Podcast
Questions and Answers
In the context of the legal system, what is the primary distinction between a 'rule' and a 'law'?
In the context of the legal system, what is the primary distinction between a 'rule' and a 'law'?
What is the primary focus of 'Criminal Law'?
What is the primary focus of 'Criminal Law'?
Which of the following scenarios best exemplifies the concept of 'acceptable risk' in contact sports?
Which of the following scenarios best exemplifies the concept of 'acceptable risk' in contact sports?
In the context of the Canadian Charter of Rights and Freedoms, what is the significance of Section 7?
In the context of the Canadian Charter of Rights and Freedoms, what is the significance of Section 7?
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Which of the following scenarios would likely be addressed under 'Private Law' (Civil Law)?
Which of the following scenarios would likely be addressed under 'Private Law' (Civil Law)?
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What is the primary distinction between the 'burden of proof' in criminal law and civil law?
What is the primary distinction between the 'burden of proof' in criminal law and civil law?
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The Supreme Court case 'R v. Oakes' established that:
The Supreme Court case 'R v. Oakes' established that:
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What is the main focus of the Supreme Court case 'R v. Jordan' regarding the right to a timely trial?
What is the main focus of the Supreme Court case 'R v. Jordan' regarding the right to a timely trial?
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What is the primary role of a precedent case in common law?
What is the primary role of a precedent case in common law?
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Which legal principle requires a person to be brought before a court to determine if their detention is lawful?
Which legal principle requires a person to be brought before a court to determine if their detention is lawful?
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What represents the concept of fairness in the legal system, ensuring individuals receive what they are due?
What represents the concept of fairness in the legal system, ensuring individuals receive what they are due?
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In criminal cases in Canada, who represents the government?
In criminal cases in Canada, who represents the government?
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What is the term for a proposed law that is introduced for debate and approval by a legislative body?
What is the term for a proposed law that is introduced for debate and approval by a legislative body?
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Which action allows a president or monarch to reject a proposed law?
Which action allows a president or monarch to reject a proposed law?
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What type of law involves unwritten norms and practices developed within a community?
What type of law involves unwritten norms and practices developed within a community?
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What are written and formalized laws passed by a legislative body called?
What are written and formalized laws passed by a legislative body called?
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What term describes the level of risk that is considered tolerable in specific situations?
What term describes the level of risk that is considered tolerable in specific situations?
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What is a component of the Canadian Constitution that guarantees basic rights and freedoms to all Canadians?
What is a component of the Canadian Constitution that guarantees basic rights and freedoms to all Canadians?
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What principle states that everyone, is subject to the law?
What principle states that everyone, is subject to the law?
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What key legal concept did the R v. Oakes (1986) case help define?
What key legal concept did the R v. Oakes (1986) case help define?
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According to the Oakes Test, what must the government demonstrate in regards to any law that could limit a Charter right?
According to the Oakes Test, what must the government demonstrate in regards to any law that could limit a Charter right?
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What issue was at the heart of the R v. Jordan (2016) case?
What issue was at the heart of the R v. Jordan (2016) case?
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What did the R v. Oakes decision find regarding the reverse onus clause in the Narcotic Control Act?
What did the R v. Oakes decision find regarding the reverse onus clause in the Narcotic Control Act?
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In which scenario would a citizen encounter criminal law as a defendant?
In which scenario would a citizen encounter criminal law as a defendant?
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Which of the following is not a core principle of the rule of law?
Which of the following is not a core principle of the rule of law?
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What is the primary difference between Constitutional Law and Administrative Law?
What is the primary difference between Constitutional Law and Administrative Law?
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Which of these examples relates to Family Law?
Which of these examples relates to Family Law?
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What is the burden of proof in a Civil Law case?
What is the burden of proof in a Civil Law case?
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Which of these cases best exemplifies Tort Law?
Which of these cases best exemplifies Tort Law?
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In which area of law would the Canadian Charter of Rights and Freedoms be most relevant?
In which area of law would the Canadian Charter of Rights and Freedoms be most relevant?
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What is the primary purpose of Administrative Law?
What is the primary purpose of Administrative Law?
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Which of these scenarios demonstrates the principle of Supremacy of Law?
Which of these scenarios demonstrates the principle of Supremacy of Law?
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Which statement best describes the concept of Equality Before the Law?
Which statement best describes the concept of Equality Before the Law?
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What is the primary difference between the burden of proof in Criminal Law and Civil Law?
What is the primary difference between the burden of proof in Criminal Law and Civil Law?
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Which of these is not an example of a case related to Contract Law?
Which of these is not an example of a case related to Contract Law?
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Which historical document is most closely associated with the development of the Rule of Law?
Which historical document is most closely associated with the development of the Rule of Law?
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What type of law governs the relationship between employers, employees, and unions?
What type of law governs the relationship between employers, employees, and unions?
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Which of these scenarios represents a direct interaction with Criminal Law?
Which of these scenarios represents a direct interaction with Criminal Law?
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What is the primary focus of Property Law?
What is the primary focus of Property Law?
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In R v. Jordan, what time limits were established for cases in provincial court?
In R v. Jordan, what time limits were established for cases in provincial court?
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According to the Supreme Court in R v. Godbout, when can police seize packages without a warrant?
According to the Supreme Court in R v. Godbout, when can police seize packages without a warrant?
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R v. Patrick addressed what specific element of privacy?
R v. Patrick addressed what specific element of privacy?
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In R v. Keegstra, what type of expression was found to be not protected by the Charter?
In R v. Keegstra, what type of expression was found to be not protected by the Charter?
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What test did R v. Oakes establish to justify limits on Charter rights?
What test did R v. Oakes establish to justify limits on Charter rights?
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What does 'expectation of privacy' generally refer to?
What does 'expectation of privacy' generally refer to?
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What is the core principle of 'reverse onus' in legal proceedings?
What is the core principle of 'reverse onus' in legal proceedings?
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Which of the following best defines anti-Semitism?
Which of the following best defines anti-Semitism?
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What is the term for prejudice against Muslims or people perceived to be Muslim?
What is the term for prejudice against Muslims or people perceived to be Muslim?
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Extremism is best defined as:
Extremism is best defined as:
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What was the main legal issue considered in R v. Patrick regarding a persons garbage?
What was the main legal issue considered in R v. Patrick regarding a persons garbage?
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What did the court rule in R v. Keegstra regarding the extent of freedom of expression?
What did the court rule in R v. Keegstra regarding the extent of freedom of expression?
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Which case established time limits for trials to prevent unreasonable delays?
Which case established time limits for trials to prevent unreasonable delays?
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What did R v. Godbout primarily focus on regarding police actions?
What did R v. Godbout primarily focus on regarding police actions?
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Which of the cases directly addressed the privacy expectation related to garbage placed in a public space?
Which of the cases directly addressed the privacy expectation related to garbage placed in a public space?
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Which of the following best describes the core principle of right-wing political ideology?
Which of the following best describes the core principle of right-wing political ideology?
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What is the primary aim of the justice system?
What is the primary aim of the justice system?
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What is the key characteristic that distinguishes discrimination from other forms of social bias?
What is the key characteristic that distinguishes discrimination from other forms of social bias?
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A company only promotes employees of a particular ethnic background, while ignoring employees of other ethnicities with the same qualifications. What is this an example of?
A company only promotes employees of a particular ethnic background, while ignoring employees of other ethnicities with the same qualifications. What is this an example of?
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In a criminal case citation, what does 'R' typically represent?
In a criminal case citation, what does 'R' typically represent?
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Which of the following is the most accurate example of a stereotype?
Which of the following is the most accurate example of a stereotype?
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What distinguishes a civil law citation from a criminal law citation?
What distinguishes a civil law citation from a criminal law citation?
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Which scenario best illustrates workplace sexual harassment?
Which scenario best illustrates workplace sexual harassment?
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What is the primary function of the 'Oakes Test'?
What is the primary function of the 'Oakes Test'?
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According to the proportionality test within the Oakes test, what should a law that limits a Charter right do?
According to the proportionality test within the Oakes test, what should a law that limits a Charter right do?
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What does 'actus reus' refer to in criminal law?
What does 'actus reus' refer to in criminal law?
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Which of the following best defines 'mens rea' in the context of criminal law?
Which of the following best defines 'mens rea' in the context of criminal law?
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What does restorative justice primarily focus on?
What does restorative justice primarily focus on?
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Which of the following is a core value of restorative justice?
Which of the following is a core value of restorative justice?
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If a person commits an act while sleepwalking, what legal defence might they use?
If a person commits an act while sleepwalking, what legal defence might they use?
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What is the legal concept that applies when someone deliberately avoids knowing about illegal activity?
What is the legal concept that applies when someone deliberately avoids knowing about illegal activity?
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What is the role of legal professionals in the justice system?
What is the role of legal professionals in the justice system?
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A driver disregards a red light and speeds through an intersection, causing an accident. What does this exemplify?
A driver disregards a red light and speeds through an intersection, causing an accident. What does this exemplify?
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What is the purpose of the Crown Attorney in criminal cases?
What is the purpose of the Crown Attorney in criminal cases?
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In the context of restorative justice, what does 'reparation' involve?
In the context of restorative justice, what does 'reparation' involve?
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A store owner doesn't clean a spilled liquid on the floor. A customer slips, falls, and gets injured. What does this qualify as?
A store owner doesn't clean a spilled liquid on the floor. A customer slips, falls, and gets injured. What does this qualify as?
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Which best describes 'homicide'?
Which best describes 'homicide'?
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What concept is being evaluated in the 'Pressing and Substantial Objective' portion of the Oakes Test?
What concept is being evaluated in the 'Pressing and Substantial Objective' portion of the Oakes Test?
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What is the result of a law failing the 'Oakes Test'?
What is the result of a law failing the 'Oakes Test'?
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What is the defining factor that distinguishes 1st degree from 2nd degree murder?
What is the defining factor that distinguishes 1st degree from 2nd degree murder?
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In the citation 'R v. Smith', who is 'Smith'?
In the citation 'R v. Smith', who is 'Smith'?
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Which situation most accurately reflects manslaughter?
Which situation most accurately reflects manslaughter?
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A person threatens to punch another person, raising their fist in a menacing way but does not hit the person. What is this an example of?
A person threatens to punch another person, raising their fist in a menacing way but does not hit the person. What is this an example of?
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Which of the following is a civil law case?
Which of the following is a civil law case?
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What is the main difference in focus between restorative justice and traditional criminal justice?
What is the main difference in focus between restorative justice and traditional criminal justice?
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Which of the following best exemplifies aggravated sexual assault?
Which of the following best exemplifies aggravated sexual assault?
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Which scenario most accurately describes 'Aggravated Assault'?
Which scenario most accurately describes 'Aggravated Assault'?
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What is the core distinction between Simple Assault and Aggravated Assault?
What is the core distinction between Simple Assault and Aggravated Assault?
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If an individual is found NCR, it means:
If an individual is found NCR, it means:
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Which of the following situations best describes criminal harassment?
Which of the following situations best describes criminal harassment?
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What is the primary focus of a police perimeter at a crime scene?
What is the primary focus of a police perimeter at a crime scene?
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What does the 'Chain of Custody' refer to in a legal context?
What does the 'Chain of Custody' refer to in a legal context?
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What is the difference between 'Class characteristics' and 'Individual characteristics' in evidence?
What is the difference between 'Class characteristics' and 'Individual characteristics' in evidence?
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According to Section 7 of the Charter, which of the following is NOT a right guaranteed to every individual?
According to Section 7 of the Charter, which of the following is NOT a right guaranteed to every individual?
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Which of these is an example of Individual Characteristic evidence?
Which of these is an example of Individual Characteristic evidence?
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What is the primary purpose of Section 8 of the Canadian Charter of Rights and Freedoms?
What is the primary purpose of Section 8 of the Canadian Charter of Rights and Freedoms?
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What is the purpose of 'Genetic Genealogy' in criminal investigations?
What is the purpose of 'Genetic Genealogy' in criminal investigations?
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Which section of the Charter protects individuals against being detained or imprisoned without a legitimate reason?
Which section of the Charter protects individuals against being detained or imprisoned without a legitimate reason?
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If someone is arrested, which of the following rights is NOT explicitly guaranteed under Section 10 of the Charter?
If someone is arrested, which of the following rights is NOT explicitly guaranteed under Section 10 of the Charter?
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Why was Steven Truscott exonerated?
Why was Steven Truscott exonerated?
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What is the primary characteristic of a 'Cold Case'?
What is the primary characteristic of a 'Cold Case'?
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Which of the following describes the principle of 'presumption of innocence' as outlined in Charter Section 11(d)?
Which of the following describes the principle of 'presumption of innocence' as outlined in Charter Section 11(d)?
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Under what circumstances might a court exclude evidence in a trial, according to Section 24(2) of the Charter?
Under what circumstances might a court exclude evidence in a trial, according to Section 24(2) of the Charter?
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Which definition most accurately describes 'Deterrence' in the context of criminal justice?
Which definition most accurately describes 'Deterrence' in the context of criminal justice?
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What does recidivism primarily refer to?
What does recidivism primarily refer to?
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Which of the following is the best definition of 'substantive justice'?
Which of the following is the best definition of 'substantive justice'?
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What was the key background of the Tim Bosma case?
What was the key background of the Tim Bosma case?
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What is the definition of 'procedural justice'?
What is the definition of 'procedural justice'?
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Which component of the justice system is primarily responsible for enforcing laws and investigating crimes?
Which component of the justice system is primarily responsible for enforcing laws and investigating crimes?
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Which part of the justice system handles the management of convicted individuals and their rehabilitation?
Which part of the justice system handles the management of convicted individuals and their rehabilitation?
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Within the legal context, what best describes 'justice'?
Within the legal context, what best describes 'justice'?
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A person is arrested, but the police do not inform them of the reason for the arrest. Which section of the Charter is most directly violated?
A person is arrested, but the police do not inform them of the reason for the arrest. Which section of the Charter is most directly violated?
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If police search a home without a warrant and without reasonable grounds, which section of the Charter is most directly violated?
If police search a home without a warrant and without reasonable grounds, which section of the Charter is most directly violated?
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Which section of the Charter specifically relates to 'security of the person'?
Which section of the Charter specifically relates to 'security of the person'?
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According to the provided content, if a person is not allowed to see a lawyer when detained by police, which Charter section is most directly violated?
According to the provided content, if a person is not allowed to see a lawyer when detained by police, which Charter section is most directly violated?
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Which of the following best describes the core debate surrounding immigration laws?
Which of the following best describes the core debate surrounding immigration laws?
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What is a key concern regarding government surveillance programs?
What is a key concern regarding government surveillance programs?
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What was a significant outcome of the R v. David Milgaard case?
What was a significant outcome of the R v. David Milgaard case?
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What technological advancement played a key role in exonerating Guy Paul Morin?
What technological advancement played a key role in exonerating Guy Paul Morin?
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How do employment laws directly affect an individual?
How do employment laws directly affect an individual?
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Which of the following is an example of how laws affect health and the environment?
Which of the following is an example of how laws affect health and the environment?
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How do family laws impact individuals?
How do family laws impact individuals?
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What is the main purpose of consumer protection laws?
What is the main purpose of consumer protection laws?
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What is a key difference between a rule and a law?
What is a key difference between a rule and a law?
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Which example best illustrates a rule?
Which example best illustrates a rule?
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In contact sports, what does 'acceptable risk' generally involve?
In contact sports, what does 'acceptable risk' generally involve?
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In the legal sense, what is 'acceptable risk'?
In the legal sense, what is 'acceptable risk'?
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What did the David Milgaard case highlight regarding the criminal justice system?
What did the David Milgaard case highlight regarding the criminal justice system?
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Which of the following is a way that laws shape our daily lives mentioned in the text?
Which of the following is a way that laws shape our daily lives mentioned in the text?
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What type of laws guarantee fundamental rights, such as freedom of speech, privacy, and the right to a fair trial?
What type of laws guarantee fundamental rights, such as freedom of speech, privacy, and the right to a fair trial?
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What is the correct definition of 'consent' in sports participation?
What is the correct definition of 'consent' in sports participation?
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Which of the following is NOT a criterion for acceptable risk in sports?
Which of the following is NOT a criterion for acceptable risk in sports?
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What was the legal issue in the case of R v Bertuzzi?
What was the legal issue in the case of R v Bertuzzi?
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In the context of the law, what does 'criminal law' primarily deal with?
In the context of the law, what does 'criminal law' primarily deal with?
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What distinguishes 'administrative law' from other types of law?
What distinguishes 'administrative law' from other types of law?
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Which of the following best captures the outcome of R v McSorley?
Which of the following best captures the outcome of R v McSorley?
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What is one element that disqualifies consent in sports?
What is one element that disqualifies consent in sports?
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In terms of safety measures, what should be implemented in contact sports?
In terms of safety measures, what should be implemented in contact sports?
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What role does the Criminal Code of Canada play?
What role does the Criminal Code of Canada play?
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Which of the following behaviors is likely to fall under criminal law?
Which of the following behaviors is likely to fall under criminal law?
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What does the term 'reckless actions' refer to in sports?
What does the term 'reckless actions' refer to in sports?
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What can lead to criminal liability in contact sports?
What can lead to criminal liability in contact sports?
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What is a key characteristic of 1st-degree murder?
What is a key characteristic of 1st-degree murder?
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Section 2 of the Charter protects which of the following freedoms?
Section 2 of the Charter protects which of the following freedoms?
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What does Section 9 of the Charter entail?
What does Section 9 of the Charter entail?
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In R v. Keegstra, the Supreme Court ruled that hate speech could be restricted under which section of the Charter?
In R v. Keegstra, the Supreme Court ruled that hate speech could be restricted under which section of the Charter?
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What is the significance of the reasonable limits test defined in R v. Oakes?
What is the significance of the reasonable limits test defined in R v. Oakes?
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What does Section 11(d) of the Charter guarantee?
What does Section 11(d) of the Charter guarantee?
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Which case involved the concept of sleepwalking as a defense in a murder trial?
Which case involved the concept of sleepwalking as a defense in a murder trial?
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Which section of the Charter protects against unreasonable searches?
Which section of the Charter protects against unreasonable searches?
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What is the effect of Section 24(2) of the Charter on illegally obtained evidence?
What is the effect of Section 24(2) of the Charter on illegally obtained evidence?
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Which of the following best describes negligence in criminal law?
Which of the following best describes negligence in criminal law?
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Which freedom does Section 2(a) of the Charter protect?
Which freedom does Section 2(a) of the Charter protect?
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Why is the Canadian Charter of Rights and Freedoms crucial for citizens?
Why is the Canadian Charter of Rights and Freedoms crucial for citizens?
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What type of homicide involves an unintentional killing?
What type of homicide involves an unintentional killing?
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What is the primary purpose of Section 1 of the Charter?
What is the primary purpose of Section 1 of the Charter?
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What is a key component of restorative justice concerning the way it treats individuals?
What is a key component of restorative justice concerning the way it treats individuals?
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Which of the following best describes how restorative justice empowers victims?
Which of the following best describes how restorative justice empowers victims?
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A reduction in what is a key benefit of restorative justice for offenders?
A reduction in what is a key benefit of restorative justice for offenders?
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How does restorative justice contribute to community well-being?
How does restorative justice contribute to community well-being?
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What aspect of restorative justice contributes to potential cost-effectiveness?
What aspect of restorative justice contributes to potential cost-effectiveness?
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Why might restorative justice be considered 'not suitable' for all crimes?
Why might restorative justice be considered 'not suitable' for all crimes?
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What potential effect could there be on victims if they participate in restorative justice when they are not ready?
What potential effect could there be on victims if they participate in restorative justice when they are not ready?
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Why can the outcomes of restorative justice be considered inconsistent?
Why can the outcomes of restorative justice be considered inconsistent?
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Which situation might present a higher risk of re-traumatization for a victim in restorative justice?
Which situation might present a higher risk of re-traumatization for a victim in restorative justice?
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What can hinder a community's ability to implement restorative justice programs effectively?
What can hinder a community's ability to implement restorative justice programs effectively?
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What is the primary focus of restorative justice?
What is the primary focus of restorative justice?
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In a civil court case, who is the party that initiates the lawsuit?
In a civil court case, who is the party that initiates the lawsuit?
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What principle underlies retribution as a form of punishment?
What principle underlies retribution as a form of punishment?
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What does restitution primarily involve in the context of criminal justice?
What does restitution primarily involve in the context of criminal justice?
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How does restitution differ from retribution and restorative justice?
How does restitution differ from retribution and restorative justice?
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In the case of R v Parks (1992), what was the primary legal defense that led to the acquittal of the accused?
In the case of R v Parks (1992), what was the primary legal defense that led to the acquittal of the accused?
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What key factor differentiated R v Minassian from other cases involving claims of mental illness?
What key factor differentiated R v Minassian from other cases involving claims of mental illness?
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In the Zameer Case, despite the history of domestic abuse, what was the primary reason the court found Zameer guilty of second-degree murder?
In the Zameer Case, despite the history of domestic abuse, what was the primary reason the court found Zameer guilty of second-degree murder?
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What was the central legal issue in R v Morris (2007) pertaining to the defendant's responsibility?
What was the central legal issue in R v Morris (2007) pertaining to the defendant's responsibility?
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Which of the following statements best describes the Tim Bosma case?
Which of the following statements best describes the Tim Bosma case?
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According to the provided content, why is capital punishment considered a controversial issue in law?
According to the provided content, why is capital punishment considered a controversial issue in law?
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Why are abortion laws a frequent source of legal and ethical debate?
Why are abortion laws a frequent source of legal and ethical debate?
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What is the central debate surrounding gun control laws, as described in the provided material?
What is the central debate surrounding gun control laws, as described in the provided material?
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What is one of the main reasons for the debate surrounding drug legalization?
What is one of the main reasons for the debate surrounding drug legalization?
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Which case explored the issue of battered spouse syndrome in relation to self-defense?
Which case explored the issue of battered spouse syndrome in relation to self-defense?
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What key principle was reinforced in the R v Morris (2007) case regarding impaired driving?
What key principle was reinforced in the R v Morris (2007) case regarding impaired driving?
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What was a key piece of evidence that linked the accused to the crime in the Tim Bosma case?
What was a key piece of evidence that linked the accused to the crime in the Tim Bosma case?
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Which of the following cases did NOT involve a death that resulted in a murder charge?
Which of the following cases did NOT involve a death that resulted in a murder charge?
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In the context of legal issues and crimes, what was the primary motivational factor behind the R v Minassian case?
In the context of legal issues and crimes, what was the primary motivational factor behind the R v Minassian case?
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What is the main reason many legal issues are controversial?
What is the main reason many legal issues are controversial?
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Study Notes
Unit One: Intro to and History of Law
- Controversial Legal Issues: Examples include abortion, euthanasia, and gun control, often debated due to balancing individual freedoms with societal well-being.
- High-Profile Cases: R v. Bertuzzi (hockey assault) and R v. McSorley (illegal hit in hockey) are notable examples.
- Laws in Daily Life: Laws regulate various aspects like traffic, consumer protection, and criminal activities.
Unit One: Rules vs. Laws
- Rule: A guideline or restriction in a specific context (e.g., sports).
- Law: A formal rule by government or legal authority (e.g., law against theft).
- Acceptable Risk (Sports): The inherent risk accepted by players in contact sports (like injury during play).
Unit One: Cases to Explain
- R v Bertuzzi: A hockey player's assault case.
- R v McSorley: An illegal hockey hit case.
Unit One: Concepts of Justice
- Justice: Fairness and equality in legal proceedings.
- Justice System: The legal structure ensuring fair laws and trials.
Unit One: Divisions of Law
- Public Law Types: Constitutional, administrative, and criminal.
- Criminal Law: Deals with crimes and punishments (e.g., theft, murder, assault).
- Criminal Code: Outlines criminal offenses and punishments.
- Criminal Code Role: Defines a crime and consequences.
- Private Law (Civil Law): Deals with disputes between individuals.
Unit One: Important Concepts
- Burden of Proof (Criminal Law): Prosecution must demonstrate guilt "beyond a reasonable doubt."
- Burden of Proof (Civil Law): Plaintiff must prove their case "on the balance of probabilities."
Unit Two: Rights and Freedoms
- Key Charter Sections: Section 7 (life, liberty, security), and Section 2 (fundamental freedoms) are crucial.
- Key Cases: R v. Oakes (Charter limitations), R v. Jordan (timely trials), R v. Godbout (police searches).
- Key Terms: Expectation of privacy, anti-Semitism, Islamophobia, extremism (related to hate speech and freedom of expression).
Unit Three: Criminal Law & Tort Law
- Actus Reus: The physical act of committing a crime.
- Mens Rea: The mental intention behind a crime.
- Negligence: Failure to take reasonable care to avoid harm.
- Homicide: Unlawful killing (various degrees, including 1st-degree murder, 2nd-degree murder, manslaughter).
Unit Three: Cases
- Tim Bosma: Murder case in a carjacking.
- R v Parks: Sleepwalking defense and automatism in a murder case.
Unit Three: Canadian Charter of Rights and Freedoms
- Section 1: Reasonable restrictions on rights in a free and democratic society.
Unit Three: Key Sections of Canadian Charter of Rights and Freedoms
- Section 2: Fundamental freedoms (think, belief, opinion, expression; peaceful assembly; association, conscience, and religion).
- Section 7: Right to life, liberty, security of person (except within fundamental justice parameters).
- Section 8: Protection against unreasonable searches and seizures.
- Section 9: Protection against arbitrary detention or imprisonment.
- Section 10: Rights upon arrest or detention (information, legal counsel, prompt hearing).
- Section 11(d): Presumption of innocence in criminal cases.
- Section 24(2): Exclusion of evidence obtained through Charter violations (if admission harms the justice system).
Unit Three: Key Cases about the Charter
- R v. Oakes (1986): Defines the reasonable limits test for Charter rights.
- R v. Jordan (2016): Establishes time limits for trials (18/30 months).
- R v. Godbout (1997): Clarifies search and seizure procedures.
- R v Keegstra (1990): Rules hate speech is not protected under free expression.
Unit Three: R v Oakes (1986)
- Government's Justification: The government must prove a pressing and substantial reason for limiting rights.
- Proportionality Test: The limits should be proportional, minimally infringing, and outweighing benefits over harm.
Unit Three: Restorative Justice
- Focus: Repairing harm through inclusive processes involving victims, offenders, and community.
- Principles: Accountability, healing, reparation, inclusion, community focus, respect and dignity.
- Benefits: Reduced recidivism, emotional healing for victims, rebuilding trust, cost-effectiveness.
- Detriments: Not suitable for all crimes, potential pressure on victims, inconsistent outcomes, risk of re-traumatization, lack of resources.
Unit Three: Justice System
- Justice System Components: Law enforcement, courts, corrections, legal professionals.
- Purpose: Uphold laws, ensure justice, protect individual rights, maintain social order.
Unit Three: Specific Legal Terms
- Plaintiff: Person commencing a civil lawsuit.
- Retribution: Punishment proportional to the crime.
- Restitution: Compensation by the offender.
Unit Three: Legal Concepts
- Precedent Case/Common Law: Legal principle from prior case that guides future rulings.
- Habeas Corpus: Legal right for imprisoned individuals to be brought before a court to determine detention legality.
- Justice, Morals, and Values: Guiding principles in law and society.
Unit Three: Legal Officials/Processes
- Crown Attorney: Government prosecutor in criminal cases.
- Bill: Proposed law presented for legislative consideration.
- Veto: Authority to reject a legislative bill.
- Customary Law: Legal norms based on tradition and custom.
- Statutes: Written laws passed by a legislature.
Unit Three: Case Summaries (R v specific case)
- R v Bertuzzi (2004): Assault case that distinguished between acceptable and unacceptable contact in sports.
- R v McSorley (2000): Assault case highlighting intentional violence exceeding acceptable sporting conduct.
- Tim Bosma: Murder case with an online transaction aspect and detailed investigation.
- R v Parks (1992): Sleepwalking defense in a murder case.
- R v Minassian (2020): Mass killing case focusing on mental illness, incel ideology, and intent.
- Zameer Case: Murder and domestic violence case that explored self-defense and battering syndrome.
- R v Morris (2007): Impaired driving case emphasizing accountability for the consequences of actions.
Unit Three: Criminal Law Details
- Key Elements of Crimes: Actus reus (physical act), mens rea (mental intent), automatism (involuntary action), wilful blindness (conscious ignorance), recklessness (conscious disregard for risk).
- Types of Homicide: First-degree murder (premeditated), second-degree murder (intentional but not planned), manslaughter (unintentional). Further distinctions between assault levels (simple, causing bodily harm, aggravated)
- Specific Criminal Law Contexts: Criminal harassment, stalking, intimate image violations, hate crimes, crime scene perimeter/center, chain of custody.
Unit Three: Evidence and Legal Procedures
- Evidence Types: Class characteristics (general features), individual characteristics (unique features), DNA evidence, genetic genealogy, Chain of Custody.
- Significant Wrongful Convictions: Cases of David Milgaard, Guy Paul Morin, and Steven Truscott (highlighting systemic issues).
Unit Three: Public Law Types and Their Focus
- Constitutional Law: Governance structure, individual rights, separation of powers (federal/provincial).
- Criminal Law: Societal harm, violations of public order, and punishments.
- Administrative Law: Government agencies, regulations, rights in interactions with agencies.
Unit Three: Key Legal Concepts
- Burden of proof: Prosecution must prove guilt "beyond a reasonable doubt" in criminal cases. Civil cases utilize the "balance of probabilities" standard.
- Differences between Rules and Laws: Rules apply within a specific context and have generally less severe consequences than laws.
- Key Legal Concepts: acceptable risk in law, expectation of privacy, reverse onus, anti-Semitism, Islamophobia, extremism, discrimination, stereotyping.
Unit Three: Controversial Legal Issues
- Capital Punishment (Death Penalty): Debate about human rights, wrongful convictions, deterrence, and societal justice.
- Abortion Laws: Conflict between women's reproductive rights and fetal personhood.
- Gun Control: Debates regarding self-defense rights, gun violence prevention, and public safety.
- Drug Legalization: Treatment of drug use as a criminal vs. public health issue.
- Rights of Refugees/Immigrants: Balancing national interest with humanitarian concerns.
- Privacy vs. National Security: Balancing surveillance with individuals’ rights and freedoms.
Additional Notes (general information)
- R in a Case Citation: Represents "Regina" (Queen) or "Rex" (King), standing for the Crown/government in criminal cases.
- Civil vs. Criminal Law Citations: Structures vary depending on the parties involved and the nature of the case. Criminal involves the Crown/government; Civil private parties.
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Test your knowledge of key distinctions in the legal system, such as the differences between rules and laws. This quiz covers essential topics including Criminal Law, the Canadian Charter of Rights and Freedoms, and important Supreme Court cases in Canada.