Law exam

True or false 25 questions

• Public law governs the relationship between employers and unions (false)

• Procedural law, the legal processes involved in protecting our rights (true)

• Mosaic law, introduced the concept of restitution (true)

• Constitutional law, administrative, and criminal law are types of public law (true)

• Substantive law, the law the outline your rights and obligations in a society (true)

• Perjury the courts official responsibility for just management (false)

• A judge court official who assists the judge in administering oaths and other duties (false)

• Cross examination questioning of a witness conducted by the lawyer of the opposing side (true)

• Challenge for a cause the right of the crown or defense can exclude someone from a jury without providing a response (true)

• Federal court of canada, court that hears cases involving the federal government of canada (true)

• Prohibited weapon, any weapon that has been completely banned (true)

• Arrest warrant a document giving police right to search a specific location (false)

• Criminal law the mental state of the accused at the time of the alleged offense (false)

• Robbery is theft involving violence, threat of violence, assault, or the use of weapons (true)

• False pretenses, a representation known to be false (true)

• Define party of common intentions, the shared responsibility among criminals in the course of the crime they commit (true)

• What information normally appears on the tag of the exterior of the evidence package (true)

• Define recklessness, consciously taking an unjustifiable risk that a reasonable person would not take (true)

• Criminal negligence, laws covering offenses at the provincial and municipal level most often punishable by fine (false)

• Class characteristics (true)

• What did Greek law introduce, tort law, family law, estate law, (false)

• Constitutional law passed in 1982 part of the constitution of canada, made several changes to the british north american act including renaming the constitution act (true)

• Private law, law that is concerned with private individuals and private organization (true)

• Sources of law, biblical law punishes for deliberate act (true)

• Sources of law, parties fight a duel to determine innocence or guilt (false)

Section B MCQ 25 questions, 25 marks

• In civil law the person being sued, in criminal law person who is charged with the offense (defendant)

• Attempt to influence government to benefit a particular group or organization (lobbyist)

• The two basic types of law (substantial and procedural law)

• Reference for a legal case (citation)

• Developed by the UN after WWII (declaration of human rights)

• Preliminary examination of a juror or witness to ascertain fitness to act as such  (voir dire)

• Court official who assists the sheriff (balif)

• An affirmative defense claiming that the defendant was forced to commit a wrongful act by threat of immediate bodily harm (duress offense)

• First stage of a criminal trial in which the court clerk reads the charges and the defendant enters the plead (arraignment)

• Official of the crown can try either as a summary or indictable offense (hybrid)

• Defense stating the accused had no reasonable alternative to committing an illegal act (necessity)

• Latin phrase meaning guilty mind (mens rea)

• Indirect evidence (circumstantial)

• Communicating for the purpose of prostitution (soliciting)

• Minor criminal offenses that are tried immediately (summary)

• The print thats formed when your fingerprint is coating in blood, grease or another substance (finger print)

• An awareness of certain facts (knowledge)

• Someone who knowingly seeks comfort or assist the perpetrator from escaping (accessory after the fact)

• Establish a center where the crime occurred where the and secure the crime scene so evidence does not become contaminated  (how officers preserve evidence)

• To amend or try to amend a wrongdoing in a fair equal manner that is justice (justice)

• Laws are needed in society, applies to everyone equally, no one can take away your rights (rules of law)

• A fender pays back to the victim of the crime (restitution)

• Laws affect what majority of society believes in, laws differ from nation to nation, people who don't have the same beliefs can change them, making laws in multicultural societies is hard because different cultures believe in diff things (law of morality) 

• Intra vires is within power of the government to pass the law, intra virasim beyond the government to pass law. (intra vires, ultra vires)

• When the parties to a lawsuit settle a case before trial (out of court settlement)

Section C short answer, 15 questions 30 marks

What is the purpose of law

• To maintain order and justice

• Deterrence

• Retribution, eye for 

• Remedy, resolve

• Restitution, to restore to how it was before the crime, make up, bring them back to their original situation, done financially 

• Resolves disputes

• Ensures that there is a system of rules to follow to ensure safety of everyone

What is private law and public law

• Private law is between people, settling disputes, usually to provide compensation for the plaintiff

  • Nobody else out of that group is affected

  • Usually affects 2 or more people 

  • personal law, like a hotels law that you can’t do certain things

  • Civil law

• Public law is between person or group of people and society/government

  • Something that affects the whole public, like vandalism, or criminal law

What legal concepts did code of hammurabi code, mosaic and magna carta contribute to canadian law

• The Code of Hammurabi, for example, was organized under headings such as family, criminal, labour, property, and so on.

  • An eye for an eye

  • Followed the concept of retribution

    • Receiving stolen goods penalty was death

• Mosaic law introduced the concept of restitution

  • Paying back the victim for harm done

• Early legal codes and punishments would be seen as cruel in modern society

  • Magna carta or bill of rights help build a basis for modern legal system

  • Helped changed governing

  • Moral thinkers began to value human rights of life, liberty, and security.

What rights do you have under the canadian charter or rights and freedoms, name 3 and explain what these rights are why they're important

• Freedom of expression allows for individualism it is because of variety that society can function with different benefits from different people

• Freedom of religion

• Freedom of thought- have your own thoughts and express them publicly

• Freedom of peaceful assembly- peaceful protest

Are your charter of rights absolute, explain

• Can be limited

• Government can create laws that are contrary to your rights, but they have to justify this violation of rights, and follow a criteria

What happened to the canadian charter of rights in 1982

• British act of 1867 was changed 

Criminal law, what is a crime, what 2 elements are required

• Mens rea (guilty mind)

• Actus reus (wrong action)

• an action or omission that constitutes an offense that may be prosecuted by the state and is punishable by law

What's the difference between being arrested and being detained

• Detained is only for a certain amount of time for which after they are legally required to release you

• Arrest is when you are in custody and are not permitted to leave until otherwise, when placed under arrest you will be specifically told

What's the difference between theft and robbery

• Theft is not involving harm or threat, robbery is involving harm or threat, force involved

• Both are acts involve stealing, taking someone's property without their consent

What is voir dire

• a preliminary examination of a witness or a juror by a judge or counsel

Civil law, main purpose of civil law, what does tort a mean

• To gain restitution

• A civil wrongdoing to

What is litigation, who are the parties involved, and who has the burden of proof

• Legal action to settle civil disputes

• Process of suing is called litigation

• Parties involved are litigants

• Takes lots of time and money 

• Civil has burden of proof on the one who files the claim or the plaintiff

• Plaintiff and defendant are parties 

What types of alternative dispute resolution are there? (arbitrary, impartial mediator)

• mediator is when a third party listens in and provides advice on how to make a decision regarding the dispute it is a decision that everyone should agree to

• Arbitrator is a third party that makes the decision for them based on both sides opinions, this person is experienced and an expert, both parties must agree to follow the arbitrator's decision before hand

• Impartial, open minded no bias to a particular side, based on objective criteria and not an area of prejudice

  • Judges must be impartial

• Negotiation is where parties communicate with each other until a decision is reached

Family law, what are the legal requirements to get married

• Cannot marry brother, sister, half brother, half sister, even by adoption

• 18 yrs or older 

• 16 yrs with parental consent

• Don't need to have PR or citizenship

• Must have marriage license

• Cant marry more than one spouse

• Legally dissolved previous marriage

What's the difference between marriage and common law

• In marriage spouses have equal rights over property, common law recognizes those who have lived together over a year but are not married 

• Common law has less/limited rights

• common law you don't have right to your deceased partner's property or inheritance unless specified by a will 

• Married has more rights, more spousal support

  • Property rights together 

  • marriage has spousal privilege 

How is separation how does it relate to divorce

• Separate is when you are separated but you are still married on paper

• You cannot get married to anyone else until divorced

• Must be separated for a year before getting divorced

Essay Question — 20 marks

Q1. When we began the course, we talked about the importance of the word responsible in Canada’s legal system. Explain how important the word is to our system and give examples to help your ideas.

Q2. Our legal system is built on a balance of the rights of society vs the rights of the individual. Give examples of how these relate to each other in Canada’s court systems.

Q3. “law resolves disputes” explain how this relates to our entire course. give examples from the legal system to help support your ideas.

Foundations of Law

• Purpose: Framework for resolving conflicts

• Examples:

  • Contract Law: Dispute over contract terms → courts interpret & resolve

Civil Law

• Focus: Rights/duties between individuals

• Examples:

  • Tort Law: Negligence claims (e.g., car accident) → court decides compensation

Criminal Law

• Focus: State vs. individuals/entities accused of crimes

• Examples:

  • Criminal Prosecution: Crime committed → investigation/trial → court decides guilt/sentence

Administrative Law

• Focus: Disputes involving government agencies

• Examples:

  • Regulatory Disputes: Business challenges agency regulation → administrative review → resolution by judges/courts

International Law

• Focus: Disputes between nations/international entities

• Examples:

  • Trade Disputes: Countries in trade conflict → WTO mediates/arbitrates → resolution

Alternative Dispute Resolution (ADR)

• Focus: Non-court resolution mechanisms

• Examples:

  • Arbitration: Commercial disputes → arbitrator hears & decides → binding resolution

Conclusion

• Key Idea: Law maintains order, protects rights, and ensures justice by resolving disputes across various contexts.