth: Implications for Canada Executive Summary The financial sector has experienced significant change over recent decades, driven by advances in information and communications technology and widespread reductions in international barriers to trade and investment. International integration is advancing rapidly, reflecting in part the development of global production chains and the rapid growth of emerging market economies. As a result of the forces of integration, international competition has become more fierce and firms are under increasing pressure to cut costs and differentiate their products to survive. Canada’s economy has numerous linkages beyond its borders, particularly with the United States. The future improvement of Canadians’ standard of living will depend in large part on foreign investment in Canada and the ability of Canadians to invest abroad. In this regard, a thriving financial sector will be a key component of our success. Canada has a small share of the global capital market. Thus, to be competitive, the Canadian capital market must be efficient and offer a low cost of capital. As much as possible, the policies and institutions that govern the Canadian financial sector should be harmonized to international standards. Made-in-Canada policies...
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...DOUBLE JEOPARDY A review of the Law Lovetta Smith CJUS 220 Professor Jeff Sexton October 13, 2013 INTRODUCTION This essay will provide detailed information on the Fifth Amendment which is very important in the United States. It will explain and give understanding of the importance of the Double Jeopardy Amendment and how it is used in the system of Law. Also it will discuss case in which involved the Fifth Amendment and how it was used to protect the citizens of several cases and how the people were protected with the Fifth Amendment rule inside the system of law. Double jeopardy is a procedural defense that forbids a defendant from being tried again on the same charges following a legitimate acquittal or conviction. In most countries with the common law rule most criminals are allowed to enter a plea of not guilty or autrefois acquit, which is a French law meaning a person has been found not guilty of the same charge in a previous trial with the same evidence and cannot be retried for the same crime regardless of what new evidence that has surfaced. Double Jeopardy is a procedural defense that protects a person from being tried again for the same crime. Double Jeopardy is the oldest legal concept of western civilizations. Double jeopardy is the prosecution of a person for an offense for which he or she has already been prosecuted. The double jeopardy clause, which is in the Fifth Amendment of the United States Constitution, was designed to protect an individual...
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...FDI. It is stated that Canadian democratic systems prevent government from abusing power; market-oriented economic systems advocate innovation and property rights protection and its legal systems provide safeguards to property rights protection. Therefore, it believes that investing in Canada is a good choice. Since Canada is rich in natural resources and has rich human resources, it is recommended that Canada is appealing for firms which are doing business in the field of natural resources or high-technology. Table of Content Executive Summary 1 1. Introduction 4 2. Political Economy Analysis 5 2.1. Political System 5 2.2. Economical System 6 2.3. Legal System 8 3. Recommendation 9 4. Conclusion 9 References 10 Appendix 12 Table of Figures Figure 1 FDI Index 4 Figure 2 Protection Years 7 Figure 3 Net government debt as percent of GDP 8 1. Introduction Canada, with a population approximately 34 million people, is the second largest country in size after Russia (CIA, 2013). Canada is also one of the largest advanced economies in the world. In the respect to attracting FDI, it jumps 16 spots into 4th place (ATKearney, 2013). Figure 1 FDI Index Source: (ATKearney, 2013) The aim of this report is to assess Canadian attractiveness as a destination for foreign direct investment. Firstly it gives an overview of Canada. Then it will adopt the Political Economy Analysis to discuss the benefits, risks and costs from Canadian political, economical and legal systems for FDI....
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...Jump to navigation Search Cornell Search About LII / Get the law / Lawyer Directory / Get Legal Forms / Legal Encyclopedia / Help Out • • Wex • all pages • articles • español • Inbox Project • search • FAQ Legal systems Introduction: profusion and variety There are hundreds of legal systems in the world. At the global level, international law is of great importance, whether created by the practice of sovereign states or by agreement among them in the form of treaties and other accords. Some transnational entities such as the European Union have created their own legal structures. At the national level there are over 180 sovereign states in the United Nations Organization. Many of these are federal or confederal, and their constituent parts may well have their own law. But, despite this great variety, it is important to begin by emphasizing one great division: that into religious and secular legal systems. Each side of this split holds quite different views as to law, in its source, scope, sanctions, and function. The source of religious law is the deity, legislating through the prophets. Secular law is made by human beings, and one of its most famous examples begins with the words 'We, the people'. It follows from this difference in their source that religious laws are perceived to be eternal and immutable, while secular rules can be changed by their makers. Religious law tells people what to believe as well as how to behave, whereas secular law deals...
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