law exam

French law

Nontechnical style made the law accessible to the public

Roman Law

Protected lower class from being abused by ruling class

Lawyers are created

British Law

Judgements based on local customs and traditions based on what was deemed fair (not the same punishment)

Juries of 12 elderly man

Mosaic Law

Distinguish between unintentional vs deliberate acts

Greek Law

Citizens involvement

Juries were created

Babylonian

Codifications of the law

Laws attributed to the God, not human

Restitution; must provide financial compensation

Common Law

Judges decide new cases based on previous judicial decisions

Precendence

A system in which a court must decide subsequent cases in line with previous cases that deal with the same legal issue that have been decided by courts of the same level, or higher

Constitutional Law

Overrides all the other laws; the courts will interpret other laws to ensure that they are consistent with the Constitution

If a law is found in violation to the constitution, it’ll be unconstitutional

Case Law

A method of deciding cases based on recorded decision of similar cases

Statute Law

A law or act passed by the government

Habeas Corpus

You have the right to go to judge to allow for a trial and opportunity for want to defense

A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time

Restitution (Heritage)

Returning things, especially finances, to the way they were before the offense

Retribution (Heritage)

Taking revenge against the wrongdoer for breaking the law and causing suffering

Rule of Precedent

A principle or rule established in a previous legal case relevant to a court or other tribunal when deciding subsequent cases with similar issues or facts

Stare Decisis

A latin phrase meaning “to stand by the decision”

Administrative Law

Law related to the relationship between people and government departments, boards, and agencies

Substantive Law

Defines the rights and duties and obligations of citizens and levels of government

Procedural Law

Evidence and steps to stuff

To show if the law or police were incorrect

Public Law

Controls relationship between governments and the people who live in society

Private Law

Deals with complaints with people or organizations

Contract Law

Outlines the requirements for legally binding agreements

Breach of contract means that legal agreement has been broke and the injured party can sue for damages

Family Law

Deals with spouses, parents and children

Tort Law

Deals with wrongs, other than breach of contract, that one person committed against another person

Malpractice or negligence

Employment Law

Governs the relationship between employers and employee

Distinguish A Case

When a judge rejects previous decision and creates a new precedent

Intra Vires

Within the power of the government to pass laws, within the scope of provincial powers, however criminal law is federal so provincial cannot change that

Ultra Vires

Beyond the power of the government to pass laws

Rules of Law

1. Everyone must recognize and follow the law
2. No one is above law
3. No on can take away one’s rights

Principles of Justice

1. We should treat like cases alike
2. We consider a law unjust if it discriminates on the bases of irrelevant characteristics
3. Justice should be impartial
4. Law should conform to society’s values and beliefs

3 Sources of Canadian Law

1. Statutes
2. Regulations
3. Bylaws

3 Branches of Government

1. Executive Branch
2. Legislative Branch
3. Judicial Branch

Charter of Rights & Freedoms

Protects those basic rights and freedoms of all Canadians that are considered essential to preserving Canada as a free and democratic country

Oakes Test

1. Is this infringement prescribed by law
2. Is the purpose of the law pressing and substantial
3. Is the law rationally connected to its purpose
4. Does the law minimally impair the infringement right
5. Do the positive effects of the law outweigh the negative effects of the infringement
6. Is the infringement justified

Grant Test

1. The seriousness of the Charter infringement state conduct
2. The impact of the breach on the Charter protect interest of the accused
3. Society’s interest in the adjustment of the case of its merit

Life, Liberty and Security

How they want to live their lives

Mobility Rights

Leaving and entering Canada

Fundamental Freedoms

Freedom of assembly, association, and conscience

Democratic and Mobility Rights

The right tot vote, campaign, and to seek elected office

Legal and Equality Rights

Everyone has the right to live how they want

Human Rights

The right to receive equal treatment, and to be free from prohibited discrimination and harassment, and to have access to place, services, and opportunities

Ontario Humans Rights Code

Legal documents that protect people from prohibited discrimination

Prima Facie

Legally convincing unless disproved by contrary evidence

Complainant

The person making an allegation of discrimination

Gravamen

The most serious part of an accusation

Respondent

The person or organization that the complainant alleges committed discrimination

Constructive Discrimination

It eliminates the entire group of people for a reason

ex. work on Sundays so Christians cannot work

Stereotyping

Having an oversimplified, standardized, or fixed judgment of a group of people

Direct Discrimination

When they are directly trying to discriminate someone for something

Bona Fide Occupational Requirement

A qualification that would normally be considered discrimination but is necessary for proper or efficient job performance

Harassment

Persistent behavior that violates the human rights of the victim

Poisoned Environment

A uncomfortable or disturbing atmosphere created by the negative comments or behaviors of others

Accommodaiton

Eliminate or adjust requirements or conditions to enable a person to carry out the essential duties or an activy or job

Affirmative Action

Giving advantages to groups who have been discriminated against in the past

Undue Hardship

The result of a change that would affect the economic viability of an enterprise or produce a substantial health and safety risk that outweighs the benefit of the accommodation

Ontario Human Rights Tribunal

Decides if someone’s rights have been violated

Board of Inquiry

Progressing criminal investigation and prosecuting is robust, fair, and respects the rights of those involved

Supreme Court of Canada

The highest court in Canada

Criminal Code of Canada

Definitions of most of the criminal offenses that Parliament of Canada has enacted

Mena Rea

The Guilty Mind

Must be proven in court

A deliberate intention to commit a wrongful act, with reckless disregard for the consequences

Actus Reus

The Guilty Act

The Voluntary action, omission, or state of being that is forbidden by the Criminal Code

General Intent

The desire to commit a wrongful act, with no ulterior motive or purpose

Strict Liability

Offenses that do not require mens rea but to which the accused can offer the defense of due diligencce

Absolute Liability Offenses

Offenses that do not require mens rea and to which the accused can offer no defense

Perpetrator

The person who actually commits the crime

Aiding

A criminal offense that involves helping a perpetrator commit a crime

Abetting

The crime of encouraging the perpetrator to commit an offense

Attempt

The intention to commit a crime, even when the crime is not completed

Counseling

A crime that involves advising, recommending, or persuading another person to commit a criminal offense

Accessory After The Fact

Someone who knowingly receives, comforts, or assists a perpatrator in escaping from the police

Conspirator

The person involved with conspiracy

Parties to an offense

The person who are indirectly involved in committing a crime

Party to a common intention

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

Motive

The reason a person commits a crime

Defense

Group who represents the defendant

Crown

Representing the government, pressing the charges against the accused

Challenge for Cause

The right of the crown or defense to exclude someone from a jury for a particular reason

Peremptory Challenge

The right of the crown or the defense to exclude someone from a jury without providing a reason

Direct examination

The first questioning of a witness to determine what he or she observed about the crime

Cross Examination

The second questioning of a witness to test the accuracy of the testimony; performed by the opposing attorney

Direct Evidence

Testimony given by a witness to prove an alleged fact

Cricumstantial Evidence

Indirect evidence that leads to a reasonable inference of the defendant’s guilt

Physical Evidence

Evidence that fconsists of physical objects that can be offered into evidence

Opinion statement

Evidence from an expert witness

Hearsay Statement

Evidence given by a witness based on the info received from someone else rather than personal knowledge

Indictable Offense

A crime that is more serious than a summary conviction offense and carries a heavier penalty

Summary Offense

A crime that is considered less serious and carries a lighter penalty

Hybrid Offense

An offense that the Crown can try either as a summary of indictable offense

Offenses against a person

any criminal charge a perosn is being acccused with

Drugs offenses

Drug possession, producting, trafficking, and importing/exporting

Mental disorder

Defined in the Criminal Code a a’disease of the mind’

Fitness to stand trial

Being mentally able to stand trial in a criminal court

Automatism

A condition in which a person acts without being aware of what he or she is doing

Necessity

A defense stating that the accused had no reasonable alternative to committing an illegal act

Specific Intent

The desire to commit one wrongful act for the sake of accomplishing another

Criminal Negligence

Wanton or reckless disregard for the lives and safety of others, sometimes causing serious injury or death

Compulsion

The action or state of forcing or being forced to do something

Duress

Threats, violence, constraints, or other actions brought to bear on someone to do something against their will or better judgment

Intoxication

The condition of being overpowered by alcohol or drugs to the point of losing self control

Self defense

The use of reasonable force to defend against an attack