Exam 3: The Organization of Law
Describe the functions of tort law in society.
Tort law serves several important functions in society. First and foremost, it provides a means for individuals to seek compensation for harm or injury caused by the wrongful actions of others. This helps to ensure that victims are not left to bear the financial burden of their injuries alone and holds wrongdoers accountable for their actions.
Additionally, tort law serves as a deterrent to prevent future harm. By imposing liability on individuals or entities that engage in negligent or intentional conduct, tort law encourages people to act with greater care and consideration for the safety and well-being of others.
Tort law also plays a role in promoting social justice by addressing power imbalances and providing a mechanism for individuals to seek redress when they have been wronged. It allows individuals to hold powerful entities, such as corporations or government agencies, accountable for their actions and provides a means for marginalized or vulnerable populations to seek justice.
Furthermore, tort law contributes to the development of societal norms and standards of conduct by establishing legal precedents and principles that guide behavior and promote a safer and more just society.
Overall, the functions of tort law in society include providing compensation to victims, deterring wrongful conduct, promoting social justice, and shaping societal norms and standards of behavior.
Provincial/territorial courts deal with ___________.
E
Sexual assaults are the least likely to be heard by a sentencing circle.
False
Discuss the objectives that are put forth in consideration by a judge before sentencing.
A challenge for cause can be made on the grounds that a juror failed to meet the occupational requirements.
Researchers have found that the Supreme Court's credibility has _______ since the new millennium.
Goldman and Sarat characterize the ________ dispute as one that seeks to use the courts to determine whether a particular beach of law occurred and whether sanctions should apply.
Goldman and Sarat characterize the ________ dispute as when the government seeks to enforce norms of conduct or to punish individuals who violate such norms.
Goldman and Sarat characterize the ________ dispute by the absence of any initial participation by public authorities.
A voir dire is a trial within a trial to decide upon _____________.
A shadow jury is retained in the event that an original juror is unable to fulfill his/her duties.
According to Goldman and Sarat,the government participates as defendant in the ______ dispute.
The defence of consent is based on the argument that the perpetrator fully knew the potential outcome of his/her wrongdoing and acted in spite of this knowledge.
Should sentencing circles be used more liberally in Canadian courts for Aboriginal populations,should they choose this route? Why or why not?
Remoteness of damage refers to the extent to which the negligent act can be reasonably linked to the damages claimed.
Intentional torts are actions taken by an individual or organization that are meant to cause harm.
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