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

    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</p> Signup and view all the answers

    Procedural law defines the rights and values of each person.

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

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

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

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

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

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

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

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

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

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

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

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

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

    A spouse can legally marry their step-sibling.

    <p>False</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

    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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    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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