Grade 11 Canadian Law Exam

Defenses in criminal law

arguments and evidence presented by a defendant to show why they should not be held liable for a criminal charge.

Common defences

• self-defence

• insanity

• under stress

• defense evidence

• consent

Self defence

Claiming the use of force was necessary to protect oneself from an imminent threat

Insanity

Arguing that the defendant was not mentally capable of understanding the nature or wrongness of their actions.

Under stress

Asserting that the defendant committed the crime because they were forced to do so under threat of harm.

Defense evidence

Providing evidence that the defendant was elsewhere when the crime was committed.

Consent

Arguing that the alleged victim consented to the defendant’s actions.

Private Law

Deals with relationships between individuals and organizations. Examples include contract law, tort law, property law, and family law.

Examples of private law

• contract law

• tort law

• property law

• family law

Examples of public law

• constitutional law

• administrative law

• criminal law.

Public Law

Governs the relationship between individuals and the state. It includes constitutional law, administrative law, and criminal law.

Common Law

Originated from English common law, which is based on judicial precedents

Civil Law

Derived from French civil law, particularly in Quebec, where the Civil Code is the primary source of law.

Indigenous Legal Traditions

Reflects the customs and laws of Indigenous peoples.

Statutory Law

Laws passed by the federal and provincial legislatures.

Substantive Law

Defines the rights and duties of individuals and organizations (e.g., laws against theft)

Administrative Law

Governs the activities of administrative agencies of government, including rule-making, and enforcement

Procedural Law

Establishes the methods and processes for enforcing legal rights and obligations (e.g., rules of evidence, jurisdiction)

Constitutional Law

Deals with the structure and function of government institutions and the fundamental principles governing the state.

Tort Law

Provides remedies for civil wrongs that cause harm or injury to individuals (e.g., negligence, defamation).

Role of a jury

A jury is a group of citizens tasked with determining the facts of a case in a trial. They listen to evidence, deliberate, and deliver a verdict.

Function of a jury

In criminal trials, the jury decides whether the defendant is guilty beyond a reasonable doubt. In civil trials, they determine liability and, sometimes, the amount of damages.

3 types of offences

• summary offences

• hybrid offences

• indictable offences

Summary Offenses

Less serious crimes with lighter penalties, typically tried in lower courts without a jury.

Indictable Offenses

More serious crimes with heavier penalties, often tried in higher courts with a jury.

Hybrid Offenses

Can be prosecuted as either summary or indictable offenses, depending on the circum

Dangerous Offenders

Individuals deemed by the court to pose a significant ongoing threat to public safety, often resulting in indeterminate sentences.

Ancient Law

Early legal systems like the Code of Hammurabi and Roman law laid the groundwork for modern legal principles.

Medieval Law

Feudal systems and canon law influenced the development of legal systems in Europe.

Common Law

Developed in England, it relies heavily on case law and judicial precedents.

Civil Law

Based on established regulations and statutes, as the Napoleonic Code shows.

Modern Law

Combines elements of common law, civil law, and international law to address contemporary legal issues.

Restitution

Court-ordered compensation by the offender to the victim for harm caused

Specialized Standard of Care

A higher level of duty required from professionals (e.g., doctors, lawyers) compared to the general public.

Entrapment

A defense claiming that law enforcement induced the defendant to commit a crime they would not have otherwise committed.

Aiding & Abetting

Assisting or encouraging another person to commit a crime.

Manslaughter

Unlawful killing of a person without premeditation or malice aforethought, distinguished from murder.

Liability

Legal responsibility for one's actions or omissions, which can result in civil or criminal consequences.

Defenses in criminal law

1. self defence

2. insanity defence

3. duress

4. alibi

5. consent

self defence key factors

• Immediacy of Threat: The threat must be immediate and not a future or past threat.

• Proportionality: The force used in self-defense must be proportional to the threat faced.

• Necessity: The use of force must have been necessary to prevent the harm.

insanity key factors

• Mental Disease or Defect: The defendant must have been suffering from a significant mental disorder.

• Inability to Distinguish Right from Wrong: The disorder must have prevented the defendant from understanding the wrongfulness of their actions.

duress defintion

A defense where the defendant argues that they were forced to commit the crime under threat of imminent harm.

duress key factors

• Imminence of Threat: The threat must be immediate and unavoidable.

• Severity of Threat: The harm threatened must be greater than the harm caused by the defendant’s actions.

alibi defintion

A defense that proves the defendant was elsewhere when the crime was committed.

alibi key factors

• Evidence of Presence Elsewhere: Witnesses, documents, or other evidence showing the defendant’s presence at a different location.

consent key factors

• Voluntary Agreement: The victim must have voluntarily agreed to the actions.

• Legal Capacity to Consent: The victim must have the legal ability to consent.

civil remedies

1. damages

2. restitution

3. specific performance

4. injunctions

5. rescission

6. reformation

damages

• Compensatory Damages: Monetary compensation for actual losses suffered by the plaintiff.

  • Special Damages: Specific, quantifiable losses such as medical expenses, lost wages, and property damage.

  • General Damages: Non-quantifiable losses such as pain and suffering, emotional distress, and loss of enjoyment of life.

• Punitive Damages: Monetary compensation awarded to punish the defendant for egregious behavior and to deter future similar conduct.

restitution

A remedy designed to restore the plaintiff to the position they were in before the defendant’s wrongful act.

restitution key factors

Return of Property or Payment: The defendant must return the property or pay an equivalent amount to the plaintiff.

specific performance

A court order requiring the defendant to fulfill their obligations under a contract.

specific performance key factors

• Unique Subject Matter: Typically used when the subject matter of the contract is unique, such as real estate or rare items.

• Inadequacy of Damages: When monetary damages are insufficient to remedy the harm.

injunctions

A court order that requires the defendant to do or refrain from doing a specific act.

types of injunctions

• Preliminary Injunction: Temporary order issued to maintain the status quo until a final decision is made.

• Permanent Injunction: Final order issued after the court's decision to permanently do or refrain from a specific act.

rescission

The cancellation of a contract, with both parties returning any consideration received.

rescission key factors

• Mutual Mistake: Both parties were mistaken about a fundamental aspect of the contract.

• Fraud or Misrepresentation: The contract was entered into based on false information.

reformation

A remedy that modifies the terms of a contract to reflect the true intentions of the parties.

reformation key factors

• Mistake or Misrepresentation: There was a mutual mistake or misrepresentation in the original contract terms.

Wills

• Legal documents that express a person's wishes regarding the distribution of their property and the care of any minor children after their death.

Contract

The dispute is over an agreement 

Tort

The law that deals with civil wrongs and provides remedies for people harmed by others' actions.

Property.

The law that governs ownership and rental of land and personal items.

Labour law

The area of law that deals with the relationship between employers and employees, including employment contracts, workplace safety, wages, and collective bargaining.

Family

The branch of law that deals with matters related to family relationships, such as marriage, divorce, child custody, and adoption.

Case citation

Last name vs last name

OCJ

stands for the Ontario Court of Justice. It is a provincial court in Ontario, Canada, and is responsible for handling a wide range of criminal, family, youth, and provincial offenses matters in the province. (moderate)

SCJ

stands for the Superior Court of Justice. It is also a court in Ontario, Canada, but it is higher in the hierarchy compared to the Ontario Court of Justice. The Superior Court of Justice handles more serious criminal matters, civil cases involving higher monetary values, family law cases, and appeals from lower courts, among other matters. (More serious crimes)

if private for case study

• wills

• property

• contract

• tort

• labour law

• family

if public for case study

• criminal

• administrative

• constitutional

if private for case study its between

two people. ex: Kang v Kaushal

if public for case study its between

a person and the government. ex: R v Kang

summary for case studies section

• Public vs. Private: Look at the parties involved and the nature of the dispute.

• Type of Law: Identify the core issue (contract, crime, employment, constitutional rights, tort, or administrative decision).

• Case Citation: Use a standard format including names

• Court: Determine the appropriate court based on the type of case and its seriousness (provincial/territorial court, superior court, or Supreme Court of Canada).

criminal law purpose

concerned with offenses against the state or society as a whole. Its primary purpose is to maintain public order, protect public safety, and punish individuals who commit crimes.

criminal law nature of cases

involve actions that are considered to be harmful or dangerous to society and are prosecuted by the state on behalf of the public. Examples include murder, theft, assault, and drug trafficking.

burden of proof

the burden of proof is "beyond a reasonable doubt," meaning that the prosecution must prove the defendant's guilt to a high standard.

criminal law penalties

typically involve fines, imprisonment, probation, or community service, with the aim of punishing the offender and deterring others from similar behavior.

civil law purpose

concerned with disputes between individuals or entities, typically involving private rights and obligations. Its primary purpose is to provide a legal remedy for individuals who have been wronged or harmed by another party.

civil law nature of cases

cover a wide range of matters, including contracts, property disputes, personal injury claims, family law issues (such as divorce and child custody), and tort claims (such as negligence or defamation).

criminal vs civil law

In summary, criminal law focuses on punishing individuals for offenses against society, while civil law focuses on resolving disputes between private parties and providing remedies for those who have been wronged.

types of discrimination

1. direct discrimination

2. indirect discrimination

3. systemic discrimination

4. harassment

5. poisoned environment

6. reprisal

Direct Discrimination

Clear, intentional actions that treat someone unfairly based on a protected ground (e.g., not hiring someone because of their race).

Indirect (Adverse Effect) Discrimination:

Policies or practices that seem neutral but have a negative effect on a particular group (e.g., a job requirement that disproportionately excludes people with disabilities).

Systemic Discrimination

Widespread, ingrained discrimination within an organization or society (e.g., lack of accessibility for people with disabilities).

Harassment

Unwanted comments or actions that demean or offend someone based on a protected ground (e.g., racial slurs at work).

Poisoned Environment

An environment where discriminatory behavior or attitudes create a hostile or offensive atmosphere (e.g., consistent sexist jokes in the workplace).

Reprisal

Negative actions taken against someone because they filed a human rights complaint or supported someone who did (e.g., firing an employee for complaining about discrimination).

Ontario Human Rights Code (OHRC)

Protects individuals from discrimination in areas like employment, housing, and services.

Protected grounds

• Race

• Ancestry

• Place of Origin

• Color

• Ethnic Origin

• Citizenship

• Creed

• Sex

• Sexual Orientation

• Gender Identity and Gender Expression

• Age

• Marital Status

• Family Status

• Disability

• Record of Offenses

factors in a negligence case

• duty of care

• breach of duty

• causation

• damages

duty of care

• The defendant had a legal responsibility to act (or not act) in a certain way toward the plaintiff. (you are claiming that a law was broken, and you're in court to present your case. The plaintiff accuses, the defendant tries to prove that accusation wrong.) 

breach of duty

The defendant failed to meet the standard of care expected in their actions or inaction.

Causation

• Actual Cause (Cause in Fact): The defendant's actions directly caused the plaintiff's injury.

• Proximate Cause (Legal Cause): The injury was a foreseeable result of the defendant's actions.

damages (for negligence short answer)

The plaintiff suffered actual harm or injury, such as physical harm, property damage, emotional distress, or financial loss.