POLS 3130 Study Guide - Fall 2018, Comprehensive Midterm Notes - Workers United, Winnipeg, Trespass
12 Oct 2018
School
Department
Course
Professor
POLS 3130
MIDTERM EXAM
STUDY GUIDE
Fall 2018
POLS 3130
September 11, 2018
Lecture 1:
The Canadian political and legal system- what comes to mind?
Textbook- not second edition
Case analysis (20%)- 5 double spaced
• 3 cases, pick one and answer questions in essay format
• Do you understand the case and the impact the decision had on society
Politics and policy
• Who gets what, when and how
• public policy— What government’s do…
• How stuff is allocated
3 Questions ******ON EXAM / TEST
• Who makes decisions (politicians, bureaucrats, judges) and how are they chosen (electoral rules, appointment
processes)?
• How are decisions made and what influences decisions (procedural rules; influence of money, votes, ideology, law,
etc.)?
• How are decision-makers held accountable? ***MOST IMPORTANT***
- how do they get away with that?
• Vote them out
• How to get a judge out?
Law
• A body of rules enacted by public officials in a legitimate manner and backed by the forced of the state
• Use valid laws
• Rulers must obey law: society must follow
• Rules are known ahead of time: you knew speeding is wrong and you get ticket
Canada law-abiding
• Rob ford: smoking crack
• Sponsorship scandal- liberal government, awarded public money
• Pacific scandal
• Mike Duffy: lived in Ottawa but claimed expensive in PEI, in order to get taxpayers dollars reimbursed
Theories of law
• Natural law
• Positivism: leader can use a law as long as they have every tool of the state
• Realism: everything of the law is impacted by your education, class, etc. (law is affected by everything)
• Critical legal studies- justice only works for the rich. The richer you are the more benefits you’ll get in the legal
system
Aquinas
• Human law has the nature of law as it partakes of right reason
find more resources at oneclass.com
find more resources at oneclass.com
What’s the link?
Homer, Jehovah’s Witness
That ‘R’ word and Quebec— racist
11 - Roncarelli v. Duplessis, 1959
Facts:
• Roncarelli, Private citizen and Jehovah’s Witness.
• Bailed out other Jehovah's Witnesses who had been
detained for distributing pamphlets.
• Duplessis, Premier and Attorney General of Quebec orders Liquor Commissioner to revoke Roncarelli’s liquor
licence.
• Commissioner was empowered to cancel permits at his discretion.
• Roncarelli: owns liquor licences (bar)
• Cancels liquor permit based on religious beliefs / personal opinion
• Liquor licences revoked because he was a Jehovahs Witness
• Verdict 6-3 —— 3 of them from Quebec…
• Legal realists- Social and political context of Quebec
The padlock law
• Locked you out of house if you were a communism
• Lack of religion
• Violate of the law- the government of Quebec was criminalizing religious association
Common Law
• UK, Canada, US, number of other former British colonies.
• Civil Law
• Continental Europe, Asia, Quebec and Scotland (partly).
• Sharia
• Middle East, Asia
Civil law
Most widely used in countries BUT not the most widely used when it comes to the number of people ***
• Everything is codified
• IT IS ENFORCED IN QUEBEC**
IN WHICH PROVINCE IN CANADA IS NAPOLEON CODE. ** ON TEST **
• QUEBEC
Common Law
• In England
• Judges were looking at other parts of England and built the common law
find more resources at oneclass.com
find more resources at oneclass.com
Document Summary
3 cases, pick one and answer questions in essay format: do you understand the case and the impact the decision had on society. Politics and policy: who gets what, when and how, how stuff is allocated public policy what government"s do . Law: rulers must obey law: society must follow, rules are known ahead of time: you knew speeding is wrong and you get ticket. Canada law-abiding: rob ford: smoking crack, mike duffy: lived in ottawa but claimed expensive in pei, in order to get taxpayers dollars reimbursed. The richer you are the more benefits you"ll get in the legal system. Aquinas: human law has the nature of law as it partakes of right reason. Liquor licences revoked because he was a jehovahs witness. Legal realists- social and political context of quebec. Locked you out of house if you were a communism. Lack of religion: violate of the law- the government of quebec was criminalizing religious association.
