Common Law and Legal Concepts

Common law is the body of law created by judges' decisions in cases over time. It emphasizes consistency by ensuring judges rule based on similar cases. Also, it provides flexibility as laws evolve.

The Code of Hammurabi, a Babylonian legal text from 1755-1750 BC, is considered the earliest known codified law system. Its significance lies in establishing consistent legal practices within a jurisdiction.

Retribution signifies punishment based on the concept of payback or vengeance, aiming to achieve a sense of justice by inflicting pain on the wrongdoer.

Jurisdiction defines the boundaries of power or authority within which a legal body can operate. It determines which court or agency is responsible for handling a specific case, ensuring no overlap in powers.

Procedural law outlines the formal processes involved in legal proceedings. It dictates the steps taken in courts and by police to ensure fairness and due process.

Restitution involves providing compensation to the victim of a crime for their losses. It shifts the focus from solely punishing the offender to restoring the victim's wellbeing.

The Magna Carta, often called the 'Greater Charter,' established limitations on the power of the English monarchy. It marked the beginning of constitutionalism and protected the rights of the people against the crown.

Rehabilitation aims to treat and train an offender so they can return to society as a law-abiding citizen. This approach seeks to reduce the chance of reoffending.

The rule of law is a fundamental principle that ensures everyone is equal before the law, regardless of their status or power. It emphasizes legal accountability and transparency for all.

Ancient Greek laws encompassed rules and regulations governing early Greek society. They contributed to the development of democratic practices, including the use of juries.

The Reasonable Limits Clause allows for restrictions on Charter rights if they are justifiable in a free and democratic society. This ensures that rights are not abused, but also protects fundamental freedoms.

R. v. Morgentaler (1988) challenged the law criminalizing abortions in Canada. The decision made abortion a constitutional right, contributing to the broader discussion of reproductive rights.

Sauvé v. Canada (1993) upheld the right of prisoners to vote in federal elections. This affirmed the importance of democratic participation, even for those incarcerated.

The White Paper (1969) proposed abolishing the Indian Act and integrating Indigenous people into mainstream society. However, its failure reflected its lack of recognition of Indigenous self-determination.

R v Keegstra (1990) upheld the constitutionality of hate speech laws. It clarified that freedom of speech cannot be used as a shield for discriminatory or hateful expressions.

Rodriguez v. B.C. (1993) challenged the law prohibiting assisted suicide. While ultimately unsuccessful, it paved the way for the Medical Assistance in Dying (MAID) legislation.

The notwithstanding clause allows Parliament to override certain provisions of the Charter in specific circumstances. Although intended to address provincial needs, its use has generated controversy.

Equality rights are enshrined in s. 15 of the Charter, ensuring everyone is protected from discrimination based on race, religion, sex, or other factors. This promotes fairness and justice in society.

R v Big M Drug Mart (1985) declared the Lord’s Day Act unconstitutional as it infringed on the freedom of religion. This ensured that religious beliefs shouldn't dictate the application of general laws.

R v Vriend (1998) ruled that sexual orientation is a protected ground under human rights legislation. This landmark case helped to establish the legal rights of LGBTQ+ people in Canada.

The Immigration Act, 1976, introduced a point system to assess potential immigrants' abilities to integrate into Canada. It shifted the focus from racial or ethnic backgrounds to merit-based criteria.

CUPE Strike, 2022, highlighted the controversy surrounding the notwithstanding clause. Its use to override labor rights and force educators back to work raised concerns about its misuse and impact on democratic processes.

The Criminal Code of Canada serves as the cornerstone of Canadian criminal law. It defines criminal offenses and the corresponding punishments, promoting public safety and ensuring consistency in legal proceedings.

Circumstantial evidence requires inferences to be drawn from observed facts. It's less conclusive than direct evidence and relies on a chain of reasoning to establish guilt.

The burden of proof rests on the Crown to prove the guilt of the accused beyond a reasonable doubt. This principle guarantees fair trial and protects innocent individuals.

Direct evidence is obtained through direct observation without the need for further interpretations. It typically refers to eyewitness accounts, physical evidence, or recorded statements.

Parole is an early conditional release from prison where an offender agrees to adhere to specific conditions, such as meeting with a parole officer. It aims to promote rehabilitation and reintegration into society.

Probation places an offender under supervision for a specified period after they commit a crime. This supervision may involve specific terms, such as drug testing or counseling, to promote responsible behavior.

Recidivism refers to the likelihood of an offender repeating criminal behavior. This is a key indicator of the effectiveness of a justice system's efforts to rehabilitate and reduce crime rates.

Due process ensures that everyone is treated fairly and receives their due process of law, encompassing the steps in investigations and trials. This prevents miscarriages of justice and protects the rights of both citizens and law enforcement.

Reasonable doubt exists when the evidence presented is either insufficient or ambiguous, making it impossible for a judge or jury to determine with absolute certainty that the accused is guilty. This seeks to prevent wrongful convictions.

Acquittal occurs when the Crown fails to meet the burden of proof, meaning insufficient evidence was provided to the court. The accused is then declared not guilty and faces no further consequences.

Actus reus refers to the guilty act, while mens rea signifies the guilty mind or intent. Both elements must be present for a conviction to occur, demonstrating that the accused committed the crime willingly and knowingly.

Quasi-criminal offenses carry substantial penalties but are not considered true criminal offenses. They do not result in a criminal record or imprisonment, but have serious consequences.

Family law deals with legal matters pertaining to spouses, children, and common law partners. This focuses on resolving private relationships within a family, upholding family rights and protecting vulnerable individuals.

Labour law governs relationships between employees and their employers as well as labour organizations. Its purpose is to ensure fair working conditions, protect employee rights, and promote healthy workplace environments.

Negligence occurs when someone's carelessness or lack of due care leads to unintentional harm. This principle establishes responsibility for predictable consequences arising from our actions.

Liability determines who is responsible for damages in a civil case. It assesses fault and assigns responsibility for financial compensation.

Contract law governs agreements between individuals or companies for the purchase or provision of goods or services. It ensures both parties adhere to the agreed terms, promoting fairness in business dealings.

Commercial law regulates business activities, corporate contracts, and the sale of goods and services. It safeguards consumer rights and promotes fair competition in the marketplace.

Property law governs the ownership and use of physical and intellectual property. It protects the rights of property owners and ensures they receive compensation for any losses.

Estate law addresses how property is distributed after one's death, typically through a will. It ensures the deceased's wishes are respected and their belongings are rightfully allocated to family or friends.

An act of God is a legal defense against negligence claims, arguing that the accident was caused by an extraordinary and unpredictable natural event beyond the control of the defendant.

The duty of care requires individuals to act reasonably to prevent potential harm to others. This promotes a sense of responsibility and encourages citizens to avoid causing injury.

The standard of care refers to the level of caution expected from a reasonable person in a given situation. Special standards may apply for professionals with specific training or expertise.