Podcast
Questions and Answers
Match the legal concepts with their descriptions:
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:
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:
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:
Match the purpose of action with the corresponding legal trial type:
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Match the divisions of law with a brief description:
Match the divisions of law with a brief description:
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Match the historical figures or laws with their key contributions to the legal system:
Match the historical figures or laws with their key contributions to the legal system:
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Match the historical legal practices with their descriptions:
Match the historical legal practices with their descriptions:
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Match the types of law with their defining characteristics:
Match the types of law with their defining characteristics:
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Match the events with their significance in Canadian legal history:
Match the events with their significance in Canadian legal history:
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Match the legal concepts with their primary focus:
Match the legal concepts with their primary focus:
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Match these steps with how a bill becomes law in Canada:
Match these steps with how a bill becomes law in Canada:
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Match historical events to their legal consequences or influences:
Match historical events to their legal consequences or influences:
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Match these methods of resolving disputes with their descriptions:
Match these methods of resolving disputes with their descriptions:
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Match the Canadian legal concepts with their descriptions:
Match the Canadian legal concepts with their descriptions:
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Match the following Canadian Charter sections with their primary focus:
Match the following Canadian Charter sections with their primary focus:
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Match the following legal terms with their legal classification:
Match the following legal terms with their legal classification:
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Match the following freedoms with their description:
Match the following freedoms with their description:
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Match the legal concepts with their corresponding meaning under the Charter of Rights:
Match the legal concepts with their corresponding meaning under the Charter of Rights:
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Match the following rights of an accused with their description:
Match the following rights of an accused with their description:
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Match the following rights with their description or limitation:
Match the following rights with their description or limitation:
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Match the court terms with their meaning:
Match the court terms with their meaning:
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Match the situations with the likely charter section to be triggered:
Match the situations with the likely charter section to be triggered:
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Match the concepts to their definition
Match the concepts to their definition
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Match the rights with the limitations/exceptions associated with them:
Match the rights with the limitations/exceptions associated with them:
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Match the elements to their descriptions
Match the elements to their descriptions
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Match the implications of some Charter rights:
Match the implications of some Charter rights:
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Match these items to the descriptions given:
Match these items to the descriptions given:
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Match the following terms with their connection to legal cases:
Match the following terms with their connection to legal cases:
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Match the grounds for divorce with their descriptions:
Match the grounds for divorce with their descriptions:
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Match the types of custody/access with their functions:
Match the types of custody/access with their functions:
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Match the cases with their key legal issue:
Match the cases with their key legal issue:
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Match the facts to the corresponding case outcome:
Match the facts to the corresponding case outcome:
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Match the type of access to its description:
Match the type of access to its description:
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Match the facts of the case with the relevant details:
Match the facts of the case with the relevant details:
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Match the type of abuse with its legal perspective:
Match the type of abuse with its legal perspective:
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Match the legal principle with its relevance:
Match the legal principle with its relevance:
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Match the trial outcomes to their associated case facts:
Match the trial outcomes to their associated case facts:
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Match the custody type with its legal implications:
Match the custody type with its legal implications:
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Match the child rights with their legal guardianship aspects:
Match the child rights with their legal guardianship aspects:
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Match the following civil trial terms with their definitions:
Match the following civil trial terms with their definitions:
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Match the following types of damages with their descriptions:
Match the following types of damages with their descriptions:
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Match the following concepts of tort law with their explanations:
Match the following concepts of tort law with their explanations:
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Match the following types of negligence with their definitions:
Match the following types of negligence with their definitions:
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Match the following legal concepts with their examples:
Match the following legal concepts with their examples:
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Match the following essentials of marriage with their requirements:
Match the following essentials of marriage with their requirements:
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Match the following court entities with their functions:
Match the following court entities with their functions:
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Match the following damage types with their characteristics:
Match the following damage types with their characteristics:
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Match the following marriage laws with their governing bodies:
Match the following marriage laws with their governing bodies:
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Match the following tort elements with their explanations:
Match the following tort elements with their explanations:
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Match the following tort terms with their suitable descriptions:
Match the following tort terms with their suitable descriptions:
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Match the following types of torts with their definitions:
Match the following types of torts with their definitions:
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Match the following defenses of negligence with their implications:
Match the following defenses of negligence with their implications:
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Match the following trial procedures with their characteristics:
Match the following trial procedures with their characteristics:
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Match the following criminal offences with their corresponding maximum prison sentences:
Match the following criminal offences with their corresponding maximum prison sentences:
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Match the following elements of a crime with their respective definitions:
Match the following elements of a crime with their respective definitions:
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Match the following criminal offences with their descriptions:
Match the following criminal offences with their descriptions:
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Match the following types of murder with their characteristics:
Match the following types of murder with their characteristics:
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Match the following defences to manslaughter with their definitions:
Match the following defences to manslaughter with their definitions:
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Match the following levels of sexual assault with their maximum prison sentences:
Match the following levels of sexual assault with their maximum prison sentences:
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Match the following forms of participation in a crime with their descriptions:
Match the following forms of participation in a crime with their descriptions:
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Match the following property crimes with their definitions:
Match the following property crimes with their definitions:
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Match the following types of property crimes with their maximum prison sentences (where applicable):
Match the following types of property crimes with their maximum prison sentences (where applicable):
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Match the following crimes with their definitions:
Match the following crimes with their definitions:
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Match the following legal concepts with their definitions:
Match the following legal concepts with their definitions:
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Match the following criminal offences with the corresponding civil torts they might be associated with:
Match the following criminal offences with the corresponding civil torts they might be associated with:
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Match the following terms with their definitions as related to the legal system:
Match the following terms with their definitions as related to the legal system:
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Match the following types of criminal liability with their respective definitions:
Match the following types of criminal liability with their respective definitions:
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Match the following terms with their definitions in the context of Canadian criminal law:
Match the following terms with their definitions in the context of Canadian criminal law:
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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
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Statute Law: Formed through legislative processes (parliament). These laws are reviewed in court to ensure fairness and just application.
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Case Law (Common Law): Made by judges based on precedent and past court decisions, written and recorded.
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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.
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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.
Remaining Legal Rights (s. 9-13)
- 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
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Civil Law (Private Law): Focus on compensation for harmed parties.
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Initiated by: Individuals/groups who have suffered harm.
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Purpose: To compensate and resolve disputes.
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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.
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Types of Civil Courts: Small Claims Court and Provincial Supreme Court. - Trial Procedures Proving events by balance of probabilities.
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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)
Studying That Suits You
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Description
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.