Civil Law vs. Criminal Law and Legal Concepts Quiz
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Questions and Answers

What is the Preamble to the Charter of Rights and Freedoms?

  • It emphasizes the importance of freedom of speech and expression.
  • It outlines the specific rights and freedoms granted to Canadian citizens.
  • It guarantees the right to bear arms.
  • It states that Canada is founded on principles that recognize the supremacy of God and the rule of law. (correct)

    • What does Section 2(b) of the Charter protect?

  • The right to a fair trial.
  • Freedom of the press. (correct)
  • The right to privacy.
  • The right to own property.

    • What is the role of Section 24 of the Charter?

  • It outlines the limitations of free speech.
  • It determines the conditions under which property can be seized.
  • It sets out the procedure for searching individuals.
  • It addresses how rights are protected if they are violated. (correct)

    • What is defamation?

    <p>A false statement that harms a person's reputation.</p> Signup and view all the answers

    Who can be defamed?

    <p>Individuals and corporations alike.</p> Signup and view all the answers

    What are the three things that the plaintiff must establish to prove defamation?

    <p>That the statement was false, communicated to a third party, and harmed their reputation.</p> Signup and view all the answers

    What is the main difference between civil law and criminal law?

    <p>The burden of proof required</p> Signup and view all the answers

    What does the term 'stare decisis' refer to?

    <p>Following precedent in similar cases</p> Signup and view all the answers

    'Ultra vires' means:

    <p>Beyond one's power or authority</p> Signup and view all the answers

    What is the purpose of the British North America Act?

    <p>Protecting the rights of Canadians</p> Signup and view all the answers

    Who makes the common law?

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

    What is the highest court in Canada and what is its main impact on the legal system?

    <p>Supreme Court of Canada; Interprets the Constitution and sets precedent</p> Signup and view all the answers

    Study Notes

    Preamble to the Charter of Rights and Freedoms

    • Introduces the Charter, affirming Canada’s commitment to the rule of law and the values of freedom and human dignity.
    • Emphasizes the importance of the rights and freedoms it protects for future generations.

    Section 2(b) of the Charter

    • Protects freedom of thought, belief, opinion, and expression, including the freedom of the press and other media of communication.
    • Ensures individuals can express their ideas freely without government interference.

    Role of Section 24 of the Charter

    • Allows individuals to seek legal remedies if their rights under the Charter are violated.
    • Provides authority for courts to grant appropriate relief, including exclusion of evidence or damages.

    Defamation

    • Refers to the act of making false statements about a person that can harm their reputation.
    • Can occur through slander (spoken) or libel (written) forms.

    Who Can Be Defamed

    • Any individual, corporation, or organization can be a victim of defamation.
    • Groups may be defamed if the statement specifically identifies individuals within the group.

    Elements to Prove Defamation

    • The statement must be demonstrated as false.
    • The plaintiff must show that the statement was made with negligence or actual malice.
    • Harm to the plaintiff’s reputation must be established.

    Difference Between Civil Law and Criminal Law

    • Civil law deals with disputes between individuals or organizations, often focusing on compensation or restitution.
    • Criminal law involves prosecution by the government for violations of laws, focusing on punishment and deterrence.

    Stare Decisis

    • A legal principle that obligates courts to follow established precedents in making their rulings.
    • Ensures consistency and predictability in the law.

    Meaning of 'Ultra Vires'

    • Latin term meaning "beyond the powers."
    • Refers to actions taken by an individual or organization that exceed their legal authority.

    Purpose of the British North America Act

    • Established the Dominion of Canada in 1867 and outlined the structure of government.
    • Served as the constitution for Canada until the Constitution Act of 1982.

    Who Makes the Common Law

    • Common law is developed by judges through court decisions and legal precedents over time.
    • Evolves through interpretation and application of statutes and legal principles.

    Highest Court in Canada

    • The Supreme Court of Canada is the highest court.
    • Its rulings establish binding precedents for other courts and significantly influence the legal landscape and interpretation of laws.

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    Description

    Test your knowledge of civil law, criminal law, torts, defamation, privacy, legal remedies, plaintiffs, defendants, accuseds, burden of proof, balance of probabilities, proof beyond a reasonable doubt, the rule of law, and key principles of the legal system.

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