Law Exam

Rule of Law

Regulates society, applies equally to everyone, people are not governed by arbitrary power

Laws

You may not opt out of laws and if not followed you will be punished

Rules

You can opt out of rules in certian situations and they are not enforced by the courts

Defending the Mens Rea

There was no deliberate intention to commit a wrongful act

Summary Conviction Offenses

Minor offenses that are a maximum of 6 months in prison and/or a $2000 fine

Indictable Offenses

Crime that has a maximum penalty ranging from two years to life imprisonment

Hybrid Offenses

Offenses where the crown decides to give a summary conviction or an indictable offense to the accused

Offender

Background information about family, education, employment, and friends as well as a psychiatric assessment

Victim in the Court

The judge takes a statement from victim or victim’s family (Victim Impact Statement)

Society

The crown has the responsibility to recommend a sentence to protect society

Code of Hammurabi

One of the earliest sets of detailed laws

Mosiac Law

Focused on punishing one’s actions, not accidents, and emphasized respecting parents

Greek Law

The earliest form of democracy as well as having citizen involvement

Justinian’s Code

Organized Romen legal principles into a single code (modern justice)

The Napoleonic Code

Ensured equal treatment for all and used simple language for clarity

Methods of Early British Law

God would save the innocent who experienced torture

Trial by ordeal (posion down throat)

Trial by water (thrown in tank)

Trial by combat (fight between two)

Common Law

Law developed by judges through decisions of courts

Rule of Precedent

Following previous decisions made by judges

International Law

Laws that govern the relationships between independant nations

Domestic Law

Laws made and enforced within a nation’s border. A government cannot do much to help you if you break a law in another country

Constitutional Law

Laws that distribute government power and guidelines (no laws may violate constitutional laws)

Statute Law

Laws passed by either federal or provincial governments (cannot violate constitutional law)

Case Law

Law taken from previous decisions and a judge determines that a case is unique enough that case law doesn’t apply (may not violate statue or constitutional law)

Executive Branch

Carries out government policies (Prime minister, Premier, & Mayor)

Legislative Branch

Has the power to make or change laws (MP, Senate, & City councial)

Judicial Branch

Upholds laws and the supreme court approves laws ( Supreme Court & Lesser Judges)

Legal Rights

Protection from unreasonable search and seizure

Mobility Rights

The right to live anywhere in Canada

Democratic Rights

The right to vote

Equality Rights

The right to be free from discrimination

Voluntary Action

Willingly performed a violent action

Omission

Failing to do something you are legally required to do

State of Being

Having something illegal or being found somewhere prohibited

General Intent

Committing a wrongful act with no motive or purpose

Specific Intent

Committing one wrongful act to accomplish another

Knowledge

When you know something is illegal but still do it anyway

Willful Blindness

Turning your cheek to the consequences of one’s action

Criminal Negligence

Reckless disregard for the lives and safety of others, sometimes causing injury

Recklessness

Taking an unjustifiable risk that a reasonable person wouldn’t take

Mitigating Factors

May decrease your sentence

Aggravating Factors

May increase your sentence

Accused is Arraigned

The accuesed is brought before the court and jury panel to enter a plea of guilty or not guilty

Jury is Selected

12 people are selected

Jury Selects Foreperson

Names are selected at random and reads the verdict to the court on behalf of the jury

Crown Presents Opening

The crown outlines its case but it should not be considered evidence

Crown Examines Witnesses

Direct examination: The crown questions their witness

Cross examination: The defense questions the crowns witness

Motion for Dismissal

A request by the defense that the judge dismisses the charges against the defendant

Defense Presents Opening

The defense outlines its case but it cannot be considered evidence

Defense Examines Witnesses

Direct examination: The defense questions their witness

Cross examination: The crown questions the defenses witness

Crown Rebuts

Has the opportunity to have a rebut with the defense

Defense Presents Surrebuttal

The defense has the chance to surrebuttal the crown

Closing Arguments

The crown will attempt to prove the defense’s guilt and vice versa. The closing arguments cannot be considered evidence

Judge gives Charge to Jury

The judge explains to the jurors how the law applies to the case

Jury Deliberates

Jury makes decisions with each other

Jury Returns a Verdict

The jury doesn’t have to defend their verdict and can leave as soon as it is made

Leading Question

Suggest an important answer

Hearsay Statement

A questions about what the witness saw or experienced first-hand

Opinion Statement

A question to give an opinion about a matter that goes beyond common knowledge

Immaterial or Irrelevant Question

A questions that has no connection to the matter

Non-Responsive Answer

A question that receives a reply that does not answer the question

Direct Evidence

Testimony that is given by a witness who saw the event

Circumtantial Evidence

Physical evidence that shows that the defendant was at the scene

Character Evidence

Evidence that shows that the accused is the type of person who would commit a crime

Filing a Divorce

One spouse files an “application for divorce” which includes the reason for the divorce

Divorce may occur after a one-year separation or immediately if a serious issue is proven 

Most divorces are finalized using sworn documents without trial

If a judge grants a divorce it takes effect 31 days after the decision

Division of Assests

Adding up the value of each party’s assets. If the division is unequal, it will be made equal over time. 

Prenuptial Agreement

A private agreement between two people attending to marry that deals with the arrangement of their assets

Negotiation

Both parties have a discussion to agree on the issue. This is not done with a third party.

Mediation

A third helps bring two parties together and work toward an agreement. The mediator cannot force an agreement (confidential). 

Arbitration

A third party listens to the arguments on both sides of the discussion and comes to a decision. The decision made by the arbitrator is binding (it must be followed). 

Defamation

An injury to a person’s reputation

Slander

A defaming oral statement or gesture

Libel

Defamation in a permanent form, such as written or recorded statements

Duty of Care

The responsibility to look and avoid careless actions that might cause harm

Neighbour Principle

Legal responsibility to owe a duty of care to anyone affected by your actions

Standard of Care

Level of conduct expected of a reasonble person (Providing the plaintiff with the proper standard of care)

Causation

Proving in a case of negligence that the actions of the defendant caused the plaintiff’s injuries

Beyond a Reasonable Doubt

Being certain the defendant is guilty or not guilty

Balance of Probabilities

It’s more likely the claim is true then not

Criminal Case Process

Accused is Arraigned, Jury is Selected, Jury Selects Foreperson, Crown Presents Opening, Crown Examines Witnesses, Motion for Dismissal, Defense Presents Opening, Defense Examines Witnesses, Crown Rebuts, Defense Presents Surrebuttal, Closing Arguments, Judge gives Charge to Jury, Jury Deliberates, Jury returns a verdict

Stages in a Civil Action

Cause of Action, Writ of Summons (Notice of Action), Statement of Claim (Notice of Defense), Statement of Defense, Reply, Discovery of Documents, Examination for Discovery, Pretrial Confrence (Settlement Out of Court - left side), (Trial Court and Appeal - Right Side)

Legally binding contract

Offer - A proposal to enter into an agreement 

Acceptance - A clear indication by the offeree to enter into a contract 

Consideration - There has to be an exchange of benefits 

Enforceable Contract - The contract has meet legal requirements 

Victim

The person who suffers as a result of a crime

Perpetrator

The person who committed the crime

Aiding

Helping the perpetrator commit a crime

Abetting

Encouraging the prepetrator to commit a crime

Counselling

Advises, recommends, or persuades someone to commit a crime

Accessory after the Fact

Helps/comforts the perpetrator to escape from the police