CLU 3M1 Law Grade 11 Exam Review

Rule of law

Principle of justice that sates that the law is equal for everyone, no one is above the law, and the law is needed to regulate society

Retribution

Justice based on punishment

Restitution

Payment made by the offender to the victim of the crime

Adversarial system

Judicial process where evidence is presented by two opposing parties to a judge or jury

Case law

Method of deciding cases based on recorded decisions of other cases

Common law

Law that developed in English courts and is common to all people. Relies on case law

Stare decsis

Stand by your decision

Rule of precedment

Applying a previous decision to a case that has similar circumstances

Habeas Corpus

Court order stating that it prevents unlawful arrest by assuring that anyone detained is charged before a court within a reasonable amount of time

Satute law

A law or act passed by the government

Roman law

Law must be recorded, and the law was not only up to the judge to interpret.

Code of Hammurabi

One of the earliest known sets of laws

Mosaic law

Biblical law such as the 10 commandments

Greek law

1st form of democracy

International law

Governs relations between independent nations

Domestic law

Governs activity within a nations borders

Substantive law

Defines the rights and obligations of citizens and the government

Procedural law

Proscribes the methods of enforcing substantive law

Public law

Person vs. state

Constitutional law

Person vs. constitution

Criminal law

Identifies crimes and punishments

Administrative law

People vs. government, agencies, or/and boards

Civil law

Person vs. person OR person vs. organizations aka suing

Employment law

Governs employer/ employee relationships

Property law

The division and distribution of property after death

Tort law

Holds persons or private organizations responsible for damage they cause another person

Contract law

Provides rules regarding agreements between people and businesses

Family law

Deals with various aspects of family life

Wills and estates

Concerned with the distribution and division of property and belongings after death

Prima facie

Legally convincing case or evidence

Direct discrimination

An open act of discrimination

Constructive discrimination

Employment policies that inadvertly exclude certain individuals

Accommodation

Adjusting conditions to enable a person to do the duties of their job

Bonafide occupational requirement

A qualification that would normally be considered discriminatory but is nesscessary for proper or efficient job performance

Remedies for human rights complaints

Issue a letter of apology, money for mental anguish, giving back the job

Notwithstanding clause

Section 33 of the charter, allows parliament to override certain portions of the charter

What is in section 1 in the charter?

Garuntee of rights and freedoms plus the reasonable limits clause

What is in section 2 of the charter?

Fundamental freedoms which include the freedom of coscience, religion, thought and belief, expression, press, association and peaceful assembly

What is in section 3 of the charter?

Democratic rights which include the right to vote when you're 18, and choosing a new PM every 5 years

What is in section 6 of the charter?

Mobility rights, which give you the right to move in and out of Canada freely

What is in section 7 of the charter?

Legal rights such as the right to liberty, life and security

What is in section 15 of the charter?

Equality rights such as individuals are equal and the fact that governments are allowed to improve conditions for equality

What is in section 16 of the charter?

Official languages of Canada, which include English and French

Who signed the charter?

Pierre Elliot Trudeau

Actus Reus

Guilty act

Men's rea

Guilty mind

What are the four components that are required for a crime to exist?

Action must be serious in harm and degree, action must be deemed wrong by society, action must cause harm to people and action must be dealt with through the criminal justice system

Abetting

Person encourages the perpetrator to commit the crime

Aiding

Defense raised by the accused claiming they were no where near the scene of the crime when it was committed

Attempt

Intention to vomit a crime but the plan didn't go through

Counseling

Person advised another person to commit a crime

Intent

State of mind, you know what the results will be but you do it ANWAYS

Knowledge

Awareness of certain facts that can be used to establish men's rea

Motive

The reason the person commits the crime

Negligence

Careless conduct that causes foreseeable harm to another person

Party to common intention

The shared responsibility among criminals for additional offenses that are conmited in the course of the crime they originally intended to commit.

Perpetrator

The person who actually commits the crime

Liability

Legal responsibility for a wrongful action

Appeal

An application to a higher court to review the decision made by a lower court

Beyond a reasonable doubt

Defendants guilt must be proven to a certain extent

Direct examination

1st questioning of a witness

Cross examination

2nd questioning of a witness to test the accuracy of the testimony

Summary conviction

Damages under 5000$

Indictable conviction

Damages over 5000$

Hybrid offense

Could go to summary or indictable

Burden of proof

Rests on the prosecution to try and prove or disprove a fact

Circumstantial evidence

Indirectly points to a conclusion

Direct evidence

Testimony given by a witness

Phyiscal evidence

Knife or shoe

Forensic evidence

DNA evidence

What defended can be used for a criminal action?

Mental disorders and states

Mental state

Relys on the inability to make decisions based on a certain capacity

Mental disorders

Left accused incapable of knowing that act was wrong

What are some justifications lawyers can use for the actions of the criminal?

Self defense, compulsion or necessity

Self defense

Name says it all

Nescessity

There was no reasonable alternative

Compulsion

Accused person was forced by threats as violence to do something against their will

What are the principals of justice

Consistency, equity, equality, need, neutrality, trust, standing, desert, fair share and fair play

What are some forms of sentencing

Community service, house arrest, imprisonment (max, min and mandatory), official warning, probation for young offenders which includes supervision or payment of compensation

Unintentional tort

Injuries to victim we're caused by accident

Intentional tort

Actions interned to cause harm to victim

What are some civil remedies?

Injunctions, garnishment, specific performance, and execution

Injunctions

Court order, requiring or prohibiting an action

Specific performance

Requires you to fulfill certain terms of a contract

Garnishment

3rd party pays money to plaintiff

Execution

Seizure and sale of debtors asserts

What is stage 1 of the 3 stages for an unintentional tort case?

Did the defendant owe the plaintiff the obligation to avoid careless actions that might harm people?

What is stage 2 of the 3 stages for an unintentional tort case?

Did the defendant fail to provide the plaintiff with the proper standard of care that a reasonable person would have provided in a similar situation?

What is stage 3 of the 3 stages for an unintentional tort case?

Did the defendants actions case the plaintiff injuries?

Child custody

Custody must be determined to decided with parent the child will live with

Custodial parent

Parent who cares for the child

Noncustodial parent

Parent who does not care for the child

child support

Payment 1 parent makes to the other to financially meet the needs of their child

Sole custody

Only 1 parent cares for the child

Split custody

Siblings are separated and care divided between the two parents

Joint custody

1 parent mainly cares for child, but both make decisions for the child

Shared custody

Both parents spend equal time with child

Name two civil remedies where payment is involved

Pecuniary and non-pecuniary

Pecuniary

Compensation for calculable losses

Non Pecuniary

Compensation for non calculable losses