Introduction to Canadian Law Module 3

Questions and Answers

Which party initiates a criminal case?

The State (correct)

The accused individual

A legal representative

A civil plaintiff

What is the primary source of law that governs criminal offences in Canada?

Administrative Law

Common Law

Statute Law (correct)

Civil Law

Which of the following statements accurately describes the nature of criminal cases?

They are governed exclusively by Common Law principles.

They are considered injurious to society as a whole. (correct)

They involve disputes between individuals with no state involvement.

They are initiated by the injured party.

Defences in criminal cases can primarily be found in which form of law?

Common Law Signup and view all the answers

What distinguishes a civil case from a criminal case?

Civil cases typically involve disputes between individuals or parties. Signup and view all the answers

In the context of law, what does procedural law primarily govern?

The process by which laws are implemented Signup and view all the answers

Which statement regarding substantive law is correct?

It defines rights and duties of individuals. Signup and view all the answers

What is the role of the accused in a criminal case?

To respond to the charges brought by the state. Signup and view all the answers

Which of the following best describes the relationship between statute law and criminal law in Canada?

All criminal laws are derived from statute law. Signup and view all the answers

What is one common misconception regarding criminal and civil law?

Criminal cases involve the State but civil cases do not. Signup and view all the answers

Study Notes

Sources of Canadian Law

Statute law fills gaps in common law and equity or serves as a replacement for them.
Created through a process outlined in Canada's Constitution by legislatures at both federal and provincial levels.
Common law is founded on precedents from decisions made in royal courts within the British legal system.
Decisions in common law are based on past litigation, establishing a framework for future cases.

Equity and Administrative Law

Initially, parties sought resolutions for disputes directly from the monarch, evolving into equity, which consists of guiding principles in legal decisions.
Administrative law consists of regulations that implement larger laws, executed by governmental bodies with delegated authority.
Substantive law defines the rights and duties of individuals and society, while procedural law outlines the enforcement of these rights and duties.

Rights and Duties

Rights include freedoms such as speech, mobility within geographical territories, and worship.
Duties encompass obligations like adherence to the law and tax payment.

Categories of Law

Divided into substantive and procedural law, with subcategories including:
- Public Law: Governs the relationship between individuals and the state.
- Private Law: Regulates disputes between private parties.
- Criminal Law: Pertains to actions harmful to society.
- Civil Law: Focuses on individual disputes related to contracts, torts, family, and property.

Criminal vs Civil Cases

Criminal cases involve an individual or party versus the state, where the state initiates action and the accused is charged.
Civil cases arise between individuals or parties, applying predominantly statute law, with some defenses found in common law.
A crime is recognized as an act damaging to public interest, as encoded in the Criminal Code of Canada, a significant federal statute law.

Description

This quiz focuses on the key concepts of Canadian law as introduced in Module 3, including the distinction between statute law and common law. It explores the processes involved in the creation of statute law and its significance in the legal framework of Canada.