LAW: exam units 1-4
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133 Terms
Q: What are rules?
Rules apply to participants in specific activities.
Q: Give an example of rules.
School rules on dress codes or sports.
Q: What are laws?
Laws apply to all members of society at all times and must be obeyed.
Q: Give an example of laws.
Traffic laws.
Q: What is a key idea about rules and laws?
"All laws are rules but not all rules are laws
Q: What is Private Law (Civil Law)?
Governs relationships between individuals (citizen vs. citizen).
Q: Give examples of Private Law.
Family
Q: What is Public Law?
Governs relationships between the government and society.
Q: Give examples of Public Law.
Criminal
Q: What did Hammurabi's Code contribute to the legal system?
It was the first codified (written) laws.
Q: What did Roman Law contribute to the legal system?
Codified laws and the role of lawyers.
Q: What did Greek Law contribute to the legal system?
Citizen participation and trial by jury.
Q: What did British Law contribute to the legal system?
The Magna Carta introduced Rule of Law
Q: What did First Nations Law contribute to the legal system?
Equal decision-making for men and women.
Q: What did French Law contribute to the legal system?
The Napoleonic Code
Q: What are federal responsibilities?
bankings, national defence, immigration
Q: What are provincial responsibilities?
Education, healthcare, transportation
Q: What are municipal responsibilities?
Public services like garbage collection and public libraries.
Q: What is common law?
where courts follow previous decisions in similar cases to ensure consistency
Q: Why do judicial rulings follow precedents?
To ensure fairness and consistency.
Q: What is statute law?
Written laws that are rules everyone must follow
Q: What is constitutional law?
Laws that set rules for how the government works and protect rights.
Q: What is the highest court in Canada?
The Supreme Court of Canada.
Q: What is a statute citation?
Gives info to find a law or act passed. Example: Criminal Code of Canada
Q: What is a civil case citation?
Example: Billy Bob v. Susie Sue. Between two people
Q: What is a criminal case citation?
Example: R v. Billy Bob. Between the government (R) and society
Q: What does "R" stand for in legal citations?
"Regina" (Queen/King).
Q: What special notation is used to protect youth identity?
R. v. A.S.R.
Q: What is a civil case?
A case that resolves conflicts between individuals or organizations.
Q: What is a criminal case?
A case that deals with offenses against society and related punishments.
Q: What is the key legal principle of precedent?
Judges must refer to old cases for consistent rulings.
Q: What are rights?
Legal entitlements to do or have something.
Q: Give an example of rights.
Right to life, liberty, security
Q: What are freedoms?
Ability to act without restrictions from the government.
Q: Give an example of freedoms.
Freedom of religion.
Q: What is the purpose of the Universal Declaration of Human Rights (UDHR)?
Protects human rights globally. And applies to everyone no matter the race, age, gender, etc
Q: Who does the UDHR apply to?
All humans
Q: What is the purpose of the Canadian Charter of Rights and Freedoms (Charter)?
Protects fundamental rights in Canada. And protects form abuse by the gov
Q: Who enforces the Canadian Charter of Rights and Freedoms?
Courts and the government.
Q: What is the purpose of the Ontario Human Rights Code (OHRC)?
Protects us from each other, businesses
Q: What is S.1 of the Charter?
Protects rights and freedoms but states that its subject to reasonable limits
Q: What is included in S.2 of the Charter?
Fundamental freedoms: religion, thought and belief, peaceful assembly, and association
Q: What do S.3-5 of the Charter cover?
Democratic rights: right to vote and run for election.
Q: What does S.6 of the Charter guarantee?
Mobility rights: right to travel, work in any province, enter, remain, or leave canada
Q: What does S.7 of the Charter guarantee?
Right to Life, liberty and security
Q: What does S.8 of the Charter protect against?
Right to Unreasonable search or seizure.
Q: What does S.9 of the Charter protect against?
Right to not be Arbitrary detention or imprisonment.
Q: What does S.10 of the Charter provide?
Rights upon arrest or detention
Q: What does S.11 of the Charter guarantee?
when charged with arrest Rights to know why, be tried within a reasonable time, and to be innocent until proven guilty
Q: What does S.12 of the Charter protect against?
Right to no Cruel and unusual punishment.
Q: What does S.13 of the Charter guarantee?
The right against self-incrimination.
Q: What does S.14 of the Charter guarantee?
The right to an interpreter in court.
Q: What does S.15 of the Charter guarantee?
Equality rights under the law.
Q: What is the focus of S.16-22 of the Charter?
Language rights
Q: What is the focus of S.23 of the Charter?
Education rights
Q: What is the focus of S.24-31 of the Charter?
General provisions about enforcement and interpretation of the Charter.
Q: What is the focus of S.33 of the Charter?
The notwithstanding clause
Q: What is equality?
Everyone benefits from the same support.
Q: What is equity?
Everyone gets the support they need.
Q: What is justice?
Causes of inequity are addressed.
Q: What are grounds for discrimination?
Only allowed in reasonable and justifiable circumstances.
Q: Give an example of reasonable grounds for discrimination.
Young drivers pay more tax because they get into more car crashes.
Q: What are Bonafide Occupational Requirements?
Qualifications that may be discriminatory BUT are required for proper and efficient job performance.
Q: Give an example of Bonafide Occupational Requirements.
Firefighters need to be fit.
Q: What is Actus Reus?
The guilty act
Q: What does Actus Reus include?
Voluntary acts, State of Being , and negligence
Q: What is Mens Rea?
The guilty mind
Q: What is General Intent?
Intend to commit the act but not specific outcomes.
Q: What is Specific Intent?
Intent to commit one act to achieve another purpose.
Q: What is a Summary Conviction offense?
Minor offense with less severe penalties.
Q: What are examples of Summary Conviction offenses?
Fines up to $5000/imprisonment for up to 6 months
Q: What is an Indictable Conviction offense?
Serious crimes with heavier penalties.
Q: What are examples of Indictable Conviction offenses?
Murder = life imprisonment.
Q: What is a Hybrid Offense?
Crown chooses whether to proceed as summary or indictable. Based on circumstances of the case
Q: What is First-Degree Murder?
Intentional killing with premeditation.
Q: What is Second-Degree Murder?
Intentional killing without premeditation.
Q: What is Manslaughter?
Killing without intent
Q: Who is the Perpetrator?
The person who commits the crime.
Q: What is Aiding?
Assisting the perpetrator in committing a crime.
Q: What is Abetting?
Encouraging or inciting a crime without direct involvement.
Q: What is Counseling?
Advising or persuading someone to commit a crime.
Q: What is Accessory After the Fact (AATF)?
Helping the perpetrator evade arrest or punishment.
Q: What is the goal of Protection of the Public in sentencing?
Main focus on safeguarding people
Q: What is Retribution in sentencing?
Punishment proportional to the crime committed.
Q: What is Specific Deterrence?
Punish the offender to prevent reoffending by the offender.
Q: What is General Deterrence?
Dissuade society from similar actions.
Q: What is Rehabilitation?
Addressing underlying issues leading to criminal behavior.
Q: What is Restitution?
Offenders compensate victims or society by paying.
Q: What is Denunciation?
Public condemnation of criminal behavior.
Q: What is the Youth Criminal Justice Act (YCJA)?
Applies to youth aged 12-17.
Q: Why are kids under 12 exempt from criminal responsibility?
They don’t have the necessary mens rea to be convicted of a crime (Incapacity of Children).
Q: What is the focus of the YCJA?
Accountability while recognizing developmental differences.
Q: What are the impacts of a criminal record on opportunities?
Reduced opportunities in employment, refusal from landlord, no insurance,
Q: What are the travel restrictions caused by a criminal record?
Some countries deny entry.
Q: What is the annual cost of incarceration per person?
$125,000
Q: What is the definition of civil law?
Civil law governs the relationships between individuals or businesses
Q: Who can bring an action to court in a civil case?
Only the victim (plaintiff) can bring an action to court
Q: What is the process of bringing a civil case to court called?
Litigation.
Q: How are civil cases decided?
On the balance of probabilities (not beyond a reasonable doubt).
Q: What happens if the plaintiff wins a civil case?
The defendant may have to pay compensation (remedy).