Exam Review: CLU3M1 - Unit 1: What is Law?

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Questions and Answers

What does the principle of 'minimal impairment' primarily assess in the context of a law?

Whether the law achieves all possible goals.

Whether the law limits rights and freedoms as little as possible. (correct)

Whether the law has any impact on rights and freedoms.

Whether the law limits rights and freedoms as much as necessary.

What distinguishes specific intent from general intent in criminal law?

General intent focuses on the prohibited act alone, while specific intent requires the intention to cause a specific outcome. (correct)

Specific intent involves a more casual approach to committing an act, while general intent requires planning.

General intent applies only to crimes against property, and specific intent applies only to crimes against persons.

Specific intent is when the outcome is not intended and general intent means that you do intend a specific result.

Which of the following best describes the 'proportionality' principle?

The law should have a minimal impact on all citizens.

The law must have a positive impact on society.

The law must apply to the majority of citizens equally.

The benefits of the law should outweigh its restrictions on rights or freedoms. (correct)

Which of the following criminal elements can exist independently of the others?

Motive Signup and view all the answers

A law that restricts a fundamental freedom to a large degree might be considered problematic under which of the following principles?

Minimal impairment and proportionality. Signup and view all the answers

Which of the following describes planning a criminal act?

Conspiracy Signup and view all the answers

An individual is caught trying to break into a building but fails to complete the break-in. What element of crime would mostly apply to them?

Attempt Signup and view all the answers

If a law achieves its purpose but restricts rights and freedoms significantly more than required, it would violate which principle?

The principle of minimal impairment. Signup and view all the answers

What is the primary purpose of the Criminal Code?

To specify the various crimes, their definitions, and the procedures for dealing with them. Signup and view all the answers

A law that slightly limits a freedom, but has no significant benefit might be considered an issue under which principle?

The principle of proportionality. Signup and view all the answers

According to the information provided, what does the white background represent in the context of the wampum beads?

Peace, friendship, and respect Signup and view all the answers

In the context of the wampum beads, what do two purple rows likely signify?

Two paths or vessels traveling down the same river Signup and view all the answers

What does the term 'Highway of Tears' refer to, according to the provided information?

A highway located in Northern British Columbia. Signup and view all the answers

If the wampum beads are used symbolically, what could the contrast between purple and white potentially represent?

The duality of paths versus harmony and peace between parties Signup and view all the answers

Considering the meaning of the two purple rows, which situation would this ideal most apply to?

Two separate families living peacefully on a street Signup and view all the answers

Which of the following best classifies actions that result in a manslaughter charge?

Direct or indirect causation of death through an unlawful act. Signup and view all the answers

If a person is initially charged with murder but is convicted of manslaughter, what is a likely reason for the reduced severity of the charge?

The accused was able to successfully argue provocation or intoxication. Signup and view all the answers

What distinguishes murder from manslaughter, according to this document?

Murder is an intentional killing while manslaughter involves an unlawful act resulting in death. Signup and view all the answers

Which specific action is categorized under infanticide?

Killing of a baby. Signup and view all the answers

What is the key distinction that classifies an assault as 'aggravated'?

The potential for life-threatening injuries inflicted upon the victim. Signup and view all the answers

What is a necessary element for a charge of manslaughter, as distinguished from murder?

Direct or indirect act causing death by means of unlawful act Signup and view all the answers

A person has been charged with aggravated assault. During the assault, they did not mean to cause the serious injury. What does this mean for the charge?

The charges would remain as long as there was no consent from the victim, and there were life-threatening injuries caused. Signup and view all the answers

What do the purple stripes in the described design symbolize?

Two distinct paths or groups. Signup and view all the answers

Which of the following actions would most likely be classified as aggravated assault?

Intentionally causing harm to someone during a heated argument, with a weapon, that results in a significant injury. Signup and view all the answers

What does the white background in the described design primarily represent?

Peach unity and mutual respect. Signup and view all the answers

What is the maximum penalty associated with aggravated assault, according to the content provided?

A sentence of 14 years. Signup and view all the answers

What must be present for an assault, of any kind, (including aggravated), to be considered illegal?

The intent to harm paired with no consent from the victim. Signup and view all the answers

In the context of law, what is the meaning of 'mens rea'?

The guilty mind or intention behind a crime. Signup and view all the answers

If the white background represents unity, and the purple stripes represent two paths, what could this design be used to symbolize?

A bridge between different groups. Signup and view all the answers

Which of these elements represents a relationship between the two groups?

The white background. Signup and view all the answers

Study Notes

Exam Review: CLU3M1 (Revised)

The exam will include multiple choice, short answer, and long answer questions.

Unit 1: What is Law?

Provincial Jurisdiction: Powers held by provincial governments (education, healthcare, social welfare, highways). Laws affect only people within that province.
Federal Jurisdiction: Powers held by the federal government (immigration, property laws, postal services, domestic transportation, Canadian railway systems). Laws affect everyone in the country.
Rules vs. Laws: Laws are created and enforced by government and the judicial system. Rules are guidelines for behavior within specific organizations or activities.
Public Law: Deals with safety and general public matters. Includes criminal law (e.g., murder, assault), constitutional law, and administrative law.
Private Law: Deals with personal or organizational matters. Includes family law, contract law, tort law, and property law.
Types of Private Law
- Family law: concerns divorce, the rights and obligations of family members, and related matters
- Contract law: deals with agreements between parties and their enforcement by a court of law
- Tort law: compensates individuals harmed by actions of others
- Property law: sets out rights and obligation concerning land, objects, and ownership.
- Labour law: governs relationships concerning employees, employers, and unions.

Unit 1: Canadian Court System

Court Structure: Provincial Courts (smaller offenses), Federal Courts (more serious offenses), Provincial/Territorial Superior Courts, Federal Courts of Appeal, and the Supreme Court of Canada (highest court). This is for appeals.
Case Progression: Cases move through courts based on seriousness and offense. Some require jury trials.

Unit 1: Development of Canadian Law

Rule of Law: Nobody is above the law. Laws are based on society's values, and decisions must be unbiased.
Common Law: Judges are guided by past decisions and precedents for similar instances.
Magna Carta: A document with principles regarding the law.
Feudal System: Societal hierarchy, with individuals having rights and obligations based upon their social standing.

Unit 2: Rights and Freedoms

Rights vs. Freedoms: Rights are legal entitlements, while freedoms are limitations on government intervention, allowing individuals to act without government interference.
Charter of Rights and Freedoms: Federal rights and freedoms are guaranteed and protected.
Canadian Bill of Rights: A foundational document concerning rights.
Voting Rights: Eligibility criteria for voting in Canadian elections.
Equality Rights: Ensures rights and freedom for all individuals within Canadian society.

Unit 3: Criminal Law

Criminal Law: Deals with actions against society, and punishment by the Crown, with possible monetary compensation to the victim
Civil Law: Deals with private disputes between individuals, aiming to resolve conflicts and compensate victims.
Criminal Code: Establishes norms and laws that are consistent with societal values.
Oakes Test: Examines the criteria for reasonable restrictions and limits on rights and freedoms.
Actus Reus: The physical act of committing a crime is critical.
Mens Rea: The required mental state for a crime (intent, knowledge, recklessness).

Additional Notes

Specific crimes, offenses, and punishments: Criminal courts and codes outline specific kinds of offenses and prescribe the appropriate penalties.
Court Cases, and Case precedents: These are an important aspect of the Canadian legal system.
Indigenous perspectives on law: Certain indigenous values, practices, and perspectives influence the legal landscape of Canada.

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Description

Prepare for your upcoming CLU3M1 exam with this review focused on Unit 1: What is Law? This quiz covers key topics such as provincial and federal jurisdiction, the distinction between rules and laws, and the types of public and private law. Test your knowledge to excel in your understanding of legal concepts in Canada.