Justice and Law: Rights, Responsibilities, and Legal Systems

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25 Terms

1
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What are freedoms in a democratic government?

Freedoms are privileges that allow people to meet, think, and speak openly without fear of government interference, including religious worship, expression, and peaceful assembly.

2
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What are rights and how are they guaranteed?

Rights are granted and guaranteed by government regulation, but they have limitations to ensure the same guarantees for all citizens.

3
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What is the relationship between rights and responsibilities?

My rights are ensured by others acting responsibly, and my acting responsibly ensures that others enjoy their rights.

4
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What are human rights?

Human rights are basic rights that belong to all human beings.

5
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What is the difference between common law and statute law?

Common law is based on rulings by judges in court cases, while statute law is the body of written law passed as legislation by federal governments.

6
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What does it mean for a right to be entrenched?

A right is said to be entrenched when it is given special protection by being included in the constitution.

7
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What role does the Supreme Court of Canada play in legal rights?

The Supreme Court actively defines the legal and equality rights protected by the charter.

8
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What are equality rights?

Equality rights protect individuals from discrimination based on age, sex, religion, color, ethnic origin, or mental/physical disability.

9
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What is the purpose of the Criminal Code in Canada?

The Criminal Code outlines how offenders should be punished and is established by Parliament.

10
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What are the two main groups of laws in Canada?

Canada's laws are divided into criminal law and civil law.

11
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What does criminal law deal with?

Criminal law deals with the punishment of people who commit crimes against the public, such as murder, arson, and theft.

12
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What does civil law protect?

Civil law protects private rights and includes disputes over contracts, personal relationships, and property.

13
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What are the five parts of the Canadian legal system?

1) Citizens: elect government, possess rights, obey laws. 2) Governments: make laws, set punishments, ensure order, guarantee rights. 3) Police: enforce laws, prevent crimes, catch offenders. 4) Courts: interpret laws, decide guilt/innocence, decide punishment. 5) Prisons: carry out punishment, rehabilitate criminals, protect the public.

14
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What must a police officer do when making an arrest?

1) Obtain a warrant unless the crime is in progress. 2) Identify themselves as police. 3) Avoid excessive force. 4) Inform the reason for arrest. 5) Inform that a statement is not required. 6) Inform that any statement can be used in court. 7) Inform about the right to call a lawyer.

15
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What are the two types of courts in Canada?

1) Criminal courts. 2) Civil courts.

16
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What is a summary conviction offence?

Summary conviction offences are minor crimes with penalties such as a maximum $2000 fine or 6 months in jail.

17
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What is an indictable offence?

Indictable offences are more serious crimes, such as murder, and are treated as felonies in the USA.

18
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What are the final four steps in a criminal trial?

1) Closing statement. 2) Charging of jury. 3) Deliberation. 4) Verdict.

19
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What is the Youth Criminal Justice Act (YCJA)?

The YCJA, enacted in 2003, ensures fair treatment of youth in the justice system, prioritizing alternatives to court for less serious offences.

20
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What is restorative justice?

Restorative justice involves victims, offenders, and the community in addressing harm, focusing on understanding, healing, and making amends.

21
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What is the Manitoba Parental Responsibility Act?

This act allows victims of youth property crime to seek compensation from the offenders' parents through Small Claims Court.

22
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What is the role of the RCMP in Manitoba?

The RCMP enforces laws in areas without local police forces, primarily in rural regions.

23
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What is the significance of inherent rights for Aboriginal peoples?

Inherent rights are considered self-evident rights that Aboriginal peoples claim based on their historical presence on the land.

24
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What happens if a jury cannot reach a unanimous decision?

If a jury cannot reach a unanimous decision, it is called a 'hung jury,' and a new jury is chosen for a new trial.

25
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What is the purpose of the Canadian Charter of Rights and Freedoms?

The Charter was created to protect Canadians against the illegal use of power by governments.