Law Unit 1-4 Heritage, Rights, International, and Criminal Law Study Notes

Comprehensive vocabulary flashcards covering heritage, categories of law, legal theories, landmark cases, rights and freedoms (Charter), international law, and criminal law concepts from the lecture notes.

Public Law

Law that governs relationships between individuals and the government; includes criminal, constitutional, and administrative law.

Private Law

Law that governs relationships between individuals or organizations; includes tort, contract, and property law.

Natural Law

A legal theory based on morality and universal human values, where unjust laws are not considered truly valid law.

Positive Law

A legal theory that law is valid because it is created by authority and must be obeyed even if it is unfair.

Utilitarianism

The theory that law should create the greatest good for the greatest number of people.

Legal Realism

The theory that judges are influenced by social, political, and personal factors, meaning court decisions change based on context and perspective.

Critical Morality

The perspective that laws should be questioned and evaluated based on whether they are fair, ethical, and promote justice.

Critical Legal Studies

The theory that law reflects power structures and inequality, often benefiting powerful groups more than others.

Feminist Jurisprudence

The theory that law historically reflects male bias and may disadvantage women or treat genders unequally.

Jurisprudence

The study of law and legal philosophy.

Rule of Law

The principle that everyone, including the government, must follow the law equally.

Precedent

A previous case used as a guide or rule to decide future cases.

Amending Formula

The process required to change the Constitution, requiring federal and provincial agreement depending on the type of change.

Pith and Substance

A legal doctrine where courts look at the true purpose of a law to determine if it is valid, rather than just its title.

Intra Vires

A term meaning a law is within the government's power and is therefore valid.

Stare Decisis

The principle that courts follow past decisions (precedent) in similar cases.

R. v. Powley

A landmark 2003 case affirming the Métis right to hunt for food under section 35 of the Constitution Act, 1982.

R. v. Gladue

A 1999 case advising that lower courts should consider an Indigenous offender’s background in sentencing based on section 718.2 (e) of the Criminal Code.

Gladue Reports

Personal histories prepared for Indigenous offenders that outline mitigating factors for judges to consider in sentencing.

Accommodation

Adjusting rules so individuals are not unfairly excluded from participation.

Balance of Probabilities

The standard of proof used in civil cases where the judge decides which side is more than 50% likely correct.

Bona Fide

A genuine job requirement that may justify discrimination if it is absolutely necessary for job performance.

Due Diligence

A legal defence showing that a person took all reasonable care to avoid harm or breaking the law.

Habeas Corpus

A constitutional right to challenge unlawful detention, requiring the court to review the legality of the arrest immediately.

Supreme Court of Canada

The highest court in Canada, composed of 9 judges (1 Chief Justice + 8 Justices), serving as the final authority in legal interpretation.

Leave to Appeal

Permission required for most cases to be heard by the Supreme Court of Canada, usually granted for cases of national importance.

Binding Precedent

Decisions by the Supreme Court of Canada that all lower courts must follow in similar cases.

Canadian Bill of Rights

Early federal human rights law that is not constitutionally entrenched and applies only to the federal government.

Section 1 (Charter)

The clause stating rights can be limited if reasonable and justified in a free and democratic society, tested via the Oakes Test.

Section 2(b) (Charter)

Guarantees freedom of expression, including speech, protest, media, writing, and art.

Chilling Effect

When people stop speaking or expressing themselves because they fear punishment.

Section 8 (Charter)

Protection against unreasonable search and seizure, generally requiring a warrant or reasonable grounds.

Section 11(d) (Charter)

The presumption of innocence, meaning the Crown must prove guilt beyond a reasonable doubt.

Section 12 (Charter)

Protection against cruel and unusual punishment that is grossly disproportionate.

Section 15 (Charter)

Equality rights that prohibit discrimination based on race, gender, religion, age, disability, or sexual orientation.

Substantive Equality

A concept focused on fairness in outcome rather than just equal treatment.

Section 33 (Charter)

The notwithstanding clause, which allows government to temporarily override certain Charter rights for a 5-year period.

Oakes Test

A multi-step test to decide if the government is allowed to limit rights: important goal, rational connection, minimal impairment, and final balance.

Grant Test

A test to decide if illegally obtained evidence should be excluded based on the seriousness of police conduct, impact on the accused, and society's interest.

Sovereignty

The principle that each state (country) has authority over its own territory and government without external interference.

Customary Law

International rules created through consistent state practice and the belief that such practice is legally required.

Diplomatic Immunity

Protection given to diplomats from arrest or prosecution in their host country.

Sanctions

Penalties, such as economic restrictions or trade bans, imposed on a country to influence its behaviour.

International Court of Justice (ICJ)

A UN body that settles legal disputes between states (countries).

International Criminal Court (ICC)

A court that prosecutes individuals for serious international crimes like war crimes, genocide, and crimes against humanity.

International Humanitarian Law (IHL)

Laws that apply during armed conflict to protect civilians and prisoners and limit methods of war.

Genocide

The intentional destruction of a national, ethnic, racial, or religious group.

Victor’s Justice

A biased form of international justice where powerful states or winners of a conflict avoid punishment.

Actus Reus

The 'guilty act'; the physical action or omission involved in committing a crime.

Mens Rea

The 'guilty mind'; the intent or mental state of the person committing the crime.

Recklessness

A type of mens rea where a person is aware of a risk but chooses to ignore it.

Willful Blindness

A type of mens rea where a person deliberately ignores the obvious truth to avoid responsibility.

Absolute Liability

An offence where no intent needs to be proven and no legal defence is allowed; the act alone equals guilt.

Strict Liability

An offence where the act is enough to convict, but the accused can argue a due diligence defence.

Indictable Offence

A serious crime, such as robbery or murder, leading to longer trials and harsher penalties.

Summary Offence

A minor crime, such as causing a disturbance, which is handled through a faster process and lighter penalties.

Voir Dire

A 'trial within a trial' held to decide whether specific evidence can be admitted for use in court.

R. v. Jordan

A Supreme Court case that set specific time limits for trials to ensure they are completed within a reasonable time.

Legislative Branch

The branch of government that makes laws; includes Parliament and provincial legislatures.

Executive Branch

The branch of government that carries out and enforces laws; includes the PM, Cabinet, and police.

Judicial Branch

The branch of government that interprets laws and applies them to cases; consists of the courts.

First-degree Murder

A planned and deliberate killing, or a death occurring during specific serious crimes like kidnapping or sexual assault.

Manslaughter

An unlawful killing without the intent to kill, often caused by recklessness or criminal negligence.