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Questions and Answers
Which of the following best describes the hierarchy of Canadian law?
Which of the following best describes the hierarchy of Canadian law?
Bylaws are laws made by the federal government to address national issues.
Bylaws are laws made by the federal government to address national issues.
False (B)
What is the primary function of precedent in Common Law?
What is the primary function of precedent in Common Law?
Precedent is used by lawyers to argue for specific outcomes of cases based on previous rulings.
______ law governs agreements between people and businesses.
______ law governs agreements between people and businesses.
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Match the following types of law with their descriptions:
Match the following types of law with their descriptions:
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Which type of law establishes the rights and duties of individuals in society?
Which type of law establishes the rights and duties of individuals in society?
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Public law regulates disputes between individuals and organizations.
Public law regulates disputes between individuals and organizations.
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What is the role of elected government representatives in creating laws?
What is the role of elected government representatives in creating laws?
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Which of the following is a key principle of the rule of law?
Which of the following is a key principle of the rule of law?
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A rule is a legal rule made by the government.
A rule is a legal rule made by the government.
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What is the main function of law with regards to disputes?
What is the main function of law with regards to disputes?
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The Code of Hammurabi was based on retribution, which means __________.
The Code of Hammurabi was based on retribution, which means __________.
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Which legal system first considered whether an action was deliberate or accidental as a factor in determining punishment?
Which legal system first considered whether an action was deliberate or accidental as a factor in determining punishment?
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What was a significant contribution of the Roman legal system?
What was a significant contribution of the Roman legal system?
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Match the historical legal codes with their descriptions:
Match the historical legal codes with their descriptions:
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Case law is based on the decisions of judges setting precedents for future legal cases.
Case law is based on the decisions of judges setting precedents for future legal cases.
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Which of these is NOT a fundamental freedom according to the provided text?
Which of these is NOT a fundamental freedom according to the provided text?
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The notwithstanding clause allows governments to pass laws that are exempt from all sections of the Charter.
The notwithstanding clause allows governments to pass laws that are exempt from all sections of the Charter.
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The right to move, remain in, and leave any province in or outside of Canada is considered a ______ right.
The right to move, remain in, and leave any province in or outside of Canada is considered a ______ right.
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What are the two official languages of Canada according to the text?
What are the two official languages of Canada according to the text?
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How often is a new government required, with a few exceptions, according to the democratic rights mentioned?
How often is a new government required, with a few exceptions, according to the democratic rights mentioned?
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Which of the following best describes the concept of 'retribution' in the context of the justice system?
Which of the following best describes the concept of 'retribution' in the context of the justice system?
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Match the following terms with their descriptions:
Match the following terms with their descriptions:
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An absolute discharge results in an offender's record being erased after 5 years.
An absolute discharge results in an offender's record being erased after 5 years.
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According to the content, all children in Canada can be educated in the language of their choice.
According to the content, all children in Canada can be educated in the language of their choice.
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What is one condition that can limit rights?
What is one condition that can limit rights?
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What is the primary goal of 'rehabilitation' within the justice system?
What is the primary goal of 'rehabilitation' within the justice system?
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A sentence that allows a person to live in the community supervised by a parole officer is called ______.
A sentence that allows a person to live in the community supervised by a parole officer is called ______.
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Match the following sentencing options with their definitions:
Match the following sentencing options with their definitions:
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Which of the following sentences involves the offender compensating the victim for damages or loss?
Which of the following sentences involves the offender compensating the victim for damages or loss?
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The Youth Criminal Justice Act applies to individuals between the ages of 14 and 20.
The Youth Criminal Justice Act applies to individuals between the ages of 14 and 20.
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What is the purpose of an 'indeterminate sentence'?
What is the purpose of an 'indeterminate sentence'?
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Which of the following is NOT a right that a youth has under the specified act?
Which of the following is NOT a right that a youth has under the specified act?
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Youth can be searched without a warrant only if there is no reasonable grounds?
Youth can be searched without a warrant only if there is no reasonable grounds?
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What is the main purpose of the Youth Justice Court?
What is the main purpose of the Youth Justice Court?
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A _________ is a sentence that allows a convicted offender to live in the community under supervision.
A _________ is a sentence that allows a convicted offender to live in the community under supervision.
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Which of the following is NOT a factor that judges consider when sentencing a youth?
Which of the following is NOT a factor that judges consider when sentencing a youth?
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Match the following legal terms with their definitions.
Match the following legal terms with their definitions.
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What does a Custody with Supervision Order entail?
What does a Custody with Supervision Order entail?
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_________ are done to determine if an extra-judicial sanction would be more appropriate than one imposed by the court.
_________ are done to determine if an extra-judicial sanction would be more appropriate than one imposed by the court.
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Which of the following best describes the purpose of adult sentences for youth in Canada?
Which of the following best describes the purpose of adult sentences for youth in Canada?
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Civil law primarily deals with disputes between individuals and the state.
Civil law primarily deals with disputes between individuals and the state.
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What type of damages compensates for out-of-pocket expenses like medication and therapy?
What type of damages compensates for out-of-pocket expenses like medication and therapy?
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A court order requiring a party to fulfill the terms of a contract is known as _______.
A court order requiring a party to fulfill the terms of a contract is known as _______.
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Match the following types of civil remedies with their descriptions:
Match the following types of civil remedies with their descriptions:
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Which of the following is NOT a required factor for negligence litigation to proceed?
Which of the following is NOT a required factor for negligence litigation to proceed?
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Extra-Judicial Sanctions involve going to court for less serious crimes.
Extra-Judicial Sanctions involve going to court for less serious crimes.
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What is the term for a court order that requires a third party to pay money owed by the defendant to the plaintiff?
What is the term for a court order that requires a third party to pay money owed by the defendant to the plaintiff?
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Flashcards
Rule
Rule
A rule created by someone with authority, like a teacher or parent, and must be followed by those under their authority.
Law
Law
A legal rule made by the government using specific procedures and applies to everyone in the society.
Rule of Law
Rule of Law
The principle that ensures the law applies equally to everyone, preventing arbitrary power and promoting fairness.
Code of Hammurabi
Code of Hammurabi
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Mosaic Law
Mosaic Law
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Justinian’s Code
Justinian’s Code
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Case Law
Case Law
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Common Law
Common Law
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Constitutional Law
Constitutional Law
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Statute Law
Statute Law
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Bylaws
Bylaws
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Public Law
Public Law
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Private Law
Private Law
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Tort Law
Tort Law
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Contract Law
Contract Law
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Absolute Discharge
Absolute Discharge
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Probation
Probation
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Suspended Sentence
Suspended Sentence
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Intermittent Sentence
Intermittent Sentence
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Indeterminate Sentence
Indeterminate Sentence
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Conditional Sentence
Conditional Sentence
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Concurrent Sentence
Concurrent Sentence
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Consecutive Sentence
Consecutive Sentence
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Freedom of Conscience and Religion
Freedom of Conscience and Religion
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Freedom of Thought and Expression
Freedom of Thought and Expression
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Freedom of Association and Peaceful Assembly
Freedom of Association and Peaceful Assembly
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Democratic Rights
Democratic Rights
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Mobility Rights
Mobility Rights
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Legal and Equality Rights
Legal and Equality Rights
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Notwithstanding Clause
Notwithstanding Clause
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Language Rights
Language Rights
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Double Jeopardy
Double Jeopardy
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Assigned Youth Worker
Assigned Youth Worker
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Conferences
Conferences
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Youth Justice Court
Youth Justice Court
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Challenge for Cause
Challenge for Cause
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Peremptory Challenge
Peremptory Challenge
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Custody
Custody
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Civil Law
Civil Law
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Specific Performance
Specific Performance
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Injunction
Injunction
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Garnishment
Garnishment
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Negligence
Negligence
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Duty of Care
Duty of Care
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Standard of Care
Standard of Care
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Study Notes
Rules vs. Laws
- A rule is made by anyone with authority over others and must be obeyed by everyone under that authority
- A law is a legal rule made by the government with a prescribed method and must be obeyed by everyone in that society
- Rule of law is a principle of justice, ensuring society is regulated; law applies equally to everyone; and people are not governed by arbitrary power
Five Functions of Law
- Establish rules of conduct to reduce conflicts
- Provide a system of enforcement
- Protect rights and freedoms
- Protect society from harm
- Resolve disputes fairly and maintain order
Historical Roots of Law
- Code of Hammurabi: first recorded laws, created by King Hammurabi of Babylon, based on retribution and restitution
- Mosaic Law: considered whether an action was deliberate or accidental as a factor in determining punishment; based on the 10 Commandments
- Greek Law: early form of democracy, citizen involvement (men only); citizens responsible for voting and jury duty
- Roman Law: law had to be recorded; use of specialized advisors (lawyers) because of complex and numerous laws; Justinian's Code clarified/revised version of Roman Law
Sources of Law
- Constitutional Law: Canadian Constitution determines the structure of federal government and distributes law-making powers, overrides any conflicting laws; establishes the structure of the federal government and divides law-making powers between federal and provincial governments (overriding all other laws)
- Statute Law: laws enacted through Parliament or provincial legislatures; further categorized into substantive—consisting of rights and duties—and procedural—protection of rights and duties under substantive law
- Common Law: based on previous legal decisions, lawyers use precedent in arguments
- Bylaws: local issues passed by municipalities
Other Types of Laws
- Public Law regulates disputes between citizens and society. Categories include:
- Constitutional Law: government powers, citizen rights
- Administrative Law: relationships between individuals and government agencies
- Criminal Law: identifies crimes, prescribes punishments for them
- Private Law regulates disputes between individuals and organizations. Categories include:
- Tort Law: damages caused by persons or private organizations
Branches of Government
- Federal Executive: responsible for carrying out the plans and policies of the government (e.g., Queen, Governor-General, Prime Minister, Cabinet, Public Service)
- Provincial Executive: similar functions to federal (e.g. Queen, Lieutenant-Governor, Premier, Cabinet, Public Service)
- Federal Legislative: responsible for passing statute laws and amending existing legislation (e.g., Governor-General, Senate, House of Commons)
- Provincial Legislative: responsible for passing statute laws and amending existing legislation (e.g., Lieutenant-Governor, Legislative Assembly)
- Federal Judiciary: responsible for adjudicating disputes, interpreting law, and making appropriate punishments (e.g., Supreme Court)
- Provincial Judiciary: responsible for adjudicating disputes, interpreting law, and making appropriate punishments (e.g., Superior Courts, Provincial Courts of Appeal)
Key Terms
- Rule of Precedent (applying previous decisions to similar cases)
- Habeas Corpus ("you must have body")
- Intra Vires ("within the power")
- Ultra Vires ("beyond the powers")
- Canadian Charter of Rights and Freedoms (constitutionally protected rights and freedoms)
- Fundamental Freedoms (freedom of conscience and religion; freedom of thought and expression and freedom of association and peaceful assembly)
- Democratic and Mobility Rights
Legal and Equality Rights
- Protection from unfair treatment in the criminal justice system, ensuring procedural fairness
- Notwithstanding Clause—allows governments to pass legislation exempt from some Charter sections for a limited time
- Language and General Rights—French and English as official languages in Canada and the right to be educated in the official language that you choose
- Limiting Rights—means that rights in the Charter can be restricted, but only if the restriction is reasonable, logical, and the right is limited as little as possible
- Human Rights—right to fair treatment, equal opportunity and freedoms from prohibited discrimination
Human Rights Act
- Prohibited Grounds for discrimination in employment and other areas (e.g., religion, national origin, gender, and age)
Criminal Law
- Criminal Code of Canada—federal statute with criminal laws and sentencing guidelines
- Crime—act or omission prohibited and punishable by federal statute (criteria: act is wrong by society, harms society, harm is serious, remedy is handled by justice system)
- Elements of a crime (actus reus and mens rea)
- Involvement in a Crime (perpetrator, party to the offense, aiding, abetting, counseling, accessory after the fact)
Criminal Code of Canada offences
- Murder (I & II)
- Manslaughter
- Theft
- Aggravated Assault
- Aggravated Sexual Assault
- Breaking and Entering
- Mischief
- Drug Offenses
Types of Offences
- Summary Convictions (less serious offenses)
- Indictable Offences (more serious offenses)
- Hybrid Offences (can be tried as summary or indictable)
- Quasi-Criminal offences (less serious, non-criminal)
Sentencing
- Traditional Sentencing options (discharge, probation, suspended/intermittent sentence, and others)
- Youth Criminal Justice Act - focuses on rehabilitation rather than punishment
Beyond a Reasonable Doubt
- Standard of proof in criminal cases where the prosecution must prove the defendant's guilt so thoroughly that virtually no other reasonable conclusion exists.
Civil Law
- Civil/Private Law—disputes between people/organizations, addressing the branches: Tort Law, Contract Law, Family Law, Wills and Estates, Property Law, Employment Law, etc...
- Civil Remedies (Pecuniary Damages, Non-Pecuniary Damages, Special Damages, Nominal Damages, Specific Performance Injunctions, Garnishment, Negligence).
Important Key Terms
- Plaintiff—party initiating legal action
- Defendant—party being sued
- Litigant—all involved in civil action
- Next Friend—represents child/disabled individual in a lawsuit
- Double Jeopardy.
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Description
Test your knowledge of the hierarchy and principles of Canadian law in this quiz. Examine key concepts like Common Law, public law, and historical legal codes. Perfect for students of law or anyone interested in understanding legal principles in Canada.