Common Law and Legal Concepts

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Questions and Answers

What is the earliest known codified law?

The Code of Hammurabi

What is the name of the document that outlines the limitations on the rights of the crown?

The Magna Carta

The Magna Carta was the first law in written form in history.

False

What is the main purpose of retribution as a form of punishment?

The main purpose of retribution is to provide a sense of payback or vengeance, fulfilling a sense of justice by imposing punishment on the wrongdoer. Signup and view all the answers

What is the main goal of rehabilitation as a form of punishment?

The main goal of rehabilitation is to reform the offender to become a law-abiding member of society. Signup and view all the answers

What are the two main roles of the judge in a case using an inquisitorial system?

In an inquisitorial system, the judge plays a more active role, both asking questions to the parties and ultimately deciding on guilt and sentencing. Signup and view all the answers

What are the two main roles of the judge in a case using an adversarial system?

In an adversarial system, the judge acts as an impartial referee, ensuring fair play between the two opposing parties. They also ensure that everyone involved is adhering to the procedural rules of the court. Signup and view all the answers

When a law is deemed unconstitutional based on the Oakes Test, what does that mean?

When a law is deemed unconstitutional under the Oakes Test, it means that it violates the Charter of Rights and Freedoms and therefore is not a valid law. Signup and view all the answers

What does the "Notwithstanding Clause" allow governments to do?

The "Notwithstanding Clause" allows governments to explicitly override certain sections of the Canadian Charter of Rights and Freedoms, allowing them to pass laws that might otherwise be deemed unconstitutional. Signup and view all the answers

What is the main legal document that defines criminal offenses in Canada?

The Criminal Code of Canada Signup and view all the answers

What is defined as a quasi-criminal offense?

A quasi-criminal offense is an offense that is serious enough to warrant a substantial penalty, but it is not considered a criminal offense in the traditional sense. It does not involve a criminal record or imprisonment. Signup and view all the answers

Direct evidence is ______ evidence, unlike circumstantial evidence.

explicit Signup and view all the answers

What is the burden of proof in a criminal case?

The burden of proof in a criminal case lies with the Crown, who must prove beyond a reasonable doubt that the accused is guilty. Signup and view all the answers

In a civil case, what is the burden of proof?

In a civil case, the burden of proof is on the plaintiff to prove their case on a balance of probabilities. Signup and view all the answers

In the context of legal systems, what is meant by 'due process'?

Due process is the principle that legal proceedings must be fair, impartial, and follow a specific and consistent process to ensure justice is served and citizens' rights are protected. Signup and view all the answers

What is the legal standard for determining whether an accused is guilty in a criminal case?

In a criminal case, the legal standard for determining guilt is 'beyond a reasonable doubt'. Signup and view all the answers

What is the significance of the 'reasonable doubt' standard in the legal proceedings?

Beyond a reasonable doubt protects individuals from wrongful convictions; it is a fundamental legal principle in criminal justice systems that emphasizes the presumption of innocence. Signup and view all the answers

What does it mean when a judge or jury finds the accused 'not guilty'?

When a judge or jury finds an accused 'not guilty', it means that the prosecution has not met the burden of proof to convince the jury of the accused's guilt beyond a reasonable doubt. Signup and view all the answers

What is the term for the legal concept that deals with the responsibility of employers to provide safe working conditions for their employees?

The legal concept that deals with the responsibility of employers to provide safe working conditions for their employees is known as 'occupational health and safety'. Signup and view all the answers

What is the legal framework for establishing contracts between individuals and businesses?

Contract law is the legal framework that sets out the rules and principles governing contracts between individuals, businesses, and other parties. Signup and view all the answers

The concept of 'negligence' in law typically deals with intentionally causing harm to another person.

False Signup and view all the answers

In law, 'duty of care' requires individuals to act in a way that reasonably prevents any potential harm to others.

True Signup and view all the answers

The 'standard of care' in law dictates that everyone is held to the same level of caution and responsibility in every situation.

False Signup and view all the answers

What is the legal term for when a person is held criminally liable for the actions of someone else?

Vicarious liability Signup and view all the answers

In law, what is the term used to describe when a person is held liable for causing harm through their own negligence, even if they did not intend to cause harm?

Negligence Signup and view all the answers

What is the term for a legal defense that claims the accident was unavoidable due to an extraordinary, uncontrollable event?

Act of God Signup and view all the answers

What is the term for a legal defense that claims the accused was acting in self-defense to protect themselves from harm?

Self-defense Signup and view all the answers

What is the term for a legal defense that claims the accused was acting with the permission of the person involved in the incident?

Consent Signup and view all the answers

What is the term for a legal defense that claims the accused was acting on behalf of a law enforcement officer or another person with legal authority?

Legal authority Signup and view all the answers

What is the term for a legal defense that permits an action that would otherwise be considered a nuisance or unlawful if the action is authorized by law?

Statutory authority Signup and view all the answers

What is the term for a legal defense that argues that the accused was acting in defense of someone else from harm?

Defense of a third party Signup and view all the answers

The adversarial system is typically used in criminal proceedings, while the inquisitorial system tends to govern civil cases.

True Signup and view all the answers

The 'burden of proof' in a criminal case is much lower compared to a civil case, requiring only a balance of probabilities for the prosecution to prove their case.

False Signup and view all the answers

In an inquisitorial system, the judge functions primarily as a neutral referee, while in an adversarial system, the judge has a more active role in gathering evidence and determining guilt.

False Signup and view all the answers

In Canada, courts use the adversarial system for criminal cases and the inquisitorial system for civil cases.

True Signup and view all the answers

Restorative justice aims to achieve what?

The aim of restorative justice is to repair the harm caused by a crime and focus on restoring relationships and building a sense of community. Signup and view all the answers

What type of justice is primarily focused on punishing the offender for the crime?

Retributive justice Signup and view all the answers

What is the main goal of reformative justice?

The primary goal of reformative justice is to rehabilitate the offender and help them become a productive and law-abiding member of society. Signup and view all the answers

What is the main focus of restorative justice?

The main focus of restorative justice is on repairing the harm caused by the crime and restoring relationships between the victim and offender. Signup and view all the answers

What is the term for a reduced sentence or early release from prison that is designed to allow the offender to reintegrate into society?

Parole Signup and view all the answers

What is the term for a sentence that allows the offender to remain in the community while being monitored and supervised?

Probation Signup and view all the answers

What is the term used to describe the likelihood of an offender re-offending after they are released from prison?

Recidivism Signup and view all the answers

Study Notes

Common Law/Case Law

Common law is law made by judicial decisions over time.
It ensures consistency as judges must base rulings on similar cases.
It allows for flexibility as laws change.

Procedural Law

This area of law guides the procedures of law enforcement and courts.
It ensures fairness and due process.

Code of Hammurabi

Babylonian legal text (1755-1750 BCE).
Earliest known codified laws.
Set the standard for codifying laws.

Magna Carta

"Greater Charter" limiting the rights of the English crown.
First constitution, limiting the power of the king.
Established that the King and the Government are not above the law.

Retribution

Punishment based on payback or vengeance.
It embodies a sense of justice, taking satisfaction from the wrongdoer being punished.

Restitution

Compensation for a crime victim.
Introduced democratic values and protected the lower class.

Jurisdiction

The parameters of power in a court system.
Determines which courts have authority.
Ensures different agencies don't overlap in powers.

Adversarial System

The minimal role of the judge is just a referee, and determining guilt/sentencing relies on arguments by the defense/prosecution.
Commonly used in criminal law cases.

Inquisitorial System

The judge plays a major role, asking questions and guiding the case.
Used in civil law cases because the parties are required to prove their case to the judge.

Rehabilitation

Punishment focusing on reforms (treatment, training) of offenders allowing them to become law-abiding members of society.
Aims to reduce recidivism.

Rule of Law

Principle that no one is above the law.
Ensures fairness and equal treatment.
Applies to all citizens regardless of political or social status..

Greek Law

Ancient Greek rules and regulations.
Led to the development of democratic practices like juries.

Reasonable Limits Clause

Determines the constitutionality of laws.
Used to balance individual rights and societal needs.

Human Rights Unit

Cases involve issues of human rights, including abortion issues.
Examples include R v Morgentaler and Sauvé v Canada.

Criminal Code of Canada

Document defining criminal offenses and punishments.
Concise and accessible.

Studying That Suits You

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Description

Explore the fundamentals of common law, procedural law, and historical legal documents like the Code of Hammurabi and the Magna Carta. This quiz covers essential legal theories such as retribution and restitution, as well as the concept of jurisdiction. Test your knowledge on how these elements shape the legal system.

Common Law and Legal Concepts

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Podcast

Questions and Answers

What is the earliest known codified law?

What is the name of the document that outlines the limitations on the rights of the crown?

The Magna Carta was the first law in written form in history.

What is the main purpose of retribution as a form of punishment?

What is the main goal of rehabilitation as a form of punishment?

What are the two main roles of the judge in a case using an inquisitorial system?

What are the two main roles of the judge in a case using an adversarial system?

When a law is deemed unconstitutional based on the Oakes Test, what does that mean?

What does the "Notwithstanding Clause" allow governments to do?

What is the main legal document that defines criminal offenses in Canada?

What is defined as a quasi-criminal offense?

Direct evidence is ______ evidence, unlike circumstantial evidence.

What is the burden of proof in a criminal case?

In a civil case, what is the burden of proof?

In the context of legal systems, what is meant by 'due process'?

What is the legal standard for determining whether an accused is guilty in a criminal case?

What is the significance of the 'reasonable doubt' standard in the legal proceedings?

What does it mean when a judge or jury finds the accused 'not guilty'?

What is the term for the legal concept that deals with the responsibility of employers to provide safe working conditions for their employees?

What is the legal framework for establishing contracts between individuals and businesses?

The concept of 'negligence' in law typically deals with intentionally causing harm to another person.

In law, 'duty of care' requires individuals to act in a way that reasonably prevents any potential harm to others.

The 'standard of care' in law dictates that everyone is held to the same level of caution and responsibility in every situation.

What is the legal term for when a person is held criminally liable for the actions of someone else?

In law, what is the term used to describe when a person is held liable for causing harm through their own negligence, even if they did not intend to cause harm?

What is the term for a legal defense that claims the accident was unavoidable due to an extraordinary, uncontrollable event?

What is the term for a legal defense that claims the accused was acting in self-defense to protect themselves from harm?

What is the term for a legal defense that claims the accused was acting with the permission of the person involved in the incident?

What is the term for a legal defense that claims the accused was acting on behalf of a law enforcement officer or another person with legal authority?

What is the term for a legal defense that permits an action that would otherwise be considered a nuisance or unlawful if the action is authorized by law?

What is the term for a legal defense that argues that the accused was acting in defense of someone else from harm?

The adversarial system is typically used in criminal proceedings, while the inquisitorial system tends to govern civil cases.

The 'burden of proof' in a criminal case is much lower compared to a civil case, requiring only a balance of probabilities for the prosecution to prove their case.

In an inquisitorial system, the judge functions primarily as a neutral referee, while in an adversarial system, the judge has a more active role in gathering evidence and determining guilt.

In Canada, courts use the adversarial system for criminal cases and the inquisitorial system for civil cases.

Restorative justice aims to achieve what?

What type of justice is primarily focused on punishing the offender for the crime?

What is the main goal of reformative justice?

What is the main focus of restorative justice?

What is the term for a reduced sentence or early release from prison that is designed to allow the offender to reintegrate into society?

What is the term for a sentence that allows the offender to remain in the community while being monitored and supervised?

What is the term used to describe the likelihood of an offender re-offending after they are released from prison?

Study Notes

Common Law/Case Law

Procedural Law

Code of Hammurabi

Magna Carta

Retribution

Restitution

Jurisdiction

Adversarial System

Inquisitorial System

Rehabilitation

Rule of Law

Greek Law

Reasonable Limits Clause

Human Rights Unit

Criminal Code of Canada

Studying That Suits You

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