grade 11 law exam review

role of jury

listen to evidence, decide beyond reasonable doubt, listen to judges charge, make a unanimous decision

torts

private law, damages caused by a person or organization

public law

relationships between individuals and the state

criminal law

defines crimes and punishments

administrative

relationships between citizens and the government

constitutional

deals with all issues involving the charter

undue hardship

financial or safety and health risks that make it impossible to accommodate

marriage

family law, legal contract between 2 people, requires licens, legal capacity, and consent

bill of rights (1960)

federal statue, only applies to federal government, can be changed

charter of rights and freedoms (1982)

consitituional, applied to all governments and overrides conflicting laws

contracts

legally binding agreement that states rights and obligations, breach can result in damages

procedural law

outlines the steps involved in protecting our rights

jury

decides verdict in serious indictable offences

witnesses

provide testimony

court clerk

reads charges, handles all paperwork

court recorder

records everything said in court

Notwithstanding clause

(section 33) allows government to create certain laws that contradict the charter

voir dire

mini trial held within trial to determine if evidence is admissable

rebuttal

evidence used by the crown to counter the defence

surrebuttal

allows the defence to respond to the rebuttal

restitution

act of making good, restoring

private law

legal relationships between individuals and organizations

habeas corpus

produce the body, to present a case on why the accused is being denied their freedom

adversial system

crown and defence present opposing cases before a judge who decides the verdict

rule of law

law applies equally to everyone, no one is above the law

substantive law

laws that outline a persons rights and obligations in society

common law

based on past legal decisions

3 sources of canadian law

common, constitutional, legislation

general damages

compensation for emotional harm and loss of dignity

special damages

reimbursment for financial loss due to discrimination

pretrial procedures

arrest or appearance notice issues, bail within 24h, disclosure, preliminary hearing, plea bargaining, court dates

disclosure

crown shares all evidence with defence before preliminary hearing

non monetary remedies

rectify situation and prevent reoccurrence

public interest

adress systemic issues

mens rea

the guilty mind

actus reus

the guilty act

unlawful arrest or detention

police must have reasonable grounds, protection from arbitrary detention

negligence

tort, a careless act that causes harm to another

retribution

deserved penalty or punishment for a crime

human rights legislation

discrimination based on race, gender, or disability, employers must accommodate unless there is undue hardship

duty of care

specific legal obligation to not harm others or their property

standard of care

degree of caution, expected when a reasonable person is carrying out an action

judge

controls courtroom and ensures fair trial

crown

prosecutes on behalf of society and government

defendant

represents and defends accused

accused

person charged with offence

prima facie

crown must establish justification for a trial

oakes test

a limit on a charter right must be reasonable and justifiable

types of private law

tort, contract, family, labour and employment, will and estates, property

steps of a lawful arrest

identify themselves, state charges, right to counsel, right to remain silent, force if necessary

how a law is made in parliament

first reading: bill is introduced, no debate.

second reading: debate on principle.

comittee stage: detailed review and amendments.

third reading: final debate and vote.

senate review: similar process.

royal assent: bill becomes law.

levels of government

federl: criminal law, national defence, charter

provincial: education, heathcare, property

municipal: local bylaws

automasim

sleep walking, unconscience

self defense

reasonable force to protect oneself or others

alibi

accused was somewhere else when crime occured

mental disorder

unable to understand or know they were wrong

necessity

committed crime to prevent greater harm

4 sources of criminal law

criminal code, charter of rights and freedoms, controlled substance and drugs abuse act, youth criminal justice act