Gr. 11 Law Exam Review 2023

Unit 1: Heritage, Unit 2: Rights & Freedoms, Unit 3: Criminal Law, Unit 4: Regulation and Dispute

**French law**

The legal system derived from the Napoleonic Code, which is based on written laws and emphasizes codification and clarity

**Roman law**

The legal system developed in ancient Rome and forms the basis for many legal systems around the world, characterized by its emphasis on legal principles and comprehensive codes

**British law**

The legal system in the United Kingdom, primarily based on common law, which relies on judicial decisions and precedents

**Mosaic law**

The system of laws found in the Hebrew Bible (Old Testament), traditionally associated with the laws given to Moses by God

**Greek law**

The legal system of ancient Greece, known for its democratic principles and influence on the development of legal systems in Western civilization

**Babylonian law**

The legal system of ancient Babylon, one of the oldest known legal systems, characterized by its comprehensive laws and use of contracts

**Common law**

A legal system based on judicial decisions and precedents rather than statutory laws, developed in England and followed in countries such as the United States and Canada

**Precedence**

The legal principle where past decisions or rulings serve as a guide or authority for future cases

**Constitutional law**

The branch of law that deals with the interpretation and application of a country's constitution, governing the powers and structure of the government.

**Case law**

The body of law derived from judicial decisions and precedents established through court cases

**Statute Law**

Laws created by legislative bodies, such as parliaments or congresses, through the enactment of statutes or acts.

**Habeas corpus**

A legal principle that protects individuals from unlawful detention, ensuring their right to challenge the lawfulness of their imprisonment

**Restitution**

The legal remedy that requires a person to restore or compensate for any harm or loss caused to another

**Retribution**

The theory of punishment that seeks to inflict a penalty on an offender as a form of retribution or moral justice

**Rule of precedent**

The legal principle that courts should follow and apply the legal decisions and rulings made in previous cases with similar facts and issues

**Stare decisis**

A Latin term meaning "to stand by things decided," referring to the principle of following established legal precedents

**Administrative Law**

The branch of law that governs the activities and decision-making processes of administrative agencies or government bodies

**Substantive Law**

The body of law that establishes rights, obligations, and legal standards that regulate conduct in society

**Procedural Law**

The set of rules that govern the process of enforcing substantive law, including the procedures to be followed in legal proceedings

**Public Law**

The area of law that deals with the relationship between individuals and the government, including constitutional, administrative, and criminal law

**Private Law**

The area of law that governs relationships between individuals, such as contract law, tort law, and family law

**Contract Law**

The branch of law that deals with legally enforceable agreements between parties, establishing rights and obligations

**Family Law**

The area of law that governs domestic relationships, including marriage, divorce, child custody, and adoption

**Tort Law**

The branch of law that covers civil wrongs or injuries caused by one party to another, leading to legal liability

**Employment Law**

The area of law that governs the relationship between employers and employees, including rights, duties, and workplace regulations

**Distinguishing a case**

The process of differentiating a current case from a previous case with similar facts or issues, allowing for the application of different legal principles or outcomes

**Intra vires**

A Latin term meaning "within the powers," referring to actions or laws that fall within the legal authority or jurisdiction of a governing body

**Ultra vires**

A Latin term meaning "beyond the powers," referring to actions or laws that exceed the legal authority or jurisdiction of a governing body

**Rule of law**

The principle that everyone, including individuals and government entities, is subject to and accountable to the law

**Principles of justice**

Fundamental principles or ideals that guide the legal system, including fairness, equality, and due process

**3 sources of Canadian law**

The Constitution, legislation (statutes and acts), and case law (common law principles derived from court decisions)

**Law Making**

The process of creating, amending, or repealing laws through legislative bodies, involving the proposal, debate, and enactment of legislation

**3 Branches of Government**

The executive, legislative, and judicial branches, each with separate powers and responsibilities in a democratic system of governance

**Charter of Rights & Freedoms**

The Charter of Rights and Freedoms is a constitutional document in Canada that guarantees fundamental rights and freedoms to all individuals within the country. It sets out rights such as freedom of expression, freedom of religion, and equality before the law

**Oakes test**

The Oakes test is a legal test used by Canadian courts to determine if a government infringement of Charter rights is justified. It assesses whether the limitation on rights is reasonable and justifiable in a free and democratic society

**Grant test**

The Grant test is a legal test used to determine if an individual has standing to bring a constitutional challenge. It establishes the criteria for determining whether a person has a sufficient interest in the matter being challenged

**Life, liberty, and security**

This phrase is part of Section 7 of the Canadian Charter of Rights and Freedoms. It protects an individual's right to life, personal liberty, and security of the person, subject to reasonable limits prescribed by law

**Mobility rights**

Mobility rights, guaranteed by the Charter, refer to the right of Canadian citizens to move and live within the country, as well as to enter, remain in, and leave Canada

**Fundamental freedoms**

Fundamental freedoms, as outlined in the Charter, encompass essential rights such as freedom of speech, freedom of religion, freedom of thought, freedom of peaceful assembly, and freedom of association

**Democratic and mobility rights**

Democratic rights protect citizens' right to vote in elections and to participate in the democratic process. Mobility rights guarantee the freedom to move and establish residence within Canada

**Legal and equality rights**

Legal rights include the right to a fair trial, the presumption of innocence, and the right to be free from cruel and unusual punishment. Equality rights protect individuals from discrimination based on characteristics such as race, gender, religion, and more

**Language and general rights**

Language rights protect the right to use English or French in various aspects of Canadian society, such as the legal system and government services. General rights refer to other rights and freedoms not specifically mentioned in other sections of the Charter

**Human rights**

Human rights are fundamental rights and freedoms that are inherent to all individuals, regardless of their nationality, ethnicity, religion, or other characteristics. They encompass principles such as dignity, equality, and non-discrimination

**Ontario Human Rights Code**

The Ontario Human Rights Code is a provincial law in Ontario, Canada, that prohibits discrimination and harassment in various areas, such as employment, housing, and services. It protects individuals' human rights and promotes equal treatment

**Prima facie**

Prima facie is a Latin term meaning "at first sight" or "on the face of it." In legal contexts, it refers to evidence or a case that, on initial examination, appears to be sufficient or valid unless proven otherwise

**Complainant**

A complainant is an individual who brings forward a complaint or allegation of discrimination or violation of rights against another person or organization

**Gravamen**

Gravamen refers to the essential part or main point of a legal complaint or allegation. It represents the core issue or substance of a claim

**Respondent**

A respondent is the party against whom a complaint or legal action is brought. They are responsible for responding to the allegations or claims made by the complainant

**Constructive discrimination**

Constructive discrimination occurs when a policy, practice, or requirement that appears to be neutral results in the adverse impact or disadvantage of a particular group or individual

**Stereotyping**

Stereotyping refers to making generalizations or assumptions about individuals or groups based on characteristics such as race, gender, or religion, rather than considering their individual qualities or merits

**Direct discrimination**

Direct discrimination occurs when an individual or group is treated less favorably or disadvantaged based on protected characteristics, such as race, gender, or disability

**Bona fide occupational requirement**

A bona fide occupational requirement is a justifiable and necessary qualification or requirement for a job that may otherwise be considered discriminatory. It allows employers to set specific requirements if they are essential to the performance of the job

**Harassment**

Harassment refers to unwanted or unwelcome behavior, comments, or actions that create a hostile or intimidating environment for an individual based on protected characteristics

**Poisoned environment**

A poisoned environment refers to a work or living environment that is so tainted by discriminatory or harassing behavior that it becomes intolerable for individuals affected by it

**Accommodation**

Accommodation refers to the legal requirement for employers, service providers, or others to make reasonable adjustments or modifications to policies, practices, or environments to ensure equal access and opportunity for individuals with disabilities or protected characteristics

**Affirmative action**

Affirmative action refers to policies or measures taken to redress historical disadvantages, promote equality, and increase representation of underrepresented groups in areas such as employment and education

**Undue hardship**

Undue hardship refers to significant difficulty or expense that would result from accommodating an individual's needs or circumstances. It is a consideration in assessing the extent to which accommodation can be provided

**Ontario Human Rights Tribunal**

The Ontario Human Rights Tribunal is a quasi-judicial body in Ontario that adjudicates complaints of discrimination and violations of human rights under the Ontario Human Rights Code. It holds hearings and makes decisions on complaints brought before it

**Board of Inquiry**

A Board of Inquiry is a specialized tribunal or administrative body responsible for investigating complaints of discrimination, typically established under human rights legislation. It conducts hearings, gathers evidence, and makes determinations on the merits of the complaints

**Supreme Court of Canada**

The Supreme Court of Canada is the highest court in the country, with the ultimate authority to interpret and apply Canadian laws, including the Canadian Charter of Rights and Freedoms. It serves as the final appellate court, making decisions of national significance and establishing legal precedents

**Criminal Code of Canada**

Legislation that outlines criminal offenses and penalties in Canada

**Mens Rea**

Guilty mind, the mental element or intention behind a criminal act

**Actus Reus**

Guilty act, the physical act or conduct that constitutes a criminal offense

**General Intent**

The intention to commit a prohibited act without a specific outcome in mind

**Strict Liability**

Offenses that do not require the proof of intent, only the commission of the prohibited act

**Absolute Liability Offenses**

Offenses where no fault or intention is required, and the accused can be held liable regardless of their state of mind

**Perpetrator**

The person who directly commits a criminal offense

**Aiding**

Assisting or facilitating the commission of a criminal offense

**Abetting**

Encouraging, counseling, or promoting the commission of a criminal offense

**Attempt**

A deliberate effort to commit a criminal offense without its successful completion

**Counseling**

Advising or encouraging someone to commit a criminal offense

**Accessory After the Fact**

Assisting an offender after the commission of a crime

**Conspirator**

A person who agrees with others to commit a criminal offense

**Parties to an Offense**

Individuals who participate in the commission of a crime, whether directly or indirectly

**Motive**

The reason or purpose behind the commission of a criminal offense

**Defense**

Legal arguments or strategies used to challenge or negate criminal charges

**Crown**

The prosecution or government in criminal proceedings

**Challenge for Cause**

A request to exclude a potential juror based on specific grounds

**Peremptory Challenge**

The right to reject a potential juror without providing a reason

**Direct Examination**

Questioning of a witness by the party who called them

**Cross Examination**

Questioning of a witness by the opposing party

**Direct Evidence**

Evidence that directly proves a fact in question

**Circumstantial Evidence**

Indirect evidence that implies a fact but does not directly prove it

**Physical Evidence**

Tangible objects or materials presented as evidence

**Opinion Statement**

A statement expressing a personal belief or judgment

**Hearsay Statement**

An out-of-court statement offered for the truth of its contents

**Indictable Offense**

A serious criminal offense with a higher level of punishment

**Summary Offense**

A less serious criminal offense with a lower level of punishment

**Hybrid Offense**

An offense that can be prosecuted as either a summary or indictable offense

**Offenses Against the Person**

Crimes that involve harm or threat to an individual's body or well-being

**Motor Vehicle Offences**

Violations related to the operation or use of motor vehicles

**Offenses Against Property**

Crimes involving theft, damage, or unauthorized use of property

**Drug Offenses**

Crimes related to the production, trafficking, or possession of illegal drugs

**Mental Disorder**

A condition that affects an individual's mental faculties and may be relevant in criminal proceedings

**Fitness to Stand Trial**

The mental capacity of an accused to understand and participate in their trial

**Automatism**

The involuntary and involuntary actions performed without conscious control or intention

**Necessity**

A defense that justifies the commission of an offense to prevent greater harm

**Wilful Blindness**

Deliberate ignorance or deliberate avoidance of knowledge regarding criminal activity

**Negligence**

Failure to exercise reasonable care or caution, resulting in harm to others

**Specific Intent**

The intention to achieve a particular result or outcome