UNIT 1

Historical Roots of Law

The code law of Hammurabi

• One of the earliest know recorded laws
• Reflected a patriarchal society where wealthy were given protection
• Based on retribution

Mosiac Law

• Ten commandments: laws given to Moses to guide Hebrew people

Greek Law

• More democratic
• Citizen involvement

Roman Law

• Codified
• The Twelve Tablets
• Reflected patriarchal society

Categories of law

Public Law - recognizes the relationship between the government and its citizens

Private Law - relationships between individuals and individuals and organizations

Substantive - defines rights, duties, obligations of citizens and governent

Procedural - enforces rights, duties, and responsiblitise of substantive law

Social Evolution of Law - throughout history, law has evolved to reflect changing social, economic, and political conditions that aim to provide justice, maintain order and protect individual rights

Fundamental Principles of Justice

Rule of Law - all treated equally

Rule of Justice Precedent - rules established for future guidance

Habeas Corpus - detained person brough to court in reasonable time

Unit 2

Marriage

Family Law - marriage and common law relationships

• Marriage - Lawful union of two persons to the exclusion of all others
• Common-law relationship - living with a person who is not your spouse, but with whom you have a conjugal relationship
• Essential Requirement for Marriage :
  • Consent
  • Mental capacity
  • Minimum age (18) or parental consent (16)
  • Previous marriage termination
  • Absence of a prohibited relationship (closely related)
• Formal Requirements for Marriage
  • Marriage license or publication of banns
  • Marriage ceremony (religeous or civil)
  • Licensed official
  • Witnesses

Divorce

• Contested divorce - only one party wants the marriage to end
• Uncontested divorce - oth aprties agree to end the marriage

Oakes Test

A charter Infringement is found:

• If it’s prescribed by the law
• If the purpose is pressing and substantial
• If the law rationally connects to its purpose
• If the law minimally impairs the infringed right
• If the positive effects of the law outweigh the negative effects of the infringement

Candian Charter of Righs and Freedoms

Section 1: Reasonable Limits

• The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. (OAKES TEST)

Section 2: Protects fundamental freedoms, including:

• Freedom of conscience and religion
• Freedom of thought, belief, opinion, and expression, including freedom of the press and other media of communication
• Freedom of peaceful assembly
• Freedom of association

Section 7: Life, Liberty and Security of the Person

• Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice

Section 8: Unreasonable Search & Seizure

• This legal protections is aimed at balancing the privacy rights of individuals with the interest of the state. However, section 9 is mitigated by context including property ownership, personal presence, presence of a warrant or emergency and more

Ontario Human Rights Code

• Protects from discrimination, everyone has the right to:

1. Services, goods; facilities
2. Housing
3. Contracts
4. Employment

Equity - a vulnerable group of rights adn procedures to provide fairness, unhampered by the narrow strcitures of tehh old common law or other technical requirements of the law

Equality - the state of being equal, especially in status, rights and opportunities

Reasonableness - lens through which courts examine the constitutionlity or lawfulness of legislation and regulation

Rights

• Rights are fundamental rules or entitlements that are granted to individuals. They are often protected by law and ensure fair treatment and freedom. Here are some key types of rights:
• a) freedom of conscience and religion;
• b) freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication;
• c) freedom of peaceful assembly; and.
• d) freedom of association

Unit 3

Types of Contracts

Oral contract - verbal agreement between two parties

Written contract - an agreement between two parties recorded on paper

Implied contract - an agreement in which theparties indicate consensus through their conduct

Expressed contract - an agreement in which the terms have been discussed and agreed upon in advance

Enforceability

Meeting of the mind - a clear understanding of the agrement with terms

Offer - a clear proposal to enter into an agreement with terms

Accepteance - clear indication of agreeing to the terms of the contract

Consideration - exchange of benefits

Employment Law - deals with employer- employee relationship

• Includes termination, wages, employment standards act

Labour Law - deals with collective bargaining and union

• Regulates obligations of unions and their members - strikes

Collective bargaining - process where workers, usually through a union, negotiate with their employer to agree on job conditions like pay, hours, and benefits. This results in a contract called a collective agreement. The goal is to ensure fair treatment for employees and clear terms for both sides.

Class actions - class actions help people collectively address wrongs done to them, especially when individual claims might be too small to pursue on their own.

Court Room Titles

1. Plaintiff: The person or party who initiates a lawsuit by filing a complaint.
2. Defendant: The person or party against whom the lawsuit is filed.
3. Judge: The official who presides over the court proceedings, makes rulings on the law, and sometimes decides the outcome of the case.
4. Jury: A group of citizens selected to hear the evidence in a trial and render a verdict based on the facts presented.
5. Prosecutor: In criminal cases, the lawyer representing the government who brings charges against the defendant.
6. Defense Attorney: The lawyer representing the defendant, either in criminal or civil cases.
7. Witness: A person who gives testimony about what they know or have observed related to the case.
8. Bailiff: A court officer responsible for maintaining order in the courtroom, and providing security and assistance to the judge.
9. Clerk of Court: An administrative officer responsible for maintaining court records, managing case files, and sometimes assisting the judge in the courtroom.
10. Court Reporter: The person who transcribes the spoken words during court proceedings to create an official record.

Overview of Civil Action

1. Bringing a claim
2. Defending a claim
3. Discovery
4. Pre-Trial Conference
5. Trial
6. Appeal

Unintentional Torts/ Defences to Negligence

• Contributory Negligence - a person helps cause their injuries
• Voluntary assumption of risk - person agrees the risk
• Inevitable accident - unavoidable/ uncontrollable event
• Unintentional Tort - injuries caused by accident where no harm was intended
• Foreseeability - the ability of a reasonable person to anticipate the consequences of an actions
• Negligence - careless action that causes foreseeable harm to another person factors to be proven:
  • Duty of care - the obligation to foresee and avoid careless actions that might cause harm
  • Standard of care - the degree of caution of kind of behaviors expected of a reasonable person
  • Causation - connection between one person’s actions and another person’s injuries

Tort = wrong + harm

Assault: Threatening someone with immediate harm, creating a reasonable fear of harmful contact.

Trespass to Land: Entering someone’s property without permission.

False Imprisonment: Restricting a person’s freedom of movement without legal authority or the person's consent.

Unit 4

Court Proceedings and People

1. Judge: Presides over the trial, ensures the law is followed, and may determine the sentence if the defendant is found guilty.
2. Prosecutor: Represents the government and is responsible for proving the defendant's guilt beyond a reasonable doubt.
3. Defense Attorney: Represents the defendant and defends them against the charges. This can be a private attorney or a public defender.
4. Defendant: The person accused of committing the crime.
5. Jury: A group of citizens who listen to the evidence and determine whether the defendant is guilty or not guilty. Not all trials have a jury; some are bench trials where the judge decides the case.
6. Witnesses: Individuals who provide testimony about what they know or have observed related to the case.
7. Bailiff: A court officer responsible for maintaining order and security in the courtroom.
8. Court Reporter: Transcribes everything said during the trial to create an official record.
9. Clerk of Court: Manages the administrative tasks of the court, such as maintaining records and swearing in witnesses.

Key Steps in Criminal Court Proceedings:

1. Arrest: The defendant is taken into custody by law enforcement.
2. Initial Appearance: The defendant appears before a judge, is informed of the charges, and may have bail set.
3. Preliminary Hearing/Grand Jury: Determines if there is enough evidence to proceed to trial. A grand jury may issue an indictment.
4. Arraignment: The defendant is formally charged and enters a plea (guilty, not guilty, or no contest).
5. Pre-Trial Motions: Both sides can file motions to shape the trial, such as motions to suppress evidence.
6. Trial: The prosecutor presents evidence and witnesses to prove the defendant's guilt, and the defense presents its case. This includes opening statements, witness examination, and closing arguments.
7. Verdict: The jury (or judge in a bench trial) deliberates and delivers a verdict of guilty or not guilty.
8. Sentencing: If the defendant is found guilty, the judge imposes a sentence, which could include imprisonment, fines, probation, or other penalties.
9. Appeal: The defendant may appeal the verdict or sentence to a higher court if there are grounds to believe there was a legal error in the trial.

Actus Rea -a guilty or prohibited act

Mans Rea - criminal intent (the guilty mind)

Crime Scene Investigations

Police must:

1. Assist injured people
2. Eliminate hazards
3. Search for witness and perpetrator
4. Secure crime scene, centre, and perimeter of crime scene

Crime Scene must be preserved

• To search area
• To seize and collect physical evidence

Contamination - loss, destruction, altercation of evidence

• Usually due to irresponsible handling by police

Patrol Officer - first member at the scene, responsible for controlling area

Due Dilligence - the defense that the accused party took every action they could to avoid committing the particular offense

Accessory after the fact - someone who knowingly recipes, comforts or assists the perpetrator in escaping the police

Fingerprinting

Visible - formed when blood, dirt, ink, paint is transferred from a finger to surface

Latent - traces of sweat and oil that are not visible to naked eye

Automatism - condtion which a person acts without being aware of what he/she is doing

Battered Woman Syndrome - homicide of significant other to relieve themselves of the abuser

Double Jeopardy - accused person can be used when being indicted for the same crime

Entrapment - defense against police conduct induces the accuse to commit the crime