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Questions and Answers

Which characteristic best describes Aboriginal Law?

  • Emphasis on punitive justice
  • Restoration of community (correct)
  • Judicial precedents
  • Inquisitorial method

French law relies on judicial precedents set by judges.

False (B)

What is the primary method used in Canadian Criminal Trials?

Adversarial method

The legal system that is based on the principle of ____ is British Common Law.

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

Match the areas of Public Law with their descriptions:

<p>Criminal Law = Violations of the criminal code Constitutional Law = Issues involving rights and government power limitations Administrative Law = Regulations involving government agencies</p> Signup and view all the answers

Which area falls under Substantive Law?

<p>Criminal Law (D)</p> Signup and view all the answers

Common Law is not utilized in the current legal system.

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

Define the term 'inquisitorial method' in the context of French Law.

<p>A legal process where the judge plays an active role in investigating the case.</p> Signup and view all the answers

What is a perceived advantage of retribution?

<p>Justice for the victims and their families (D)</p> Signup and view all the answers

Reformation aims to achieve justice for the victims of crime.

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

What is one potential disadvantage of restorative justice?

<p>Offenders and victims must agree</p> Signup and view all the answers

The approach that focuses on reintegrating offenders into society is called _________.

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

Match the concepts to their pros:

<p>Retribution = Justice for victims Reformation = Increased success of parole Restorative Justice = Lower recidivism with behavioral changes Punishment = Punishment for the sake of punishment</p> Signup and view all the answers

Which of the following is a con of reformation?

<p>Seen as too lenient (D)</p> Signup and view all the answers

One of the goals of restorative justice is for offenders to take more responsibility for their actions.

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

What is an example of a situation that would be analyzed through the concept of the Rule of Law?

<p>Ryan protesting and obstructing the highway</p> Signup and view all the answers

Which area of law governs the distribution of a person's property after death?

<p>Estate Law (D)</p> Signup and view all the answers

The 'Act of God' defense can be used to claim that an accident was caused by an extraordinary, unexpected natural event.

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

What is the main principle behind the 'Duty of Care' concept in Canadian law?

<p>All Canadians are expected to act with reasonable care to avoid harming others.</p> Signup and view all the answers

___ law aims to protect the rights of consumers and the general public.

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

Match the following legal areas with their descriptions:

<p>Contract Law = Governs agreements between people and companies for goods or services Property Law = Covers physical and intellectual property ownership and rights Estate Law = Handles distribution of property after death Commercial Law = Regulates businesses, contracts, and transactions of goods and services</p> Signup and view all the answers

The 'standard of care' in negligence cases refers to the highest level of caution expected in any situation.

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

Which of these is NOT a characteristic of private matters handled under Contract Law?

<p>Open to public scrutiny (D)</p> Signup and view all the answers

Describe the purpose of the 'duty of care' principle in relation to the prevention of harm.

<p>The 'duty of care' encourages individuals and organizations to act responsibly, considering potential risks and taking steps to avoid causing harm to others.</p> Signup and view all the answers

What is the primary purpose of the Magna Carta?

<p>To limit the power of the monarchy (A)</p> Signup and view all the answers

Common Law is created solely by legislative acts.

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

What does retribution in law refer to?

<p>Punishment based on a sense of payback or vengeance</p> Signup and view all the answers

The __________ Law governs the processes of law that take place in courts and police.

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

Which legal foundation established consistency in the legal process?

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

Jurisdiction determines the parameters within which power or authority may be exercised.

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

Match the legal concepts to their definitions:

<p>Common Law = Law developed through judicial decisions Code of Hammurabi = The earliest known codified laws Restitution = Compensation for the victim of a crime Procedural Law = Rules governing legal processes in courts</p> Signup and view all the answers

What role does a judge play in the adversarial system?

<p>Minimal role as a referee</p> Signup and view all the answers

What did the Supreme Court of Canada rule in Rodriguez v. B.C. regarding assisted suicide?

<p>It violated section 7(a) of the Charter, the right to life. (C)</p> Signup and view all the answers

The Notwithstanding Clause permits parliaments to override certain areas of the Charter.

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

What legal case recognized that individuals cannot use freedom of speech as a shield for hate speech?

<p>R v Keegstra</p> Signup and view all the answers

The Immigration Act of 1976 introduced a point system to measure potential immigrants' ability to establish themselves in Canada based on their ______.

<p>unique values</p> Signup and view all the answers

Match the following cases with their key outcomes:

<p>R v Keegstra = Hate speech is not protected by freedom of speech Rodriguez v B.C. = Right to assisted suicide was debated R v Vriend = Discrimination in employment was addressed R v Big M Drug Mart = Sunday closing laws were challenged</p> Signup and view all the answers

What special status is not recognized according to the failure of the White Paper?

<p>Special status of First Nations, Metis, and Inuit peoples (C)</p> Signup and view all the answers

The Lord’s Day Act was struck down by the Supreme Court due to its discriminatory nature.

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

In which case was it established that Canadians could not use freedom of speech to protect hate speech?

<p>R v Keegstra</p> Signup and view all the answers

What is the main purpose of the Rule of Law?

<p>To ensure that everyone is treated fairly by the criminal justice system (D)</p> Signup and view all the answers

The Inquisitorial System is characterized by a passive role of the judge.

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

What is the significance of the Rule of Law?

<p>It ensures that no one is above the law and that everyone is treated equally.</p> Signup and view all the answers

The purpose of ______________ is to apply treatments and training to offenders to help them reintegrate into society.

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

Match the following cases with their significance:

<p>R v Morgentaler = Legalization of abortion in Canada Sauvé v Canada = Voting rights for imprisoned individuals The White Paper = Aimed to reverse the Indian Act</p> Signup and view all the answers

What was The White Paper aimed at?

<p>Reversing the Indian Act (C)</p> Signup and view all the answers

Greek Law significantly influenced modern democratic practices.

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

What is the Oakes Test used for?

<p>To determine the constitutionality of laws based on reasonable limits.</p> Signup and view all the answers

Flashcards

Common Law

Laws created by judges through court decisions over time, ensuring consistency by relying on precedents.

Code of Hammurabi

A Babylonian legal text composed between 1755-1750 BC, considered the earliest codified laws. It established consistency in legal procedures and served as a model for future legal codes.

Retribution

Punishment based on the principle of payback or vengeance, where the wrongdoer suffers a consequence similar to the crime committed.

Restitution

Compensation given to the victim of a crime, aiming to restore the victim's losses.

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Jurisdiction

The power or authority of a court or other legal body to hear and decide cases.

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Procedural Law

The area of law that governs the processes and procedures used in legal systems, including courts and police.

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Adversarial System

A legal system where two opposing sides present their cases to a judge or jury, who then decides the outcome.

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Magna Carta

A document signed by King John of England in 1215, limiting the power of the Crown and outlining the rights of citizens. It marked a significant step towards constitutional government.

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Rule of Law

The principle that everyone, regardless of their status, is subject to the same laws and legal processes.

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Inquisitorial System

A system of law where the judge plays a more active role in questioning parties and seeking evidence.

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Rehabilitation

The idea that the purpose of punishment is to rehabilitate offenders so they can return to society as law-abiding members.

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Reasonable Limits Clause

A legal clause used to determine if a law violates the rights and freedoms protected by the Constitution.

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Oakes Test

A test used to determine if a law limiting a Charter right is justified.

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R v Morgentaler

A landmark Supreme Court case that established a woman's right to abortion in Canada.

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Sauvé v Canada

A landmark case that recognized former gang members' right to vote, even if they had committed serious crimes.

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Notwithstanding Clause

A provision in the Canadian Charter of Rights and Freedoms that allows Parliament to override certain Charter rights when enacting laws.

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Equality Rights

This guarantees Canadians equal protection and benefit of the law without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.

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Reasonable Limits

This allows Parliament to place reasonable limits on certain rights if those rights could be misused or abused.

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R v Keegstra

This court case established the principle that freedom of speech does not protect hate speech.

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Rodriguez v. B.C.

This Supreme Court case involved a woman with ALS seeking assisted suicide. The court ruled that while the right to life is protected, this does not always include the right to death.

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Immigration Act, 1976

This act, introduced in 1976, established a point system for potential immigrants to Canada based on their ability to establish themselves in the country.

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R v Big M Drug Mart

This Supreme Court case ruled against a store's violation of Lord's Day Act, paving the way for legislation that prohibits discrimination based on religion or belief.

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R v Vriend

This Supreme Court case established that sexual orientation is a prohibited ground for discrimination under the Charter.

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Restorative Justice

A punishment philosophy aiming to restore justice and fairness to the victim by making the offender responsible for their actions, without seeking vengeance.

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Reformation

A punishment philosophy focused on reducing recidivism and helping offenders become productive members of society through rehabilitation programs.

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Deterrence

The idea that punishment should be used to deter future wrongdoing, preventing individuals from engaging in criminal activity.

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Recidivism

The tendency for a convicted criminal to re-offend after being released from prison.

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Contract Law

Legal agreements between people or companies to purchase or provide goods and services.

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Property Law

Laws that govern the ownership, use, and transfer of physical and intellectual property.

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Estate Law

Laws that govern how property is distributed after someone dies, such as through a will.

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Act of God

Ensures that people are not held criminally responsible for events that were beyond their control and impossible to foresee.

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Standard of Care

The level of caution and care that a reasonable person is expected to take in their actions to avoid harming others.

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Duty of Care

The legal obligation that everyone has to act responsibly to avoid causing harm to others.

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Privacy Law

Ensures that private matters are handled confidentially and without undue interference.

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Commercial Law

Laws that protect the rights of consumers and the general public, ensuring fair business practices and the availability of safe products and services.

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French Civil Law

A legal system where laws are formally written down and enforced through a process where the judge actively investigates the case.

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British Common Law

A legal system based on precedents set by judges' decisions. It features an adversarial method where lawyers present opposing cases to a judge who acts as a referee.

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Criminal Law

A legal system focused on addressing violations of the Criminal Code and other laws, protecting citizens from harm and enforcing societal rules.

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Constitutional Law

A legal area dealing with the fundamental principles and rights guaranteed by the Constitution, outlining limitations on government power.

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Administrative Law

A legal area focused on the actions and regulations of government agencies, ensuring accountability and fairness in how the government functions.

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Study Notes

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