Midterm Crim 235 PT.1 (Answered) 388
Questions and Correct Answers, 100%
Verified| 2025/2026.
What is the authority of the law based on?
Collective will of the community.
Is there a metaphysical basis for the authority of the law?
No, it is based on collective will.
Is there a capital-J 'Justice' that supersedes our rules?
No, justice is the procedural outcome of rules.
Is law the solution or the problem in social conflict?
Law is necessary to prevent chaos.
What is the purpose of government according to Thomas Hobbes?
To control individualistic nature of humans.
What does the quote 'Man is born free, and everywhere he is in chains' imply?
Restrictions and limitations imposed by society.
Who is considered the real founder of civil society?
The first man who enclosed a piece of ground and claimed it as his own.
What is the rule of law?
The principle that all persons and institutions are equally accountable to publicly enacted laws.
What does the rule of law ensure?
Accountability, predictability, fairness, and conformity to constitutional values.
What is the importance of the Roncarelli v. Duplessis case?
It emphasizes the importance of the Rule of Law.
What does the rule of law prevent?
Subjecting individuals to the random whims of the State.
Who is held accountable under the rule of law?
All agents of the State, including police, prosecutors, elected officials, and judges.
What must the law be under the rule of law?
Consistent, predictable, and equally applied to all people.
,What is the purpose of judicial review?
To ensure fairness and conformity to constitutional values.
What are legal theories?
Conceptual frameworks used to understand and analyze the law.
What are the principles of the rule of law?
Accountability, predictability, fairness, and conformity to constitutional values.
What are the practices of the rule of law?
Consistent enforcement, equal application, and judicial review.
What is the role of the judiciary in the rule of law?
To fairly enforce the laws and hold all persons and institutions accountable.
What is the purpose of the rule of law?
To prevent arbitrary imposition and enforcement of laws.
What is the significance of the rule of law in parliamentary democracies?
It ensures that laws are fairly enforced and all persons are accountable.
What is the role of law in the rule of law?
To provide a framework for accountability and predictability.
What is the role of the State in the rule of law?
To enforce laws and ensure accountability for all persons and institutions.
What is the role of the individual in the rule of law?
To abide by the laws and be held accountable like any other person.
What is the role of judicial review in the rule of law?
To ensure that rules, regulations, policies, and procedures are fair and conform to constitutional
values.
What are legal philosophies?
Underlying theoretical structures of understanding the law.
What is the role of legal philosophies?
To provide different ways of understanding the law and legal procedure.
What is the relationship between law and economic power?
Law is shaped to protect economic power.
What is the primary purpose of law according to Marxist social or legal critiques?
To protect the property rights of those who own the means of production.
, How do Marxist social or legal critiques view history?
As primarily driven by economic forces.
What is the difference between law and communism?
Law is not the same thing as communism, although both arise from the theories of Karl Marx.
What is Critical Legal Theory?
An approach that looks beyond written law to uncover underlying assumptions and values.
What do critical legal theorists examine in laws and procedures?
Hidden assumptions and values, often related to inequality and oppression.
How do critical legal theories view language in relation to law?
They approach law with a critical eye on language and interpretation.
What does the term 'reasonableness' mean in legal context?
It refers to a standard defined by interpretation and can be influenced by normative ideology.
What is the focus of feminist legal theories?
The male-centric nature of politics and law.
Who was Clara Brett Martin and what did she achieve?
She became the first female lawyer in Canada in 1899 after challenging the Law Society's exclusion
of women.
How does feminist legal critique view the impartiality of law and courts?
As an illusion, subject to bias and lack of impartiality.
What is the aim of feminist legal theories?
To push for continued emancipation.
What is the view of anarchist theories on the social contract?
It is seen as the root of conflict.
What is the alternative proposed by anarchist theories?
Smaller cooperative communities with radical democracy.
What is the view of libertarian theories on the need for a legal structure?
Limited to protecting the individual from the State and others.
What is the case Carter v. Canada (Attorney General) about?
Assisted dying and the criminalization of it in Canada.
What is the negative consequence of the criminalization of assisted dying?
Severe and intolerable suffering for those who are grievously and irremediably ill.
Questions and Correct Answers, 100%
Verified| 2025/2026.
What is the authority of the law based on?
Collective will of the community.
Is there a metaphysical basis for the authority of the law?
No, it is based on collective will.
Is there a capital-J 'Justice' that supersedes our rules?
No, justice is the procedural outcome of rules.
Is law the solution or the problem in social conflict?
Law is necessary to prevent chaos.
What is the purpose of government according to Thomas Hobbes?
To control individualistic nature of humans.
What does the quote 'Man is born free, and everywhere he is in chains' imply?
Restrictions and limitations imposed by society.
Who is considered the real founder of civil society?
The first man who enclosed a piece of ground and claimed it as his own.
What is the rule of law?
The principle that all persons and institutions are equally accountable to publicly enacted laws.
What does the rule of law ensure?
Accountability, predictability, fairness, and conformity to constitutional values.
What is the importance of the Roncarelli v. Duplessis case?
It emphasizes the importance of the Rule of Law.
What does the rule of law prevent?
Subjecting individuals to the random whims of the State.
Who is held accountable under the rule of law?
All agents of the State, including police, prosecutors, elected officials, and judges.
What must the law be under the rule of law?
Consistent, predictable, and equally applied to all people.
,What is the purpose of judicial review?
To ensure fairness and conformity to constitutional values.
What are legal theories?
Conceptual frameworks used to understand and analyze the law.
What are the principles of the rule of law?
Accountability, predictability, fairness, and conformity to constitutional values.
What are the practices of the rule of law?
Consistent enforcement, equal application, and judicial review.
What is the role of the judiciary in the rule of law?
To fairly enforce the laws and hold all persons and institutions accountable.
What is the purpose of the rule of law?
To prevent arbitrary imposition and enforcement of laws.
What is the significance of the rule of law in parliamentary democracies?
It ensures that laws are fairly enforced and all persons are accountable.
What is the role of law in the rule of law?
To provide a framework for accountability and predictability.
What is the role of the State in the rule of law?
To enforce laws and ensure accountability for all persons and institutions.
What is the role of the individual in the rule of law?
To abide by the laws and be held accountable like any other person.
What is the role of judicial review in the rule of law?
To ensure that rules, regulations, policies, and procedures are fair and conform to constitutional
values.
What are legal philosophies?
Underlying theoretical structures of understanding the law.
What is the role of legal philosophies?
To provide different ways of understanding the law and legal procedure.
What is the relationship between law and economic power?
Law is shaped to protect economic power.
What is the primary purpose of law according to Marxist social or legal critiques?
To protect the property rights of those who own the means of production.
, How do Marxist social or legal critiques view history?
As primarily driven by economic forces.
What is the difference between law and communism?
Law is not the same thing as communism, although both arise from the theories of Karl Marx.
What is Critical Legal Theory?
An approach that looks beyond written law to uncover underlying assumptions and values.
What do critical legal theorists examine in laws and procedures?
Hidden assumptions and values, often related to inequality and oppression.
How do critical legal theories view language in relation to law?
They approach law with a critical eye on language and interpretation.
What does the term 'reasonableness' mean in legal context?
It refers to a standard defined by interpretation and can be influenced by normative ideology.
What is the focus of feminist legal theories?
The male-centric nature of politics and law.
Who was Clara Brett Martin and what did she achieve?
She became the first female lawyer in Canada in 1899 after challenging the Law Society's exclusion
of women.
How does feminist legal critique view the impartiality of law and courts?
As an illusion, subject to bias and lack of impartiality.
What is the aim of feminist legal theories?
To push for continued emancipation.
What is the view of anarchist theories on the social contract?
It is seen as the root of conflict.
What is the alternative proposed by anarchist theories?
Smaller cooperative communities with radical democracy.
What is the view of libertarian theories on the need for a legal structure?
Limited to protecting the individual from the State and others.
What is the case Carter v. Canada (Attorney General) about?
Assisted dying and the criminalization of it in Canada.
What is the negative consequence of the criminalization of assisted dying?
Severe and intolerable suffering for those who are grievously and irremediably ill.
