Law Exam Key Terms

units 1-3

municipal government

municipal government

construct by laws, fire departments, local streets, sewage, public transit, libraries, parks, ambulances, animal control

provincial government

makes laws according to their province, administration of justice, property, provincial provisions, education, hospitals, police forces, highways, roads, and provincial jails

federal government

authority to make laws for the country, trade & commerce, taxation, banking, defence, criminal law, federal penitentiaries, postal services, marriage & divorce

napoleonic code

aka french civil code

became most popular due to its non technical style and accessibility to the public

currently in effect in france

greek law

few people had political rights women and children excluded citizens responsibilities included voting, jury duty and the running of the country

mosaic law

the law of moses aka biblical law from the book of Exodus

care for the poor

the ten commandments

respect for parents

how did greek law impact our cdn justice system

emphasis on citizen involvement in law making and enforcement origin of the concept of juries; of the rights to be tried by his/her peers

how did mosaic law impact our cdn justice system

one of the greatest influences on our law and society with an emphasis on fairness and equality before the law

culpable homicide

a killing where the accused can be held legally responsible, someone intentionally killed or due to their recklessness

non culpable homicide

a killing where the accused cannot be held legally responsible, death caused by an accident

pardon

when a persons record of conviction is set aside

is it hard to get a pardon

for a summary offence can apply for pardon 5 years after serving sentence

for an indictable offence can apply for pardon 10 years after serving sentence

costly $631

youth sentencing

anyone under 12 incapable of appreciating the nature and consequences of a criminal act and is therefore not responsible

incapacity of children

can be tried as an adult if convicted of an indictable offence

often try to offer extra judicial sanctions instead of a court imposed sentence

goals for sentencing

1. protecting the public

2. retribution

3. deterrence

4. rehabilitation

5. restitution

6. denunciation

protecting the public

main goal judges try to use for sentencing, protect the public individuals and property

retribution

punish the offender to avenge a crime or to satisfy the public that the offender has paid for their crime

deterrence

giving a punishment that will send a message that if someone commits a crime they will be punished accordingly, to prevent a crime from happening again

specific deterrence

discourages criminals from re-offending

general deterrence

discourages society from committing similar offences

denunciation

the judge sends a message that the offender’s conduct has violated society’s basic code of values and their conduct will be punished

burden of proof

the crowns obligation to prove the guilt of the accused beyond a reasonable doubt

criminal trial process

trial begin with judge explaining rules to the jury

select a foreperson to communicate with judge

the crowns opening statement

examination of witnesses crown

defence responds

examination of witnesses defence

closing

dangerous operation of a motor vehicle

when the safety or lives of others were endangered because the driver failed to exercise the same care a prudent driver would have exercised under the same conditions

federal police

customs and excise, drug enforcement, economic crime, federal policing, immigration, proceeds of crime, criminal intelligence, international liaison and protective services

provincial police opp

jurisdiction in rural areas, responding to municipal police requests, traffic control on 400 highways, maintaining provincial firearms registry, protecting ontarios government official

municipal police

preventing crimes, preserving peace, assisting victims, executing warrants

supreme court of canada

the highest appeals court in canada, strictly an appeals court, made up of a chief judge and eight justices appointed by the federal government, deal with constitutional questions, hears appeals from the provincial and federal courts of appeal

criminal law

branch of law that defines crimes, establishes punishments, and regulates the investigation and prosecution of people accused of committing crimes, represented by R for rex or Regina

civil law

refers to that branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim

how civil cases get initiated in ontario

plaintiff files pleadings at the courthouse then informs defendant of the lawsuit and gives them a chance to reply

if you lose a civil case and cannot pay

they can take steps to collect the money from you, this is called enforcing the judgment

public law

constitutional, administrative, and criminal law

private law

contract, employment/labour, family, property, tort, wills and estates law

constitutional law

the body of law that comes from the constitution

determines the legal rights and responsibilities of both levels of government, the most powerful set of laws in Canada

administrative law

controls the relationship between citizens and government agencies

contract law

regulates the enforcement of contracts, one party makes an offer for a bargain that another party accepts

employment/labour law

governs the relationship between employers and employees, defines your rights and obligations as workers

family law

deals with family-related issues and domestic relations

property law

controls the use, enjoyment and rental of real property and personal property

Includes everything from copyright or patents to jewellery, clothes and buildings

tort law

defines wrongs by one person or a group against another (it is a civil wrong and can be a criminal wrong)

gives remedies to those who have been injured by the intentional or negligent acts of others

wills and estate law

deals with wills and estates, how an individual’s property is distributed after death and lay out an individual’s wishes

intent

a person who meant to do something wrong and had disregard for the consequences, refers to the state of mind when committing the offence

general intent

committing a wrongful act for one’s own sake with no ulterior motive or purpose

specific intent

committing one wrongful act for the sake of accomplishing another

knowledge

the crown shows that the accused knew that what they were doing was wrong

criminal negligence

when the accused does something or omits to do something that is their duty to do so that shows reckless disregard for the lives and safety of others

recklessness

a person who consciously takes an unjustifiable risk that a reasonable person would not

willful blindness

involves deliberately closing your mind to possible consequences of your actions

exceptions to when police need a search warrant

1. imminent injury or death to any person

2. the destruction of evidence relating to an indictable offence

arrest without a warrant; three conditions

1. police have reasonable to suspect a person has either committed an indictable offence or is about to commit one

2. they find the person in the act of committing a criminal offence

3. they find a person who they believe is named on an arrest warrant

arrest with a warrant; summons

a legal document issued for an indictable offence ordering an accused person to appear in court

3 ways a person can be searched legally

1. the arrest must be lawful

2. the search must be connected to the lawful arrest

3. the manner in which the search is carried out must be reasonable

robbery

theft involving violence or threat of violence

robbery max sentence

maximum life

assault level 1

hybrid offence that carries a max sentence of 5 years

pushing someone, threatening someone with violence

assault level 2

hybrid offence that carries a max sentence of 10 years

assault with a weapon and/or causing bodily harm

assault level 3

indictable offence that carries a max sentence of 14 years

most violent level aggravated assault

wounding maiming, disfiguring or endangering the life of a person

provocation

victim did something to tick off  the accused causing them to react in a deadly way

provocation defence

provocation can be used as a partial defence to get the charge of murder reduced to manslaughter

4 elements to get murder reduced to manslaughter

1. wrongful act or insult occurred

2. act or insult was sufficient to derive an ordinary person to lose self control

3. person responded suddenly

4. person responded before there was time for emotions to cool

summary conviction

minor offence carrying a light penalty

animal cruelty

hybrid offence

crown decides to try as either a summary or indictable offence

treated as indictable until charges are laid

fraud less than $5000

indictable offence

serious crimes that carry a heavier penalty (2 years up to life in prison)

murder

rule of law

1. People must recognize and accept the necessity of law to regulate our society

2. Law applies equally to everyone; no one is above the law

3. No one can take away anyone's rights in accordance to the law

rule of precedent

applying a previous decision to a case that has similar circumstances

when can intoxication defence be used

if one is drunk or stoned to the point of losing self-control

when can intoxication not be used as a defence

specific intent to commit the crime – mens rea cannot be proven here but your recklessness can

extreme intoxication which almost counts as mental disorder

cannot be used as a claim for sexual assault

what is the most common bodily substance fond at a crime scene

blood evidence

parity principle

similar to sentences imposed on similar offenders for similar offences committed in similar circumstances

mitigating factors

circumstances that may decrease the severity of an offenders sentence

ex. being a first time offender

aggravating factors

circumstances that increase the severity of an offenders sentence

ex. ongoing patterns of assaults for the offender

self defence

a person may use force to defend themselves against an unprovoked assault, must be no intent to kill or cause serious harm to the attacker

if the victim was threatened with bodily harm and feared death then they have the right to protect themselves at all cost

three reasons why a pardon can be revoked

conviction of summary offence

unacceptable conduct

false info at time of application