Law Exam Part A (MULTIPLE CHOICE)

Defenses in Criminal Law

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

Self-defense

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

Insanity (Automatism)

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

Under stress (Duress)

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

Defense evidence (Alibi)

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

Entrapment

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

Public Law

Governs the relationship between individuals and the state.

Examples of Public Law 

1. Criminal Law (laws that defines crimes and punishment)

2. Constitutional Law (laws that address constitutional issues including the division of powers and the Charter of Rights) 

3. Administrative Law (laws that address issues between individuals and government bodies).

Private Law

Deals with relationships between individuals and organizations.

Examples of Private Law

• Contract Law 

• Tort Law

• Property Law 

• Family Law

Constitutional Law

the body of public law set out in the constitution that deals with the distribution and exercise of the powers of government and establishes paramount legal principles.

Statute Law

laws that are passed by the government

Common Law

A system of law based on past legal decisions. Law that developed in English courts; relies on case law and is common to all people also known as case law

Indigenous Legal Traditions

Reflects the customs and laws of Indigenous peoples.

Substantive Law

• Defines rights, duties and obligations of citizens and government

• The Right to: Own property, enter a contract, seek legal remedy

• Public and private law

Administrative Law

• Regulates relationship between people and government agencies

• Government departments, boards, tribunals; 

• LCBO, Workers’ Compensation, Victims’ Compensation

Procedural Law

• Prescribes methods for enforcing rights, duties and responsibilities found in substantive law

• Governs: Gathering of evidence, Lawful arrest procedure, Trial procedures

Constitutional Law

• Determines structure of Federal government and allocates law making power

• Sets out basic framework to which all laws must adhere

Tort Law

• Holds persons / private organizations responsible for damage caused by accidental / deliberate action

• Eg. negligence, defamation

Role

• 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

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

Summary Offence

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

Examples of Summary Offence

• Public nudity 

• Cruelty to animals 

• Trespassing at night

Hybrid Offence

An offence that the crown can try as either a summary or indictable offence.

Examples of Hybrid Offence

• Sexual assault 

• Theft under $5000

• Public mischief

Indictable Offence

A crime that is more than a summary offence and carries a heavier penalty.

Examples of Indictable Offence

• Arson 

• Murder 

• Perjury

Dangerous Offenders

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

Hammurabi

• Hammurabi created the earliest known set of recorded laws known as code of Hammurabi

• Laws were based on retribution (vengeance or Punishment)

• Some laws were based on restitution (payment by offender)

• Laws reflected patriarchal society (male dominated) Where the wealthy were given more Protection in law than the poor

• Eg: If a man is caught stealing or robbing he shall be put to death

 Mosaic Law, Biblical or Hebrew Law

• Found in the book of Exodus

• Follows 10 commandments, written 500 years after Hammurabi's death

• Punishments were revenge based but more human than Hammurabi

• First law to make distinction between deliberate and accidental acts

Greek Law

• First form of democracy found in Greece, only a small amount of Athenian People were known as "citizens"

• Was draconian (harsh/vengful) punishments included execution forced suicide, exile, torture

• Greek contributed jury system where approx 100 ppl would sit

• If found guilty the accused and accuser would suggest a sentence and jury would vote on best outcome 

Ancient Law

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

Mediaeval 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

Assisting someone to commit a criminal offence, have knowledge of crime, has helped commit the crime.

Abetting

Encouraging, inciting, or urging 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.