CLU 3M1 Law Exam Review - Key Concepts and Processes

The Jury System

In a criminal trial a jury is a group of 12 men and women chosen by the crown and defense counsel from a pool of ordinary citizens in the community.

jury

In a criminal trial a group of 12 people who decide whether the accused is guilty or not guilty.

jury panel

The large group of randomly selected citizens from which jury members are chosen.

charge to the jury

The judge's explanation to the jurors of how the law applies to the case before them.

Roman law

The legal system known for the twelve tables and later the Justinian, influencing modern law.

Twelve tables

The first codification of Roman law that addressed civil rights, property, and family.

The Napoleonic Code

The civil law of France completed in 1804, aimed to unify French law and eliminate feudal privileges.

Statute Law

Laws created by legislative bodies, written laws passed as statutes or acts that take precedence over common law.

Eligibility for jury duty

To be eligible, an individual must be a Canadian, 18 years of age or older, and a resident of the province for at least one year.

Challenges for cause

Either counsel may make a challenge for cause if they believe that the prospect juror has already formed an opinion on the case, is physically unable to perform the duties of a juror, or has been convicted of a serious offense.

Selection process for jurors

Includes six steps starting with the random selection of names from a jury panel.

Influence of Roman law

Roman law was influenced by practicality and organization and emphasized written laws and legal procedures.

Key features of the Napoleonic Code

Equality before law and individual rights, addressing civil law, property, family law, and contracts.

Influence of the Napoleonic Code

Served as a model for many legal systems worldwide.

Publicly elected politicians and jurors

Publicly elected politicians and people working in the justice system such as lawyers cannot serve as jurors.

Unanimous decision

The jury's decision must be unanimous.

Objections to potential jurors

Both the crown and defense may object to a potential juror by challenging this individual.

Written laws

Roman law emphasized the importance of written laws and legal procedures.

Civil matters in the Napoleonic Code

The code regulated civil matters such as property, wills, contracts, and family law.

Influence of Enlightenment ideas

The Napoleonic Code was influenced by Roman law and Enlightenment ideas.

Legislative bodies

Statute law is created by legislative bodies such as parliament and provincial legislatures.

International law

Law that governs relations between independent nations

Domestic law

Law that governs activity within a nation's borders

Substantive Law

Laws that define rights, duties and obligations of citizens of the government

Public Law

Law related to relationships between individuals and the state

Constitutional law

Law that governs foundational rules and principles of a state; it defines the structure of government, allocates powers among institutions, and protects individual rights

Administrative law

Law related to the relationship between people and government departments, boards and agencies

Criminal law

Law that identifies crimes and prescribes punishment

Private Law

Law governing the relationships between private individuals and between individuals and organizations

Tort Law

Branch of civil law that holds persons or private organizations responsible for damage they cause another person

Contract Law

Branch of civil law that provides rules regarding agreements between people and businesses

Family Law

The branch of civil law that deals with various aspects of family life

Estate Law

The branch within civil law concerned with the division and distribution of property after death

Property Law

The branch of civil law that governs ownership rights in property

Employment Law

The branch of civil law that governs employer-employee relationships

Procedural Law

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

Judiciary

The branch of government that is responsible for presiding over Canada's court system

Bill Passage Steps

1. First Reading: Bill is introduced (no debate). 2. Second Reading: MPs debate the bill's main idea and vote. 3. Committee Review: Experts study it; changes may be made. 4. Report Stage: House reviews amendments. 5. Third Reading: Final vote in the House of Commons. 6. Senate Review: Repeats the same process (can suggest changes). 7. Royal Assent: Governor General signs it into law. 8. In Force: Becomes law immediately or on a set date.

Charter of Rights and Freedoms

The constitutional document that guarantees fundamental rights and freedoms to all Canadian citizens and limits the power of the government to infringe on those rights ensuring equality, democracy and justice

Actus Reus

The "guilty act", which is the demonstration of an act which is illegal

Mens Rea

The "guilty mind" and is when one commits the act knowing it is wrong and plans it

Indictable Crime

A crime that is more serious than a summary conviction offence and carries a heavy penalty

Summary Crime

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

Hybrid Offence

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

Perpetrator

the person who actually commits the crime

Co-Perpetrator

someone who commits a crime alongside another individual

Aiding

a criminal offense that involves helping a perpetrator commit a crime

Abetting

the crime of encouraging the perpetrator to commit an offence

Preliminary Hearing

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

Supreme Court of Canada

the nation's highest court

Superior Courts

has two branches, appeal and trial

Provincial and Territorial Courts

the last level of courts in Canada, which has several branches including Criminal Offences, Family Law Matters, Youth Justice, Traffic Violations, and Small Claims

Appearance Notice

a document that requires a person to appear in court

Summons

a legal document that orders a person to appear in court

Arrest Warrant

a document issued by a judge or magistrate that authorizes the arrest of an individual

Surety

a person who takes responsibility for another's appearance in court

Role of the Judge

makes decisions, instructs the jury on the point of law, sentences the convicted person, ensures a fair trial

Types of Objections

Leading questions, Hearsay Statements, Opinion Statements, Immaterial/Irrelevant questions

Perjury

the criminal offense of knowingly making false statements in court while giving evidence under oath or affirmation

Role of Police Officers at a Crime Scene

when officers arrive, they have 3 tasks to perform: 1. Call ambulance and assist injured person at scene 2. Call in reinforcements to help eliminate any hazards that still pose a risk 3. Continue to search the crime scene even if witnesses say that the perpetrators have left

Patrol Officer

first to arrive at the crime scene, ensures no evidence is lost or tampered with, conducts initial interviews with witnesses, may also arrest suspects

Scene of Crimes Officer

trained in evidence collection and preservation techniques, tends to work on less serious offences such as car thefts

Criminal Identification Officer

responsible for searching the crime scene for physical evidence and sending it to the laboratory for analysis

Criminal Investigations Bureau Officer

plainclothes detective with experience in a particular area of crime, trained to supervise the investigation, interview witnesses, interrogate suspects, draw conclusions from physical evidence and arrest suspects

Rule of Law

There are three parts to the role of law: 1. individuals must recognize and accept that the law is necessary to regulate society 2. The law applies equally to everyone, including people of power 3. No one in our society has the authority to exercise unrestricted power to take away our rights except in accordance with the law

Branches of Law

There are three branches of law in Canada: the executive, legislative and judiciary branches

Executive Branch

Responsible for carrying out the government plan & policies, as well as control government spending.

Legislative Branch

Responsible for making, changing and repelling law.

Judiciary Branch

Responsible for deciding punishments in Canada's justice system as well as interpreting the law.

Amending Formula

Requires approval from the federal government and at least 7 provinces representing 50% of the population to change the Constitution.

Judicial Review

Allows courts to strike down laws that go against the Charter.

Section 1

Allows reasonable limits on rights in a free and democratic society.

Section 33 (Notwithstanding Clause)

Lets governments override certain Charter rights for up to 5 years.

Arraignment

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

Peremptory Challenge

Right of the Crown or defence to exclude someone from a jury without providing reasoning.

Jury Qualifications

Includes being 18 or older and a resident of the province for at least a year.

Exclusions from Jury Service

Lawyers, police officers, and prison guards cannot serve as jurors.

Function of the Judiciary

Branch of government responsible for leading Canada's court system, made up of justices and judges who interpret the law and decide punishments.

Passage of a Bill

Proposed law is introduced in legislative session as a government/public bill.

First Reading

The bill is introduced, and its purpose is discussed.

Second Reading

The principle of the bill is debated.

Third Reading

Debate is restricted to contents of the bill, and no amendments can be moved.

Charter Coverage

Charter only covers matters involving the government and has 34 sections in total.

Canadian Bill of Rights (1960)

Recognizes rights of individuals, freedom of religion/speech/assembly, freedom of press, and right to counsel.

Canadian Charter of Rights and Freedoms

Enforced in 1982.

Notwithstanding Clause (section 33)

Grants government the ability to pass laws that exempt from fundamental freedoms (s.2) and legal/equality rights (s.7 and 15).

Fundamental Freedoms (Section 2)

Includes Freedom of Conscience and Religion, Freedom of Thought and Expression, Freedom of Peaceful Assembly and Association.

Democratic and Mobility Rights (Sections 3, 4, 5)

Includes Voting Rights, Extradition (may obtain custody), and Capital Offences (criminal charge punishable by the death penalty).

Legal and Equality Rights (Sections 7-15)

Includes Life, Liberty and Security of the Person (s.7), Unreasonable Search and Seizure (s.8), Arbitrary Detention and Imprisonment (s.9), Rights with Under Arrest (s.10), Rights when Charged (s.11), Punishments for Crimes (s.12-14), and Equality Rights (s.15).

Language and General Rights (Sections 16-22)

Includes Language Education and Aboriginal Rights.

Multicultural Rights (s. 27)

Rights that recognize and promote the cultural diversity of Canadian society.

Types of Crimes

Includes Summary Offence (less serious and lighter penalty), Indictable Offence (more serious and harsher penalty), and Hybrid Offence (needs to be decided by Crown but treated as indictable).

Co-perpetrators

Multiple people committing a crime.

Parties to an Offence

Those indirectly involved in committing a crime.

Party to Common Intention

Shared responsibility among criminals for any additional offences committed in the course of the crime they originally intended to commit.

Counselling

Advising or recommending someone to commit an offence.

Accessory after the Fact

Assists perpetrator in escaping from the police.

Levels of Courts

Includes Provincial Courts (handle smaller divisions), Supreme Court (highest court in a province), Federal Court (matters involving the federal government), and Supreme Court of Canada (highest court in the country).

Justice of the Peace

Court official with less authority than a judge but can issue warrants and perform judicial functions.

Responsibilities of a Judge

Includes making decisions on the accuracy of the evidence, controlling events in the courtroom, interpreting the law into the case, instructing the jury on points of law, and deciding on the sentence in non-jury trials.