Canadian Legal Concepts and Classifications
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Questions and Answers

Match the legal concepts with their descriptions:

'Rule' = Applies to a specific group 'Law' = Applies to everyone in society and made by the government 'Substantive Law' = Lists the rights and responsibilities of each citizen 'Punishment' = More severe and are made by the government

Match the types of legal trials with their main focus:

Criminal Trial = Accuses an individual of breaking the law Civil Trial = Disputes between two individuals or groups Public Trial = Accuses an individual of breaking the law Private Trial = Disputes between two individuals or groups

Match the involved parties with their respective trial types:

Crown prosecutor vs. accused = Criminal Trial Plaintiff vs defendant = Civil Trial Regina vs accused = Criminal Trial Person suing vs defendant = Civil Trial

Match the purpose of action with the corresponding legal trial type:

<p>To punish offender = Criminal Trial To compensate victims = Civil Trial To determine guilt or innocence = Criminal Trial To resolve a dispute = Civil Trial</p> Signup and view all the answers

Match the divisions of law with a brief description:

<p>'Constitutional Law' = Confronts constitution 'Contract Law' = Legal agreements 'Tort Law' = Wrongs like bodily harm 'Property Law' = Relating to ownership of land/property</p> Signup and view all the answers

Match the historical figures or laws with their key contributions to the legal system:

<p>Hammurabi = Established a code based on retribution Moses = Introduced a law focused on restitution Justinian I = Reorganized and codified Roman law Henry II = Appointed judges to develop common law</p> Signup and view all the answers

Match the historical legal practices with their descriptions:

<p>Trial by Wager of Law = Accused seeks testimonies from friends Trial by Battle = Disputes resolved through combat Trial by Ordeal = Accused's innocence determined by surviving dangerous tests Trial by Jury = Decision made by a group of citizens</p> Signup and view all the answers

Match the types of law with their defining characteristics:

<p>Statute Law = Laws passed by a legislative body Case Law/Common Law = Law based on judges' decisions and precedent Rule of Precedent = Judges follow previous rulings in similar cases Substantive Law = Defines rights and obligations</p> Signup and view all the answers

Match the events with their significance in Canadian legal history:

<p>British North America Act 1867 = Created the Dominion of Canada Statute of Westminster, 1931 = Granted Canada control over its foreign relations Constitution Act, 1982 = Patriated the Canadian Constitution Magna Carta = Established rights to a fair trial</p> Signup and view all the answers

Match the legal concepts with their primary focus:

<p>Habeas Corpus = Ensures the right to a fair trial and efficiency of trials Procedural Law = Deals with how to enforce and follow the law Charter Rights = Legal rights that promise security from the state Ultra vires = Law is unconstitutional as it goes outside its jurisdiction</p> Signup and view all the answers

Match these steps with how a bill becomes law in Canada:

<p>House of Commons = Bill is introduced, studied, and voted on Senate = Bill is reviewed and edited Governor General = Bill is signed and proclaimed into law or refused to sign Rule of Law = Law exerts control over the rebellious population</p> Signup and view all the answers

Match historical events to their legal consequences or influences:

<p>Norman Conquest = Led to mudrum fine, doomsday book, and pillars of shame Feudalism = Resulted in inconsistent justice by various lords Ancient Greece = Establishment of democracy with certain rights and trial by jury Roman Law = Creation of codes and lawyers</p> Signup and view all the answers

Match these methods of resolving disputes with their descriptions:

<p>Negotiation = Parties communicate directly to reach a solution Mediation = A third party guides parties toward a solution Arbitration = A third party makes a binding decision Rule of Law = The law exerts control over the population</p> Signup and view all the answers

Match the Canadian legal concepts with their descriptions:

<p>Division of Powers = Outlines which level of government can create laws (federal or provincial) Amending formula = Resolves disputes over meaning and intent of sections within the Constitution Tony’s Law = The law exerts control over rebellious populations Habeas Corpus = Ensures a fair and efficient trial process</p> Signup and view all the answers

Match the following Canadian Charter sections with their primary focus:

<p>Section 2 = Fundamental Freedoms Section 7 = Life, liberty, and security of the person Section 8 = Search and seizure Section 15 = Equality rights</p> Signup and view all the answers

Match the following legal terms with their legal classification:

<p>Summary Offence = Less serious crime with smaller penalties Criminal Behavior = Acts that can lead to imprisonment Legal Behaviour = Actions not restricted by law Illegal Behaviour = Actions that are unlawful, with fines/suspensions as penalties</p> Signup and view all the answers

Match the following freedoms with their description:

<p>Freedom of Association = Right to join any group Freedom of Assembly = Right to hold a peaceful public demonstration Freedom of Expression = Right to all forms of communication and expression Freedom of Conscience = Sense of right and wrong</p> Signup and view all the answers

Match the legal concepts with their corresponding meaning under the Charter of Rights:

<p>Arbitrary detention = Imprisonment or detainment without cause Cruel and unusual punishment = Penalties that are beyond usual or extremely harsh Reasonable limits = Justifiable restrictions on Charter rights in a democratic society Informed of reason for detainment = Right to know why you are being arrested</p> Signup and view all the answers

Match the following rights of an accused with their description:

<p>Innocent until proven guilty = The burden of proof is on the prosecution Right to be informed of offense = Right to know what you are charged with Right to counsel = Right to be able to hire a lawyer Right to bail = Freedom from pre trial detention</p> Signup and view all the answers

Match the following rights with their description or limitation:

<p>Freedom of Religion = Can be limited if it infringes on someone else's freedom Search and seizure = Must be done carefully and within the law Right to security of person = Protection against government inflicted harm Right to Life = Included in cases regarding abortion</p> Signup and view all the answers

Match the court terms with their meaning:

<p>Majority Decision = Judges who agree with outcome in SCC case Minority Decision = Judges who disagree with outcome in SCC case SCC = Supreme Court of Canada Trial = Formal examination of the facts in a case</p> Signup and view all the answers

Match the situations with the likely charter section to be triggered:

<p>Police searching a home without a warrant = Section 8: Search and seizure Refusal of a group to assemble = Section 2: Freedom of Peaceful Assembly Mandatory minimum sentencing over 10 years = Section 12: Cruel and unusual punishment Person held by police without explanation = Section 9: Arbitrary Detainment/Imprisonment</p> Signup and view all the answers

Match the concepts to their definition

<p>Perjury = Lying while testifying in court Lawful Detention = Legal and proper holding of an individual Riot Act = Command to disperse when an assembly becomes unlawful National emergency = A state of crisis that can limit some charter rights</p> Signup and view all the answers

Match the rights with the limitations/exceptions associated with them:

<p>Freedom of expression = Limited by hate speech laws Freedom of association = Limited by parole conditions Freedom of religion = Limited by the rights of others Right not to incriminate yourself = Suspended when commiting perjury</p> Signup and view all the answers

Match the elements to their descriptions

<p>Belief = A conviction that calls for a mandatory line of conduct Sincerity = Honesty of intent with faith Hexus = A set of organized beliefs Mandatory line of conduct = Acts or restrictions arising from a belief</p> Signup and view all the answers

Match the implications of some Charter rights:

<p>Section 24 = Improper Evidence laws Section 33 = Laws not allowed to change Section 11 = Rights as an Offender Section 1 = Reasonable limits to Charter rights and freedoms</p> Signup and view all the answers

Match these items to the descriptions given:

<p>Bail = Option for release of detainee before trial Parole = Release from jail after a portion of sentence has been served Acquitted = Released from charges, because defendant was not proven guilty Convicted = Found guilty of a crime</p> Signup and view all the answers

Match the following terms with their connection to legal cases:

<p>Case by case = Each case has individual merits, no set ruling Reasoning = Justification for a decision by SCC judges Court challenge = Challenging a law with the Charter Discrimination = Unfair treatment based on specific characteristic</p> Signup and view all the answers

Match the grounds for divorce with their descriptions:

<p>Irreparable breakdown = Separation for one year or more Adultery = Spouse has had an extramarital sexual relationship Abuse = Physical or mental harm making it impossible to coexist Lack of capacity = Absence of mental ability to consent at marriage</p> Signup and view all the answers

Match the types of custody/access with their functions:

<p>Sole custody = One parent has primary care and access is granted Reasonable access = Flexible visitation times with the non-custodial parent Defined access = Visitation times are specifically outlined Supervised access = Visits must happen in the presence of a supervisor</p> Signup and view all the answers

Match the cases with their key legal issue:

<p>AA vs BB = Recognition of three legal parents Prevost vs Vetter = Negligence and responsibility for injuries Hunt vs Sutton Realty = Employer’s liability for employee’s injuries after a party Mustapha vs Culligan = Forseeability of injuries from contaminated water</p> Signup and view all the answers

Match the facts to the corresponding case outcome:

<p>Prevost vs Vetter = $2.5 million damages awarded for negligence Mustapha vs Culligan = Initial award of $341,000 overturned Cowles vs Balac = $1.7 million awarded for pain and suffering Teno vs Arnold = $875,000 awarded for total disability</p> Signup and view all the answers

Match the type of access to its description:

<p>Reasonable access = Flexible schedule allowing regular time with children Defined access = Clearly scheduled visiting times Supervised access = Visits must occur with a designated supervisor present Sole custody access = Only one parent has legal custody; others may visit</p> Signup and view all the answers

Match the facts of the case with the relevant details:

<p>Hunt vs Sutton Realty = Employee injured after consuming alcohol at work event Teno vs Arnold = Child disabled after accident caused by driver negligence Cowles vs Balac = Couple mauled by tigers due to lack of safety warnings AA vs BB = Request for legal acknowledgment of three parents denied in lower court</p> Signup and view all the answers

Match the type of abuse with its legal perspective:

<p>Physical abuse = Involves bodily harm or threats of harm Mental abuse = Emotional distress resulting in inability to live together Negligence = Lack of care leading to injuries or harm Custodial neglect = Failure to provide proper care for children</p> Signup and view all the answers

Match the legal principle with its relevance:

<p>Negligence = Failure to provide basic care resulting in harm Forseeability = Expectation of certain outcomes from specific actions Liability = Legal responsibility for one's actions or omissions Consent = Agreement required for participation in marriage or laws</p> Signup and view all the answers

Match the trial outcomes to their associated case facts:

<p>Mustapha vs Culligan = Supreme Court favored Culligan due to foreseeability issues Hunt vs Sutton Realty = Court ordered Sutton to pay damages despite employee negligence Prevost vs Vetter = Damages awarded for injuries from negligence at a private event Teno vs Arnold = Life-altering injuries led to significant compensation for the victim</p> Signup and view all the answers

Match the custody type with its legal implications:

<p>Sole custody = One parent has all decision-making authority Joint custody = Both parents share decision-making responsibilities Physical custody = Determines where the child will live Legal custody = Involves the right to make important decisions for the child</p> Signup and view all the answers

Match the child rights with their legal guardianship aspects:

<p>Right to access = Child's entitlement to maintain relationships with both parents Right to safety = Protection from abuse and neglect Right to education = Access to schooling and educational opportunities Right to health care = Access to necessary medical treatment and services</p> Signup and view all the answers

Match the following civil trial terms with their definitions:

<p>Plaintiff = Who is suing Defendant = Being sued Litigation = The process of suing Litigants = Parties to the action</p> Signup and view all the answers

Match the following types of damages with their descriptions:

<p>General Damages = Pain, suffering, and loss of enjoyment of life Special Damages = Compensate for out-of-pocket expenses Punitive Damages = Awarded to punish the defendant Nominal Damages = Awarded to indicate support for the plaintiff</p> Signup and view all the answers

Match the following concepts of tort law with their explanations:

<p>Negligence = Breach of duty of care leading to harm Causation = Direct connection between negligence and harm Contributory Negligence = Plaintiff’s own neglect affecting compensation Vicarious Liability = Responsibility for actions of a third party</p> Signup and view all the answers

Match the following types of negligence with their definitions:

<p>Occupiers Liability = Duty of care for those entering property Motor Vehicle Negligence = Liability for safety of passengers Assumption of Risk = Plaintiff knowingly accepted the risk False Imprisonment = Confining a person without consent</p> Signup and view all the answers

Match the following legal concepts with their examples:

<p>Assault = Threat of immediate danger or violence Battery = Physical act following an assault Trespass to Land = Entering another person's property Nuisance = Unreasonable use of land affecting others</p> Signup and view all the answers

Match the following essentials of marriage with their requirements:

<p>Capacity = Both individuals must be able to marry Minimum Age = 16 with permission, 18 without Consent = Freely agreed by both parties No Prior Marriages = Monogamy is required in Canada</p> Signup and view all the answers

Match the following court entities with their functions:

<p>Provincial Supreme Court = Hears serious cases and appeals Small Claims Court = Handles minor disputes and claims Family Court = Focuses on family law matters Civil Court = Deals with non-criminal disputes</p> Signup and view all the answers

Match the following damage types with their characteristics:

<p>Pecuniary Damages = Loss of income and future earnings Aggravated Damages = Due to outrageous behavior Injunctions = Order to do or not do something Punitive Damages = Further punishing the defendant</p> Signup and view all the answers

Match the following marriage laws with their governing bodies:

<p>Federal Government = Jurisdiction over marriage and divorce essentials Provincial Government = Solemnization of marriage requirements Municipal Government = Issues marriage licenses Judicial System = Handles annulments and marriage disputes</p> Signup and view all the answers

Match the following tort elements with their explanations:

<p>Duty of Care = Legal obligation to ensure safety Breach of Duty = Failure to meet expected standards Causation = Link between breach and harm Damages = Actual loss suffered by the plaintiff</p> Signup and view all the answers

Match the following tort terms with their suitable descriptions:

<p>Occupier = Person controlling the property Invitee = Person invited onto the property Licensee = Person permitted to enter property Trespasser = Unauthorized person on the property</p> Signup and view all the answers

Match the following types of torts with their definitions:

<p>Negligence = Failure to take proper care leading to damage Assault = Threat of violence causing fear Battery = Unauthorized physical contact Trespass = Interference with someone's possession</p> Signup and view all the answers

Match the following defenses of negligence with their implications:

<p>Contributory Negligence = Reduces plaintiff's compensation Voluntary Assumption of Risk = Plaintiff knew the risk involved Comparative Negligence = Shared liability among parties Statutory Defense = Based on specific laws or regulations</p> Signup and view all the answers

Match the following trial procedures with their characteristics:

<p>Balance of Probabilities = Plaintiff must prove claims Trial by Jury = Majority vote from six members Court Judgment = Final decision based on evidence Appeal Process = Reviewing a court decision</p> Signup and view all the answers

Match the following criminal offences with their corresponding maximum prison sentences:

<p>Murder = Life imprisonment Assault = 5 years Assault Causing Bodily Harm = 10 years Aggravated Assault = 14 years</p> Signup and view all the answers

Match the following elements of a crime with their respective definitions:

<p>Mens Rea = Guilty mind, including intent, motive, knowledge, recklessness, negligence, and willful blindness Actus Reus = Guilty action, causing loss or harm, or failing to fulfill a duty of care Strict Liability = No mens rea required, but the accused must prove they exercised reasonable care Absolute Liability = No mens rea required, and the accused cannot prove their innocence</p> Signup and view all the answers

Match the following criminal offences with their descriptions:

<p>Homicide = The unlawful killing of another human being Manslaughter = Unlawful killing without malice aforethought, often during an unlawful act Infanticide = Killing of a newborn child by the mother Assault = Intentional application of force, or threat of force, without consent</p> Signup and view all the answers

Match the following types of murder with their characteristics:

<p>First-Degree Murder = Planned murder, murder during another crime, murder involving criminal harassment, explosives with crime organization or terrorism, law enforcement victim Second-Degree Murder = Intentional murder without premeditation Manslaughter = Unlawful killing during an unlawful act, usually involving recklessness or general intent</p> Signup and view all the answers

Match the following defences to manslaughter with their definitions:

<p>Provocation = A wrongful act or insult that would deprive an ordinary person of self-control, leading to an immediate reaction Intoxication = A defence that may negate the mens rea or actus reus of the crime due to the effects of alcohol or drugs</p> Signup and view all the answers

Match the following levels of sexual assault with their maximum prison sentences:

<p>Sexual Assault = 10 years Sexual Assault Causing Bodily Harm = 14 years Aggravated Sexual Assault = Life imprisonment</p> Signup and view all the answers

Match the following forms of participation in a crime with their descriptions:

<p>Aiding = Helping to commit an offence, but not necessarily being present Abetting = Encouraging an offence, being present Procuring = Recruiting someone for an offence Accessory After the Fact = Helping an offender escape capture</p> Signup and view all the answers

Match the following property crimes with their definitions:

<p>Arson = Intentional or reckless causing of damage to property by fire or explosion Theft = Fraudulent taking of property, without right, with intent to steal Break and Enter = Entering a structure by breaking, opening a concealed opening, or entering with unlawful intent Robbery = Theft involving violence, threat of violence, or the use of force</p> Signup and view all the answers

Match the following types of property crimes with their maximum prison sentences (where applicable):

<p>Arson (Danger to Life) = 14 years Arson (Intent to Defraud) = 10 years Theft (Under $5,000) = 2 years (hybrid offence) Theft (Over $5,000) = 10 years (indictable offence)</p> Signup and view all the answers

Match the following crimes with their definitions:

<p>Criminal Harassment = Repeatedly stalking or threatening an individual, causing them to fear for their safety Criminal Negligence = Recklessly disregarding the lives or safety of others by doing something or omitting to do something Mischief = Willingly destroying, rendering dangerous, or interrupting the use of property Terrorism = Crime committed for a political, religious, or ideological purpose, aiming to undermine security</p> Signup and view all the answers

Match the following legal concepts with their definitions:

<p>Civil Law = Private law that focuses on compensation and is initiated by victims, typically involving issues like accidents, injuries, property, divorce, contracts Torts = Civil wrongs that give rise to legal liability, often overlapping with crimes but allowing for compensation for victims Small Claims Court = Informal court that handles minor civil disputes, often referred to as &quot;People's Court&quot;</p> Signup and view all the answers

Match the following criminal offences with the corresponding civil torts they might be associated with:

<p>Assault = Battery Break and Enter = Trespass to Land Murder = Wrongful Death</p> Signup and view all the answers

Match the following terms with their definitions as related to the legal system:

<p>Indictable Offence = Severe crime typically punishable by life imprisonment, often involving a minimum sentence of 5 years Summary Offence = Less serious crime typically punishable by a maximum of 18 months imprisonment Hybrid Offence = Crime that can be prosecuted as either summary or indictable, depending on the circumstances Mens Rea = Guilty mind, the mental element of a crime</p> Signup and view all the answers

Match the following types of criminal liability with their respective definitions:

<p>Strict Liability = No mens rea required, but the accused must prove they exercised reasonable care Absolute Liability = No mens rea required, and the accused cannot prove their innocence Mens Rea Liability = The accused must have had a guilty mind, with intent, knowledge, recklessness, or negligence Actus Reus Liability = The accused must have committed the physical act of the crime</p> Signup and view all the answers

Match the following terms with their definitions in the context of Canadian criminal law:

<p>Causation = The link between the accused's actions and the resulting harm Actus Reus = The physical element of a crime, the guilty action Mens Rea = The mental element of a crime, the guilty mind Criminal Negligence = Recklessly disregarding the lives or safety of others by doing something or omitting to do something</p> Signup and view all the answers

Study Notes

Why We Have Laws

  • Laws are necessary for societies to function, providing structure and order beyond the "survival of the fittest."
  • Rules apply to specific groups, while laws apply to everyone in a society, enforced by the government with stricter penalties.

Public vs. Private Law (Criminal and Civil Procedures)

  • Criminal (Public) Trial: Focuses on determining an individual's guilt in breaking a law (e.g., theft, assault).
  • Civil (Private) Trial: Aims to resolve disputes between individuals or groups (e.g., contracts, divorces, negligence claims).
  • Parties Involved (Criminal): Crown prosecutor (Regina or Rex) vs. accused (defendant).
  • Parties Involved (Civil): Plaintiff (suing party) vs. defendant.
  • Grounds (Criminal): Guilt or innocence of accused.
  • Grounds (Civil): Resolution of the dispute.
  • Purpose (Criminal): Punish the offender.
  • Purpose (Civil): Compensate the victim.
  • Onus/Burden of Proof (Criminal): On the Crown prosecutor beyond a reasonable doubt.
  • Onus/Burden of Proof (Civil): On the plaintiff on the balance of probabilities.
  • Outcome (Criminal): Guilty or not guilty.
  • Outcome (Civil): Liable or not liable.
  • Action Taken (Criminal): Sentence (e.g., imprisonment, fines).
  • Action Taken (Civil): Compensation or remedy (e.g., monetary damages, injunctions).
  • Categories of Law: Criminal, constitutional, administrative, family, contract, tort, property, labor law.

Substantive vs. Procedural Law

  • Substantive Law: Defines rights and responsibilities of citizens, setting limits to those rights and outlining specific responsibilities.
  • Procedural Law: Outlines the process for enforcing substantive laws (e.g., arrest procedures, search warrants).

Early History of Law

  • Hammurabi Code: First written code of laws based on retribution (punishment).
  • Mosaic Law: Emphasized restitution (compensation) and presented laws to Hebrews.
  • Greek Law: Introduced ideas of democracy for male citizens, trial by judge, and the right to vote, shaping legal thought.
  • Roman Law: The Law of the Twelve Tables (first public display of laws), establishment of lawyers, and Justinian's codification of laws.
  • Feudalism: Each feudal lord judged crimes differently, leading to the need for a systematized approach.
  • Development of Common Law: King Henry II appointed judges to hold trials and consistent punishments evolved.

Trials in 12th Century England

  • Methods for settling disputes: Trial by wager of law, battle, ordeal.
  • Trial by Wager of Law: Accused asked friends for testimony.
  • Trial by Battle: Families fought to settle disputes.
  • Trial by Ordeal: (Fire, water, ingestion) — was used as a test of divine favour (or lack thereof).
  • Trial by Jury: Evolved from earlier methods.
  • Outlawed forms of trials in 1215 except witchcraft.

Case Law vs. Statute Law

  • Statute Law: Formed through legislative processes (parliament). These laws are reviewed in court to ensure fairness and just application.

  • Case Law (Common Law): Made by judges based on precedent and past court decisions, written and recorded.

  • Rule of Precedent: Judges follow previous rulings for similar cases, ensuring consistency and predictability.

Tony’s Law and the Rule of Law

  • William the Conqueror's harsh punishments (blinding, castration).
  • Public humiliation (pillar of shame).
  • "Mudrum fine" - a fine for dead Normans
  • Development of common law.

Canada's Constitution

  • Historical Milestones: British North America Act (1867), Statute of Westminster (1931), Constitution Act, 1982.
  • Division of Powers: Federal and provincial governments have specific jurisdictions outlined by the Constitution.
  • Amending Formula: Procedure for changing the Constitution, crucial for resolving disputes over its interpretation.

Process of a Bill Becoming Law

  • Bill introduced in House of Commons, reviewed and voted on.
  • It is then sent to the Senate, for further peer review, and voted on.
  • Governor General signs or refuses to sign the bill.

Alternative Dispute Resolution (ADR)

  • Negotiation: Direct communication between parties to reach a solution.
  • Mediation: A neutral third party assists in finding a solution.
  • Arbitration: A neutral third party (arbitrator) makes a binding decision.

Canadian Charter of Rights and Freedoms

  • Charter Rights as Promises: The Charter outlines rights and freedoms Canadians are guaranteed by the state.
  • Enforceability in Court: Charter rights can be enforced in court.
  • Reasonable Limits: Section 1 allows for limitations to rights when necessary for a free and democratic society.

SCC Decisions and Charter Advantages/Disadvantages

  • SCC Majority/Minority Opinions: Decisions contain a majority decision and a minority opinion.
  • Charter Advantages: Protection of individual and group rights, fair court decisions.
  • Charter Disadvantages: Section 33 (override), high legal costs, the perception of judicial overreach.

Section 2: Fundamental Freedoms

  • Conscience and Religion: Freedom to practice or not practice religion
  • Thought, Belief, Opinion, and Expression: Freedom of speech, but not absolute (e.g., hate speech)
  • Peaceful Assembly: Freedom to gather peacefully.
  • Association: Freedom to be part of groups.

Life, Liberty, and Security of the Person (s.7)

  • Protection from Government Actions: Prevents arbitrary interference by the state in citizens’ lives, freedom, and security.
  • Types of protections under s.7
    • Life: Most cases relate to end-of-life issues.
    • Liberty: Right to make important decisions without government interference.
    • Security: Physical and psychological integrity.

Search and Seizure (s.8)

  • Safeguarding Privacy: Balancing the rights to privacy vs interests of the state to gather evidence.
  • Admissibility of Evidence: Courts must consider the reasonableness of investigations.
  • Detention and Rights of the Accused (Sections 9, 10, and 11).
  • Protection from Cruel and Unusual Punishment (Section 12).
  • Protection of Witnesses (Section 13).
  • summary of remaining sections.

Criminal Law Review Unit 3

  • Criminal Law: Distinguishing between legal, illegal, and criminal behavior.
  • Types of Offences: Summary, hybrid, and indictable.
  • Elements of a Crime: Mens Rea (guilty mind) - Intent, Motive, Knowledge, Recklessness, and negligence, Actus Reus (guilty act)
  • Party to an offence Aiding, abetting, accessory. Intent-Strict and absolute liability.
  • Violent Crimes (Homicide, murder, manslaughter, assault, sexual assault, abduction and enticing).
  • Property Crimes (Arson, theft, break and enter, robbery, fraud)

Intro to Civil Law

  • Civil Law (Private Law): Focus on compensation for harmed parties.

  • Initiated by: Individuals/groups who have suffered harm.

  • Purpose: To compensate and resolve disputes.

  • Categories of Civil Law:

    • Torts: Wrongful acts causing harm (negligence, trespass).
    • Contracts: Agreements between parties.
    • Property: Rights and interests in property.
    • Family: Issues like divorce, child custody, and support.
  • Types of Civil Courts: Small Claims Court and Provincial Supreme Court. - Trial Procedures Proving events by balance of probabilities.

  • Damages: General, special, punitive, aggravated (for outrageous behaviour) and nominal.

Tort Law: Negligence

  • Negligence: Failure to act as a reasonable person would in a similar situation, causing harm.
  • Elements of Negligence: Duty of care, breach of duty, causation, and damages.
  • Defenses of Negligence: Contributory negligence, voluntary assumption of risk.
  • Other key points of tort law
    • Occupiers’ liability
    • Motor vehicle negligence
    • Vicarious liability

Torts and Damages

  • Trespass to person and property: (Assault, battery, false imprisonment, trespass to land and nuisance)

Family Law

  • Jurisdiction: Federal (marriage, divorce) and provincial (marriage formalities, property).
  • Requirements for Marriage: Capacity, minimum age, consent, no prior marriages, close relationships.
  • Grounds for Divorce: Irreparable breakdown, separation, adultery, abuse.
  • Types of Access: Sole custody and reasonable or defined access.
  • Key information: Family Court cases and decisions.

Impaired Driving

  • Offence under Section 253(a)&(b): Driving under the influence of drugs or alcohol.
  • Refusal to sample breath test (specific guidelines and implications)

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Test your knowledge on various legal concepts, trial types, and significant events in Canadian legal history. This quiz covers the matching of legal principles with their definitions, historical contributions, and procedures in law-making. Challenge yourself to understand the foundations and evolutions of Canadian law.

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