Canadian Law Quiz
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Questions and Answers

Which of the following best describes the hierarchy of Canadian law?

  • Common Law and Statute Law are equal and both override Constitutional Law.
  • Common Law overrides Statute Law, which overrides Constitutional Law.
  • Statute Law overrides Common Law, which overrides Constitutional Law.
  • Constitutional Law overrides Statute Law, which overrides Common Law. (correct)
  • Bylaws are laws made by the federal government to address national issues.

    False (B)

    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.

    <p>contract</p> Signup and view all the answers

    Match the following types of law with their descriptions:

    <p>Constitutional Law = Government powers, citizen rights Criminal Law = Identifies crimes and prescribes punishments Tort Law = Damages caused by persons or private organizations Family Law = Deals with marriage, divorce, child custody</p> Signup and view all the answers

    Which type of law establishes the rights and duties of individuals in society?

    <p>Substantive Statute Law (C)</p> Signup and view all the answers

    Public law regulates disputes between individuals and organizations.

    <p>False (B)</p> Signup and view all the answers

    What is the role of elected government representatives in creating laws?

    <p>They create Statute Law through acts passed by Parliament or provincial legislatures.</p> Signup and view all the answers

    Which of the following is a key principle of the rule of law?

    <p>Society is regulated by set guidelines. (B)</p> Signup and view all the answers

    A rule is a legal rule made by the government.

    <p>False (B)</p> Signup and view all the answers

    What is the main function of law with regards to disputes?

    <p>To resolve disputes fairly and maintain order and justice.</p> Signup and view all the answers

    The Code of Hammurabi was based on retribution, which means __________.

    <p>revenge</p> Signup and view all the answers

    Which legal system first considered whether an action was deliberate or accidental as a factor in determining punishment?

    <p>Mosaic Law (A)</p> Signup and view all the answers

    What was a significant contribution of the Roman legal system?

    <p>The requirement for laws to be recorded and the use of specialized legal advisers. (C)</p> Signup and view all the answers

    Match the historical legal codes with their descriptions:

    <p>Code of Hammurabi = First recorded laws based on retribution and restitution Justinian's Code = Clarified and revised version of Roman Law, forming the basis of modern Civil Law Napoleonic Code = Made law accessible to the public, regulating civil matters Mosaic Law = Biblical law that considered whether an action was deliberate or accidental</p> Signup and view all the answers

    Case law is based on the decisions of judges setting precedents for future legal cases.

    <p>True (A)</p> Signup and view all the answers

    Which of these is NOT a fundamental freedom according to the provided text?

    <p>Freedom of Travel (D)</p> Signup and view all the answers

    The notwithstanding clause allows governments to pass laws that are exempt from all sections of the Charter.

    <p>False (B)</p> Signup and view all the answers

    The right to move, remain in, and leave any province in or outside of Canada is considered a ______ right.

    <p>mobility</p> Signup and view all the answers

    What are the two official languages of Canada according to the text?

    <p>French and English</p> Signup and view all the answers

    How often is a new government required, with a few exceptions, according to the democratic rights mentioned?

    <p>Every five years (D)</p> Signup and view all the answers

    Which of the following best describes the concept of 'retribution' in the context of the justice system?

    <p>Punishing an offender to avenge the crime. (B)</p> Signup and view all the answers

    Match the following terms with their descriptions:

    <p>Mobility Rights = Right to move, remain in, and leave any province Notwithstanding Clause = Allows governments to pass laws exempt from certain Charter sections Democratic Rights = Right to vote and run for office Limiting Rights = Charter rights can be restricted if the limits are important enough</p> Signup and view all the answers

    An absolute discharge results in an offender's record being erased after 5 years.

    <p>False (B)</p> Signup and view all the answers

    According to the content, all children in Canada can be educated in the language of their choice.

    <p>False (B)</p> Signup and view all the answers

    What is one condition that can limit rights?

    <p>If the limits are important enough</p> Signup and view all the answers

    What is the primary goal of 'rehabilitation' within the justice system?

    <p>to help offenders function in society</p> Signup and view all the answers

    A sentence that allows a person to live in the community supervised by a parole officer is called ______.

    <p>probation</p> Signup and view all the answers

    Match the following sentencing options with their definitions:

    <p>Conditional Sentence = Prison sentence served in the community with strict terms Concurrent Sentence = Prison sentences served at the same time Consecutive Sentence = Prison sentences served one after the other Intermittent Sentence = Sentences served in intervals (weekends/nights)</p> Signup and view all the answers

    Which of the following sentences involves the offender compensating the victim for damages or loss?

    <p>Restitution (C)</p> Signup and view all the answers

    The Youth Criminal Justice Act applies to individuals between the ages of 14 and 20.

    <p>False (B)</p> Signup and view all the answers

    What is the purpose of an 'indeterminate sentence'?

    <p>to hold an offender for an indefinite period of time</p> Signup and view all the answers

    Which of the following is NOT a right that a youth has under the specified act?

    <p>The right to a public trial with their name published. (D)</p> Signup and view all the answers

    Youth can be searched without a warrant only if there is no reasonable grounds?

    <p>False (B)</p> Signup and view all the answers

    What is the main purpose of the Youth Justice Court?

    <p>To handle cases of young people between the ages of 12 and 18 who have been charged with a criminal offense.</p> Signup and view all the answers

    A _________ is a sentence that allows a convicted offender to live in the community under supervision.

    <p>probation</p> Signup and view all the answers

    Which of the following is NOT a factor that judges consider when sentencing a youth?

    <p>The youth's academic performance. (C)</p> Signup and view all the answers

    Match the following legal terms with their definitions.

    <p>Challenge for Cause = Excluding potential jurors for a particular reason (e.g., bias, incapability, criminal history). Peremptory Challenge = Excluding potential jurors without providing a reason. Double Jeopardy = The legal doctrine that an accused person cannot be tried twice for the same offense. Assigned Youth Worker = A probation officer appointed to monitor a youth's progress in the community.</p> Signup and view all the answers

    What does a Custody with Supervision Order entail?

    <p>The youth spends two-thirds of the sentence in custody and the last third in the community under supervision. (B)</p> Signup and view all the answers

    _________ are done to determine if an extra-judicial sanction would be more appropriate than one imposed by the court.

    <p>Conferences</p> Signup and view all the answers

    Which of the following best describes the purpose of adult sentences for youth in Canada?

    <p>To hold young offenders accountable with the same penalties as adults for serious crimes. (C)</p> Signup and view all the answers

    Civil law primarily deals with disputes between individuals and the state.

    <p>False (B)</p> Signup and view all the answers

    What type of damages compensates for out-of-pocket expenses like medication and therapy?

    <p>Special Damages</p> Signup and view all the answers

    A court order requiring a party to fulfill the terms of a contract is known as _______.

    <p>Specific Performance</p> Signup and view all the answers

    Match the following types of civil remedies with their descriptions:

    <p>Pecuniary Damages = Monetary compensation for calculable losses Non-Pecuniary Damages = Compensation for non-monetary losses that are difficult to quantify Punitive Damages = Damages imposed to punish the defendant for reprehensible conduct Nominal Damages = Minimal compensation to show recognition of the complaint</p> Signup and view all the answers

    Which of the following is NOT a required factor for negligence litigation to proceed?

    <p>The defendant intentionally caused harm to the plaintiff. (C)</p> Signup and view all the answers

    Extra-Judicial Sanctions involve going to court for less serious crimes.

    <p>False (B)</p> Signup and view all the answers

    What is the term for a court order that requires a third party to pay money owed by the defendant to the plaintiff?

    <p>Garnishment</p> Signup and view all the answers

    Flashcards

    Rule

    A rule created by someone with authority, like a teacher or parent, and must be followed by those under their authority.

    Law

    A legal rule made by the government using specific procedures and applies to everyone in the society.

    Rule of Law

    The principle that ensures the law applies equally to everyone, preventing arbitrary power and promoting fairness.

    Code of Hammurabi

    The Code of Hammurabi is the first recorded set of laws, created by King Hammurabi of Babylon. It focuses on retribution (revenge) and restitution (compensation) for wrongdoings.

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    Mosaic Law

    Mosaic Law, also known as the 10 Commandments, is a set of laws outlined in the Bible. It considers the intention behind an action when determining punishment, focusing on deliberate vs. accidental.

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    Justinian’s Code

    Justinian's Code is a revised and clarified version of Roman law, compiled by 10 experts. It laid the foundation for modern Civil Law.

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    Case Law

    Judicial decisions in court cases that establish precedents for future similar cases.

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    Common Law

    Common Law is a legal system based on precedents set by judicial decisions, where judges use previous rulings as references for similar cases.

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    Constitutional Law

    Rules that establish the basic framework of the Canadian government and divide power between federal and provincial levels.

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    Statute Law

    Laws created by elected representatives through a formal process in Parliament or provincial legislatures.

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    Bylaws

    Laws created by municipalities to regulate local issues.

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    Public Law

    Laws that regulate disputes between citizens and the government, including areas like constitutional rights, administrative actions, and criminal offenses.

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    Private Law

    Laws that regulate disputes between individuals and organizations, covering areas like property rights, contracts, and family matters.

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    Tort Law

    Deals with damages caused by individuals or organizations to others.

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    Contract Law

    Governs agreements between individuals and businesses.

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    Absolute Discharge

    A sentence where the convicted offender is released, with the possibility of erasing their record after one year.

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    Probation

    Allows an offender to live in the community under supervision. A breach of probation can lead to imprisonment or fines.

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    Suspended Sentence

    A sentence that is decided but not carried out if the offender meets certain conditions.

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    Intermittent Sentence

    Sentences of less than 90 days served in intervals, usually on weekends or at night. Ideal for non-violent offenders with steady employment and family dependence.

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    Indeterminate Sentence

    When a sentence is imposed, but its exact duration is not determined. The offender can be held for an indefinite period.

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    Conditional Sentence

    Prison sentences that can be served in the community with strict terms and rehabilitation programs attached.

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    Concurrent Sentence

    Prison sentences served at the same time.

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    Consecutive Sentence

    Prison sentences served one after the other.

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    Freedom of Conscience and Religion

    The right to believe and practice any religion, or none at all, without fear of persecution. This includes the freedom to express your religious beliefs through worship, teaching, and sharing.

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    Freedom of Thought and Expression

    This freedom allows you to hold your own thoughts and ideas, and express them freely through various means like writing, speaking, art, or music. This right is fundamental to a democratic society.

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    Freedom of Association and Peaceful Assembly

    The right to gather peacefully with others for shared causes or interests. This includes joining groups like unions, political parties, cultural organizations, or sporting teams.

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    Democratic Rights

    This right ensures that all citizens can participate in the political process by voting and running for office. It also outlines the regular election cycle and the necessity of parliamentary gatherings.

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    Mobility Rights

    The right to move freely within Canada, enter and leave the country, and be protected from extradition (being sent to another country to face charges).

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    Legal and Equality Rights

    This right protects individuals involved in the criminal justice system, ensuring fair treatment throughout the process. It includes the right to a fair trial, protection against unreasonable searches and seizures, and due process.

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    Notwithstanding Clause

    A clause that allows federal or provincial governments to pass laws that can temporarily override certain rights, as long as there are specific and compelling reasons. These exceptions are limited in time and scope.

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    Language Rights

    This right establishes French and English as Canada's official languages, ensuring equal access to government services and public institutions. It also guarantees certain language rights for minorities.

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    Double Jeopardy

    A legal doctrine that prevents someone from being tried twice for the same offence.

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    Assigned Youth Worker

    A legal representative appointed by the court to monitor a youth's progress in the community, following a court order.

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    Conferences

    A meeting held with a youth, their family, and other involved parties to determine if alternative sentences are more appropriate than court-imposed ones.

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    Youth Justice Court

    A special court tasked with handling cases involving young people between the ages of 12 and 18 who face criminal charges.

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    Challenge for Cause

    Challenging potential jurors for a specific reason to remove them, such as bias or a criminal record.

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    Peremptory Challenge

    Removing potential jurors without providing a reason, giving the accused more power.

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    Custody

    A sentence involving confinement in a secure facility, often for serious offences committed by youth, with the aim of correcting behaviour.

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    Civil Law

    A type of lawsuit involving disputes between individuals or companies, dealing with areas like contracts, property, family matters, and more.

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    Specific Performance

    A court order demanding a party to fulfill the terms of a contract.

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    Injunction

    A court order restricting or preventing an action.

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    Garnishment

    A court order requiring a third party to pay money owed by the defendant to the plaintiff.

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    Negligence

    Careless conduct causing foreseeable harm to another.

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    Duty of Care

    A key factor in negligence cases. Did the defendant have a responsibility to protect the plaintiff from harm?

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    Standard of Care

    A key factor in negligence cases, asking if the defendant acted with the same level of care as a reasonable person would in a similar situation.

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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
    • 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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