Exam Review CLU3M1 - Law in Canada
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Questions and Answers

What is the definition of law?

  • A governmental standard that must be followed by society (correct)
  • A recommendation that may or may not be enforced
  • A guideline that can be opted out of
  • A personal choice made by individuals

A rule has legal authority and cannot be opted out of.

False (B)

What is the difference between procedural law and substantive law?

Procedural law outlines the steps to enforce rights and obligations, while substantive law defines the rights and obligations themselves.

The ___ outlines how the country should be governed and the distribution of powers.

<p>Constitutional law</p> Signup and view all the answers

Match the following types of law with their definitions:

<p>Public Law = Controls the relationship between public and government Criminal Law = Prohibits actions that harm society Constitutional Law = Sets governance and power distribution Administrative Law = Regulates actions of government agencies</p> Signup and view all the answers

Which of the following is an example of substantive law?

<p>The Criminal Code of Canada (A)</p> Signup and view all the answers

Procedural law defines the rights and values of each person.

<p>False (B)</p> Signup and view all the answers

What are the two main categories of law discussed?

<p>Public law and private law</p> Signup and view all the answers

What is the primary purpose of public interest remedies in discrimination cases?

<p>Ensure future compliance with the code (D)</p> Signup and view all the answers

The burden of proof in a criminal trial lies with the defense attorney.

<p>False (B)</p> Signup and view all the answers

What do the terms 'actus reus' and 'mens rea' represent in criminal law?

<p>Actus reus refers to the guilty act, while mens rea refers to the guilty mind or intention behind the act.</p> Signup and view all the answers

The _______ is responsible for presenting the burden of proof in a criminal case.

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

Match the following roles to their responsibilities in the criminal trial process:

<p>Crown attorney = Presents evidence and proves guilt Defense attorney = Challenges the Crown's case Jury = Decides on the guilt or innocence of the accused Judge = Questions the law</p> Signup and view all the answers

What is required for a jury to reach a verdict in a criminal trial?

<p>Unanimous decision (C)</p> Signup and view all the answers

Ignorance of the law is considered a valid defense in criminal proceedings.

<p>False (B)</p> Signup and view all the answers

List two components that must be proven beyond a reasonable doubt to establish a crime.

<p>Actus reus and mens rea</p> Signup and view all the answers

What type of individual is considered to have the highest level of duty of care owed to them on a property?

<p>Invitee (B)</p> Signup and view all the answers

A property owner can legally set traps for trespassers on their property.

<p>False (B)</p> Signup and view all the answers

What is vicarious liability?

<p>An innocent person is responsible for the actions of someone else.</p> Signup and view all the answers

Libel is to written defamation as slander is to ______.

<p>verbal defamation</p> Signup and view all the answers

Match the tort defense to its corresponding situation:

<p>Trespass = No legal right to be on the property Self Defence = Using necessary force for protection Truth = Accusations that turn out to be true Necessity = Action taken to ensure safety</p> Signup and view all the answers

Which of the following best describes the duty of care owed to a licensee?

<p>Moderate duty of care, with awareness of potential hazards (A)</p> Signup and view all the answers

The responsibility for ensuring intoxicated guests get home safely falls solely on commercial hosts.

<p>False (B)</p> Signup and view all the answers

What is the legal term for non-consensual physical contact that can lead to a tort claim?

<p>Assault and Battery</p> Signup and view all the answers

Which of the following types of evidence is NOT admissible in court?

<p>Polygraph Evidence (A)</p> Signup and view all the answers

Infanticide occurs when a mother kills her child who is more than 12 months old.

<p>False (B)</p> Signup and view all the answers

What is the mandatory sentence for first-degree murder?

<p>life imprisonment</p> Signup and view all the answers

____ homicide occurs when a person cannot be held legally responsible due to lack of intention.

<p>Non-Culpable</p> Signup and view all the answers

Match the type of homicide with its definition:

<p>Murder 1D = Planned and deliberate killing Murder 2D = Any type of murder not first-degree Manslaughter = Unintentional killing during a lawful act Infanticide = Killing of a newborn by its biological mother</p> Signup and view all the answers

Which of the following is an example of non-culpable homicide?

<p>A person defends themselves against an attacker and kills them (D)</p> Signup and view all the answers

Similar Fact Evidence involves past actions that are unrelated to the current case.

<p>False (B)</p> Signup and view all the answers

What type of evidence can be used in public places without a warrant?

<p>Video Surveillance</p> Signup and view all the answers

What is the minimum age to marry without parental consent in the provinces of Ontario, Quebec, PEI, Alberta, Manitoba, and Saskatchewan?

<p>18 (B)</p> Signup and view all the answers

A spouse can legally marry their step-sibling.

<p>False (B)</p> Signup and view all the answers

What must a person obtain before getting married?

<p>Marriage License</p> Signup and view all the answers

The minimum age to marry with parental consent in Ontario is ___ years.

<p>16</p> Signup and view all the answers

Match the following aspects of marriage with their descriptions:

<p>Freedom of Consent = Must not be under duress or mistaken Termination of Prior Marriage = Must be legally divorced before remarrying Marriage License = Authorization to marry Bans of Marriage = Public declaration of intention to marry</p> Signup and view all the answers

Flashcards

What is Law?

A governmental standard that everyone must follow, enforced by legal authorities.

What is a Rule?

A guide or standard without legal authority, that you can choose to follow or not.

Procedural Law

Outlines the steps involved in legal action, like how to enforce rights and obligations.

Substantive Law

Defines rights and obligations of individuals, and outlines values.

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Public Law

Governs the interaction between the public and the government.

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Criminal Law

Deals with crimes against society and their punishments.

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Constitutional Law

Sets out how the country is governed and distributes power.

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Administrative Law

Regulates the actions of government agencies involved in social activities.

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Monetary Remedy

Financial compensation awarded to a victim of discrimination, covering losses like lost wages, increased rent, and benefits.

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Non-Monetary Remedy

Actions taken by the Human Rights Tribunal, other than financial, that aim to correct wrongdoing. This could involve reinstating a job, correcting discriminatory behavior, etc.

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Public Interest Remedy

Remedies aimed at preventing future discrimination, even if they don't directly benefit the specific complainant.

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Adversarial System

The legal system in Canada where opposing parties present their cases in court.

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Crown

The party initiating the lawsuit, representing the government in a criminal case.

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Defendant/Accused

The accused individual in a criminal trial. They are assumed innocent until proven guilty.

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Burden of Proof

The legal obligation to prove a claim beyond a reasonable doubt, typically held by the Crown in criminal trials.

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Jury

A group of 12 individuals who decide the guilt or innocence of the defendant in a criminal trial.

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Recklessness

A legal doctrine where the accused, knowing that their actions could lead to harm, takes an unreasonable risk, similar to someone choosing to drive without glasses knowing it could lead to an accident.

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Criminal Negligence

A legal concept where the accused shows a complete disregard for the safety of others, like leaving a loaded gun accessible to a child.

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Direct Evidence

Evidence presented directly from a witness, based on their personal experience and knowledge of the case.

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Indirect Evidence (Circumstantial Evidence)

Evidence that supports a conclusion based on inferences or assumptions drawn by the judge or jury. It often relies on indirect observation or deduction.

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Character Evidence

Evidence related to a person's character or past behavior. It can be introduced by the defense, which can then open the door for the prosecution to introduce negative evidence.

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What is Evidence?

Evidence that shows something is true or false.

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Inculpatory Evidence

Evidence that helps prove the accused person committed the crime.

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Exculpatory Evidence

Evidence that helps prove the accused person is innocent.

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Similar Fact Evidence

Evidence that shows the accused committed a similar act in the past.

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Material Evidence

A piece of evidence that is physical, like a gun or a document.

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Opinion Evidence

An opinion given by a qualified professional, like a doctor.

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What is Homicide?

The killing of a person.

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What is Culpable Homicide?

The killing of a person for which the accused can be held legally responsible.

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Occupiers Liability

A legal responsibility owed to individuals on your property, varying based on their status.

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Licensee

Someone visiting your property for a social event (e.g., a friend for dinner).

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Invitee

Someone on your property for a non-social reason, like a delivery person or mail carrier.

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Trespasser

Someone who has no right to be on your property, but still deserves basic human decency.

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Commercial Host

A person who serves alcohol for profit, like a bar owner.

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Social Host

A person who serves alcohol at a private gathering without intending to profit from it.

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Vicarious Liability

Holding an innocent party responsible for the actions of another (e.g., parents liable for their child's actions).

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Professional Liability

When a professional is held to a higher standard of care due to their specialized knowledge and skills.

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Sexual Capacity in Marriage

The ability of a couple to physically engage in sexual activity without any limitations due to mental or physical disabilities. This excludes situations like injuries or psychological conditions.

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Freedom of Consent in Marriage

This principle ensures that both individuals entering marriage give their consent freely, without any coercion or misunderstanding. For instance, if someone is forced into marriage or accidentally marries the wrong twin.

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Minimum Age for Marriage

Each province in Canada sets a minimum age for marriage. In most provinces, it is 18 years old without parental consent and 16 with parental consent. Some provinces, like Newfoundland and Labrador and Nova Scotia, have a higher minimum age of 19 without parental consent.

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Prohibited Relationships in Marriage

Marriage is prohibited between individuals who are closely related by blood. This includes relationships like step-siblings, parents, grandparents, sons, and grandsons for women, and step-siblings, mothers, grandmothers, daughters, and granddaughters for men.

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Termination of Prior Marriage

Before remarrying, individuals must ensure they have legally dissolved any previous marriage. This means obtaining a divorce or annulment to end the previous marriage formally.

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Study Notes

Exam Review CLU3M1 - January 2025

  • Exam Breakdown:
    • Knowledge (30 marks): 30 multiple choice questions
    • Thinking (30 marks): 15 matching, 15 true/false questions
    • Communication (30 marks): 6 short answer questions
    • Application (30 marks): 15 multiple choice case studies, 15 multiple choice cartoons
    • Total marks: 120

Topics to Study: Law in Canada

  • What is Law?

    • A governmental standard for all of society
    • A rule of conduct or action, formally recognized and enforced by a governing authority
    • Cannot be opted out of

  • Types of Law:

    • Procedural Law: Outlines the steps for legal action. How to follow legal process
    • Substantive Law: Defines the rights and obligations of individuals. Encompasses statutes and case law, forming the essence of legal rights and values
    • Public Law: Controls the relationship between the public and government.
      • Criminal Law: Outlines offenses against society and their punishments.
      • Constitutional Law: Specifies government structure and power distribution, including rights and freedoms (e.g., Charter of Rights and Freedoms).

  • Sources of Canadian Law:

    • Constitutional Law: Highest form of law, overriding all other legislation
    • Statute Law: Laws passed by elected representatives in government
    • Common/Case Law: Legal principles derived from court decisions and precedents
    • Historical legal systems have significantly influenced Canada's legal framework

  • Rights and Freedoms:

    • Historical development of human rights (e.g., Magna Carta, English Bill of Rights, Enlightenment thinkers)
    • Canadian Charter of Rights and Freedoms (CCRF): Guarantees fundamental rights and freedoms to all Canadians, limiting government power.
    • Importance of understanding the balance between individual rights and societal order.
    • Section 1 of the Charter: Allows for reasonable limits to rights to maintain safety and order

  • Additional Legal Topics in Focus:

    • Criminal procedure, including the adversarial system, burdens of proof, roles of participants, elements of crimes
    • Different types of evidence admissible, including character, similar fact, and privileged communications.
    • Homicide - culpable vs non-culpable. Different degrees of culpable homicide (first-degree murder vs manslaughter, infanticide)
    • Tort law: Civil vs. Criminal law distinctions, including damages, defenses, considerations of the nature of a tort action.
    • Family law: requirements for marriage, minimum age and parental consent, divorce, grounds for divorce and separation, sole or joint custody considerations, distribution of property.

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CLU3M1 Exam Review January 2025 PDF

Description

Prepare for your January 2025 exam with this comprehensive review of CLU3M1. Focus on the essential aspects of Canadian law, including procedural, substantive, and public law, along with multiple choice, true/false, and short answer questions. Test your knowledge and ensure you're ready for the exam's various segments.

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