Law Exam

Appeal

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

BNA Act

signed in 1867 and sets out rules for how Canada should be governed (Constitution)

Case Law

a method of deciding cases based on recorded decisions of similar cases

Substantive law

Law that defines the rights, duties, and obligations of citizens and government. Ex. Right to own property

Procedural Law

Laws that prescribes the methods of enforcing the rights and obligations of substantive law

Mosaic law

Hebrew or biblical found in the old testament. Religious law, 10 Commandments, punishment for deliberate action and care for the poor

Roman law

2 components, law must be recorded and justice cannot just be left in the hand of judges (start of lawyers)

Greek law

democracy was born

Code of Hammurabi

one of the earliest known sets of recorded laws, written by King Hammurabi of Babylon. Had rules an penalties for all walks of life (adoption to property)

Retribution

pushing an offender for revenge or to satisfy the pubic the public that the offender has paid for the crime

Restitution

punishment that requires the offender to pay the victim or society back for the harm or loss caused by the crime

Plaintiff

the party initiating a legal action

Defendant

the party being sued in a civil action; also the party charged with an offence in a criminal case (Beancounter)

Rule of law

a three-part principle of justice stating that the law is necessary to regulate society, that law applies equally to everyone, and people are not governed by arbitrary power.

Due process

FAIR treatment through the normal judicial system, especially as a citizen's entitlement.

Statute law

laws passed by the government

Royal assent

the final stage of the legislative process, the formal process by which a bill passed by both Houses of Parliament becomes law

Ontario court of justice

approx. 250 judges appointed provincially. Deals with criminal, Youth Court, Family. No jury, lowest court

Superior court of Canada

approx. 265 judges appointed federally. Deals with divisional, family (assets) and small claims court

Supreme court of Canada

9 Justices (3 Ontario, 3 Quebec, 2-West, 1-Atlantic) Highest court located in Ottawa and only deals with appeals

Precedent

an earlier event or action that is regarded as an example or guide to be considered in subsequent similar circumstances.

Appeal

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

Common law

law that developed in English courts; relies on case law and is common to all people

British North America Act

signed in 1867 and sets out rules for how Canada should be governed

Statue of Westminster

legislation passed in Britain 1931 that extended Canada's law-making powers. Ex. make its own laws that couldn't be overwritten by Britain

Amending formula

procedure for changing the constitution, needing an approval from parliament and 2/3 of the provinces representing 50% of the population

Constitution act

signed in 1982 enshrined the Charter of Rights and Freedoms in the Constitution, and completed the unfinished business of Canadian independence

Division of power

to keep repeals/amendments within their proper jurisdiction

Residual powers

default to federal if something not specially assigned to a level/division of power

Ultra vires

outside of jurisdiction

Intra vires

inside/within level of jurisdiction

Municipal government

controls matters such as fire, sewers, garbage collection

Provincial government

controls matters such as farming, education roads

Right

a legal, moral, or social entitlement that citizens can expect, mainly from the government.

Freedom

the right to conduct one's affairs without government interference. Also considered a right. Freedoms though have limitations that are necessary to protect public safety and fundamental rights and freedoms of others

Bill of Rights

It was a statute enacted 1960 by John Diefenbaker. It recognized: Rights of individuals to life, liberty, personal security and enjoyment of property Freedom of religion, speech, assembly, association Freedom of the press

Charter S.1

Charter right that guarantees R&F to reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society

Charter S.2

Charter right that guarantees freedom of (a) Conscience of religion (b) thought, belief, expression, press, and other media communication (c) peaceful assembly (d) association

Charter S.3

Charter right that guarantees every citizen has the right to vote and run for office however, restrictions such as age, mental capacity, residence, and registration apply. Also members of the judiciary cannot vote

Charter S.4

Charter right that guarantees maximum length of time of legislative bodies

Charter S.6

Charter right that guarantees mobility rights

Charter S.7

Charter right declares each individual has the right to life, liberty, and the security of the person

Charter S.8

Charter right that guarantees secure against UNREASONABLE search or seizure

Charter S.9

Charter right that guarantees Everyone has the right not to be unfairly detained

Charter S.10

Charter right that guarantees When arrested or detained (arrest or detention)

Charter S. 11

Charter right that guarantees Any person has charged with an offence has the right (proceedings in criminal and penalty matters

Charter S.12

Charter right that guarantees No cruel and unusual punishments

Charter S.13

Charter right that guarantees witness CANNOT be incriminated (found guilty when admits to committing crimes as a witness) when on the stand

Charter S.14

Charter right that guarantees Right to an interpreter

Charter S.15

Charter right that guarantees Equity rights

Charter S.24

Charter right that guarantees (1) anyone whose rights or freedoms have been infringed or denied can apply to appeal to a higher court (2) evidence found in an unlawful manner shall be excluded (if it's believed a R or F was violated)

Charter S.32

Charter right that guarantees Application of the charter and the notwithstanding clause

Human rights

the right to receive equal treatment, to be free from prohibited and harassment, and to have access to places, services and opportunities

Discrimination

making a distinction between people and treating them differently on a basis other than individual merit

Bona fide occupational requirement

a qualification that would normally be considered discriminatory but is necessary for proper or efficient job performance

Affirmative action

given advantages to groups who have been disadvantaged in the past. Priority may or will be given to a member of a historical disadvantaged groups if the two candidates are equal

Constructive discrimination

employment policies that inadvertently exclude certain individuals, resulting in discrimination. ex police departments have had minimum height requirements. Examples like these can be struck down by the court

Direct discrimination

an overt act of discrimination

Systemic discrimination

Part of the social or administrative structure of many organizations, whether a business, service organization or social institution, such as a school, hospital, government office, law court etc.

Human rights code

legal document that protects people from prohibited discrimination. It Does what the Charter cannot do which protect people who are discriminated by other individuals or private organizations

Stereotyping

having an oversimplified, standardized, or fixed judgement of a group of people. Often based off jokes such as "all Asians are good at math." A complete belief in stereotyping leads to prejudice

Poisoned Environment

An uncomfortable or disturbing atmosphere created by the negative comments or behaviour of other

Accommodate

eliminate or adjust requirements or conditions to ensure a person to carry out the essential duties of an activity or job

Complaints

Complainant

the person making an allegation of discrimination. This person is provided with a package of information to assist him or her in making a complaint

Prima facie

legally convincing unless disproved by the contrary evidence. To establish one for employment, one must prove:

Gravamen

the most serious part of an accusation

Respondent

the person or organization that the complaint alleges committed discrimination. One's complaint will be sent to the respondent if it is considered valid

Mediation

intervention between conflicting periods that promotes compromise or settlement of the dispute. Used to avoid an investigation that requires gathering evidence relevant to the complaint such as inspecting documents, records and correspondence related to the case

Conciliation

bringing conflicting parties to a resolution of their differences. If this does not occur the case is referred to the commissioners who over the HRC

Undue hardship

the result of a change that would affect the economic viability of an enterprise or produce a sustainable health and safety risk that outweighs the benefits of the accommodation. Ex. A delivery man with brittle bone disease

Criminal law

a category of public law that prohibits and punishes behaviour than injures people, property, and society as a whole

Regulatory laws

prov/fed laws meant for general protection of the public

Actus Reus

Latin for "guilty act" which refers to a voluntary action, omission, or state of being that is forbidden by the criminal code

Mens Reus

Latin for "guilty mind" a deliberate intention to commit a wrongful act, with reckless disregard for the consequences

Summary conviction offences

a crime that is considered less serious and carries a lighter penalty. Usually fined up to $2k or spend 6ix months in prison

Indictable offences

a crime that is more serious than a summary conviction and carries a heavier penalty ex. arson or murder

Hybrid or offence

an offence that the crown can try either as a summary or indictable offence. Ex sexual assault or public mischief

Knowledge

an awareness of certain facts than can used to establish Mens Rea ex. aware my fried wants to steal a cookie

Motive

the reason a person commits a crime ex. wanted a cookie

Recklessness

consciously taking an unjustifiable risk that a REASONABLE person wouldn't take

Wilful Blindness

a deliberate closing of one's mind to the possible consequences of one's actions

Due diligence

the defence that the accused took every reasonable precaution to avoid committing a particular offence

Attempt

the intention to commit a crime, even if the crime is not completed

Conspiracy

an agreement between two or more people to carry out an illegal act, even if that act does not actually occur

Aiding

a criminal offence that involves helping a perpetrator commit a crime

Abetting

the crime of encouraging the perpetrator ex. cheering people on in a fight

Accessory after the fact

someone who knowingly receives, comforts, or assists a perpetrator in escaping the police

Appearance notice

a legal document, usually issued for less serious offences, compelling an accused person to appear in court

Summons

a legal document issued for an indicatable offence, ordering an accused person to appear in court

Arrest

legally depriving someone of liberty by seizing or touching the person to indicate he or she is in custody

Information

a statement given under oath, in-forming the court details of the offence

Detention

legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint

Leading questions

A type of question in which a lawyer suggests a particular answer to a witness

Charge to the jury

judge's explanation to jurors how the law applies to case/how to consider the evidence

Bail

the temporary release of the accused who posts money some other security to guarantee his or her court appearance

Show cause hearing

a judicial hearing in which the crown or the accused has to convince the judge to either detain or release the accused before trial

Preliminary hearing

a judicial inquiry to determine whether there is sufficient evidence to put the accused on trial

Arraignment

the first stage of a criminal trial in which the court clerk reads the charges and defendant enters a plea

Hung jury

a jury that cannot reach a unanimous verdict and, consequently, is dismissed from the case