Introduction to Law and Legal Systems
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Questions and Answers

Which type of law primarily governs disputes arising from a breach of a legally binding agreement?

  • Contract Law (correct)
  • Tort Law
  • Property Law
  • Criminal Law

A legal precedent is best described as:

  • A legal decision used as an authoritative example in similar future cases. (correct)
  • A law that outlines the rights and obligations of citizens.
  • The steps involved in protecting our rights.
  • A set of laws regulating the relationship between employers and employees.

Which of the following best exemplifies a matter of administrative law?

  • A divorce proceeding involving child custody.
  • A challenge to a decision made by a government agency about zoning. (correct)
  • A dispute over a property sale between two individuals.
  • A case of negligence against a medical professional

In Canada, how many judges serve on the Supreme Court?

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

Which category of law is concerned with a doctor's negligence?

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

Which type of law provides legal safeguards to ensure that fair procedures are followed in the criminal justice system?

<p>Procedural Law (C)</p> Signup and view all the answers

Which category of law outlines the structure and powers of the federal and provincial governments?

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

Hammurabi's Code is historically significant because it was:

<p>An early form of written laws. (D)</p> Signup and view all the answers

Which legal document is considered one of the earliest attempts at codifying laws in Roman history?

<p>Law of the Twelve Tables (A)</p> Signup and view all the answers

What key principle is associated with the Magna Carta, influencing the development of legal systems?

<p>Rule of law (B)</p> Signup and view all the answers

Which of the following is a core idea introduced in the Napoleonic Code?

<p>Separation of church from state (C)</p> Signup and view all the answers

What is the primary purpose of the legal concept of Habeas Corpus?

<p>To ensure that a person is brought before a court to determine if detention is legal (A)</p> Signup and view all the answers

What is 'Patriation' in the context of law?

<p>The process of bringing legislation under the legal authority of a country (C)</p> Signup and view all the answers

What does the term 'entrenched' mean in legal terminology?

<p>Laws that are difficult to amend or change and are firmly established (B)</p> Signup and view all the answers

What does Section 15 of the Canadian Charter of Rights and Freedoms primarily address?

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

What does the Oakes Test, established in the R.v. Oakes case, address in Canadian law?

<p>The interpretation and application of Section 1, the reasonable limits clause, of the Charter (C)</p> Signup and view all the answers

What is the primary focus of substantive law?

<p>Outlining rights and obligations in society (D)</p> Signup and view all the answers

Which of the following scenarios demonstrates a lack of capacity to enter into a contract?

<p>A 20-year-old who is intoxicated signs a contract. (A)</p> Signup and view all the answers

Which of the following is considered a part of procedural law?

<p>The formal legal processes police must follow to obtain a legal search warrant (C)</p> Signup and view all the answers

According to Canadian contract law, how are individuals with developmental disabilities generally treated concerning their capacity to enter a contract?

<p>They are treated similarly to minors in terms of contractual capacity. (D)</p> Signup and view all the answers

What is the main distinction between public and private law?

<p>Public law focuses on relationships between governments and citizens, while private law focuses on relationships between individuals. (C)</p> Signup and view all the answers

Which of the following is an example of public law?

<p>Constitutional law (D)</p> Signup and view all the answers

What is a key requirement for a valid legal marriage in Canada?

<p>Each party possesses the mental capacity to understand the nature of marriage. (A)</p> Signup and view all the answers

Which of the following is an example of private law?

<p>Tort law (C)</p> Signup and view all the answers

In Ontario, under what condition can a person who is 17 years old legally marry?

<p>They require the written consent of a parent or legal guardian. (D)</p> Signup and view all the answers

Which of the following relationships would be prohibited for marriage in Canada due to consanguinity?

<p>A marriage between a grandmother and her grandson. (B)</p> Signup and view all the answers

Which significant principle from the Code of Hammurabi survives in modern legal systems?

<p>The concept of restitution and retributive justice (D)</p> Signup and view all the answers

What best describes an 'intentional tort'?

<p>A deliberate action that causes harm to another. (C)</p> Signup and view all the answers

How did Mosaic Law influence the development of modern legal thinking?

<p>By differentiating between deliberate actions and accidents, considering intent (D)</p> Signup and view all the answers

Which is an example of 'trespass to land'?

<p>A person entering their neighbors property without permission. (B)</p> Signup and view all the answers

What differentiates an 'assault' from 'battery' as intentional torts?

<p>Assault includes the threat of harm; battery involves physical contact. (A)</p> Signup and view all the answers

What was a key outcome of the American Congress in 1776?

<p>The issuing of the Declaration of Independence. (A)</p> Signup and view all the answers

Which document, passed by the National Assembly, addressed the rights of citizens during the French Revolution?

<p>The Declaration of the Rights of Man and the Citizen. (B)</p> Signup and view all the answers

What was a primary purpose for the establishment of the United Nations in 1945?

<p>To prevent future global conflicts, after WWII and the Holocaust. (C)</p> Signup and view all the answers

Which of the following best describes the significance of the Universal Declaration of Human Rights adopted in 1948?

<p>It was the first time nations agreed to specific rights and freedoms. (C)</p> Signup and view all the answers

What was the primary significance of the Statute of Westminster in 1931 for Canada?

<p>It granted Canada full autonomy and legal authority from Britain. (A)</p> Signup and view all the answers

Which document is considered Canada's earliest expression of human rights legislation at the federal level?

<p>The Bill of Rights, 1960 (D)</p> Signup and view all the answers

What was a notable criticism of the Canadian Bill of Rights when it was passed by PM Diefenbaker's government in 1960?

<p>It was only a statute applying to federal matters and could be changed by parliament at any time. (B)</p> Signup and view all the answers

What is the main purpose of the Oakes Test in Canadian law?

<p>To evaluate if a law's infringement on rights is justified under the Charter. (C)</p> Signup and view all the answers

During the complaint process of discrimination, what is the purpose of the mediation stage?

<p>To achieve a settlement if both parties accept the agreement. (B)</p> Signup and view all the answers

What is the role of the Human Rights Tribunal in the context of a discrimination complaint?

<p>To hear evidence and decide if discrimination occurred, as well as determine appropriate remedies. (A)</p> Signup and view all the answers

What does 'R' stand for in a Canadian criminal case citation (e.g., R. v. Smith)?

<p>Rex, representing the King or state (A)</p> Signup and view all the answers

Which of the following is NOT considered a fundamental freedom under Section 2 of the Canadian Charter of Rights and Freedoms?

<p>Freedom of political affiliation (D)</p> Signup and view all the answers

Which of the following best describes a 'summary conviction offence'?

<p>A minor criminal act with a less severe punishment which is usually tried soon after the charge, without a formal hearing or jury. (C)</p> Signup and view all the answers

What is the legal term for the 'guilty act' that constitutes a crime?

<p>Actus Reus (D)</p> Signup and view all the answers

Which of the following best describes the principle of 'repatriation' regarding the Canadian Constitution in 1982?

<p>Transferring the Canadian Constitution's authority from Britain to Canada (B)</p> Signup and view all the answers

What was the significance of the Quebec Act of 1774?

<p>It allowed the continuation of civil law and Catholic faith practices in Quebec. (B)</p> Signup and view all the answers

What differentiates specific intent from general intent in criminal law?

<p>Specific intent involves an expected result due to the known crime, whereas general intent is just a deliberate action. (A)</p> Signup and view all the answers

What is the purpose of Section 8 of the Charter regarding search and seizure?

<p>It protects Canadians from unreasonable search and seizure. (C)</p> Signup and view all the answers

Which of the following is NOT a necessary component for a bill to become law at the federal level in Canada?

<p>Approval from the Supreme Court of Canada (B)</p> Signup and view all the answers

What is the role of the 'Reasonable Limits Clause' in Section 1 of the Canadian Charter of Rights and Freedoms?

<p>To allow the state to limit rights and freedoms in certain justifications (C)</p> Signup and view all the answers

If someone unintentionally causes the death of another person due to reckless behavior, what type of homicide is it?

<p>Involuntary Manslaughter. (C)</p> Signup and view all the answers

Which of the following best explains the purpose of the Constitutional Act of 1791?

<p>To grant the inhabitants of Quebec the same rights as other British subjects in North America (D)</p> Signup and view all the answers

What is considered 'circumstantial evidence' in a legal context?

<p>Indirect evidence that suggests the accused is likely the one who committed the crime. (D)</p> Signup and view all the answers

What legal principle requires the Crown to make the defence aware of all the evidence they have against the accused?

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

What is the first step in the process of creating a new law in Canadian Parliament?

<p>The Bill is introduced to the House of Commons (C)</p> Signup and view all the answers

If an individual encourages another to commit a crime, they are considered to have committed what?

<p>Abetting (C)</p> Signup and view all the answers

Which historical event greatly influenced the development of the Canadian Charter of Rights and Freedoms by advocating for self-governance and inalienable rights?

<p>The American Revolution (C)</p> Signup and view all the answers

How does the process of passing a bill in a provincial legislature differ from the federal level in Canada?

<p>Provincial bills do not go to a Senate. (B)</p> Signup and view all the answers

According to the Oakes Test, after the courts have determined that a law has an important objective, what is the next necessary step in the process?

<p>It has to be balanced against the rights of individuals in society (B)</p> Signup and view all the answers

How does the Canadian Charter of Rights and Freedoms protect freedom of association?

<p>It ensures protection of workers rights to collective bargaining. (B)</p> Signup and view all the answers

What is the primary purpose of the 'voir dire' process in a trial?

<p>To decide if certain evidence is admissible. (C)</p> Signup and view all the answers

Which term describes the act of knowingly giving false evidence in a judicial proceeding?

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

During which stage do sentencing goals typically get established for a person convicted of an illegal act?

<p>When the judge issues a sentence (D)</p> Signup and view all the answers

What does it mean when a witness is considered 'credible' in a legal context?

<p>The witness's statements are considered trustworthy and reliable. (C)</p> Signup and view all the answers

What is the primary meaning of 'Habeas Corpus' in legal terms?

<p>To present a case why the accused should be released. (A)</p> Signup and view all the answers

Under what condition is a jury typically sequestered during a trial?

<p>When they are considering the evidence to make a decision. (B)</p> Signup and view all the answers

Which of the following best describes the concept of 'entrapment'?

<p>A situation where police coerce an individual into committing a crime. (D)</p> Signup and view all the answers

What does the term 'mitigating' factors refer to in sentencing?

<p>Factors that demonstrate the punishment should be less severe. (D)</p> Signup and view all the answers

Which of the following best describes a non-insane automatism defense?

<p>An involuntary action by a person who cannot control their actions. (C)</p> Signup and view all the answers

What is necessary for a defence based on an alibi to be complete?

<p>A statement by the accused claiming not to be present at the crime, explanation as to where they were and witness confirmation. (A)</p> Signup and view all the answers

In Canada, which court is the first level of appeal for criminal cases originating in Provincial Court?

<p>Provincial Superior Court (B)</p> Signup and view all the answers

What is a 'preliminary hearing' primarily intended for in the court system?

<p>To determine if there is enough evidence to proceed to trial in a higher court (D)</p> Signup and view all the answers

What is the primary function of the Supreme Court of Canada?

<p>Is the highest court of appeal and has unlimited jurisdiction in criminal matters. (C)</p> Signup and view all the answers

What does the term 'acquitted' mean in a legal context?

<p>The accused has been declared not guilty and cleared from all charges. (D)</p> Signup and view all the answers

Which of the following best describes the 'Adversarial System' of law?

<p>A system in which two or more opposing sides present their case in court (B)</p> Signup and view all the answers

Which type of prison sentence involves serving time on weekends or at night?

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

What is the primary function of the 'principle of totality' in sentencing?

<p>To ensure the overall fairness of a prison sentence by considering all circumstances (B)</p> Signup and view all the answers

Which security level in federal prisons is designated for the most dangerous offenders?

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

What is the role of a judge in controlling the courtroom during a trial?

<p>To manage the flow of the trial and maintaining order. (B)</p> Signup and view all the answers

In civil law, what does 'negligence' refer to?

<p>A careless act that causes harm to another. (A)</p> Signup and view all the answers

Which of the following best describes 'foreseeability' in the context of negligence?

<p>A reasonable person's ability to anticipate specific results of an action (C)</p> Signup and view all the answers

What term describes a court order for money to be paid from a defendant's wages or bank account?

<p>Garnishment (C)</p> Signup and view all the answers

What are 'punitive damages' intended to do?

<p>Punish the defendant for malicious behaviour (B)</p> Signup and view all the answers

Which type of damages is awarded for specific out-of-pocket expenses incurred before the trial?

<p>Special Damages (D)</p> Signup and view all the answers

What type of damages are meant to compensate for loss of enjoyment of life?

<p>Non-pecuniary damages (B)</p> Signup and view all the answers

What is the meaning of 'voluntary assumption of risk' as a defense against negligence?

<p>Knowingly accepting factors that may cause harm or injury. (A)</p> Signup and view all the answers

What does 'balance of probabilities' refer to in a civil trial?

<p>How a judge decides which side is more believable in a case (D)</p> Signup and view all the answers

What does the term 'litigation' primarily refer to?

<p>Legal action to resolve a civil dispute (C)</p> Signup and view all the answers

What type of defense is 'inevitable accident' also known as?

<p>Act of God (A)</p> Signup and view all the answers

Which of the following best describes 'contributory negligence'?

<p>When the victim contributed to their own injury or harm. (A)</p> Signup and view all the answers

What is the main criterion for 1st degree murder?

<p>Murder is planned and deliberate. (B)</p> Signup and view all the answers

Which statement best describes Battered Women Syndrome?

<p>It is a psychological condition caused by prolonged domestic violence. (B)</p> Signup and view all the answers

What distinguishes duress from necessity in legal terms?

<p>Duress is based on a threat or coercion. (C)</p> Signup and view all the answers

What is the maximum penalty for Level 2 Assault?

<p>10 years in prison. (B)</p> Signup and view all the answers

In terms of sentencing, what distinguishes manslaughter from murder?

<p>Manslaughter involves no intention to kill. (D)</p> Signup and view all the answers

The legal concept of 'cross-examination' refers to which type of questioning?

<p>Questions aimed at discrediting a witness from the opposing side. (A)</p> Signup and view all the answers

What is the fundamental purpose of the Youth Criminal Justice Act?

<p>To prevent crime and rehabilitate youth. (A)</p> Signup and view all the answers

How does Level 3 Assault differ from Level 1 Assault?

<p>Level 3 Assault results in serious injury or endangerment of life. (B)</p> Signup and view all the answers

What kind of defense is claimed when a person acts in a situation of imminent danger?

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

What is the maximum sentence for aggravated assault (Level 3)?

<p>14 years in prison. (A)</p> Signup and view all the answers

What element is required for both forms of manslaughter?

<p>A reasonable person standard. (B)</p> Signup and view all the answers

What defines acted remorse as part of the legal defense mechanisms?

<p>Remorse expressed can mitigate penalties. (B)</p> Signup and view all the answers

How is the act of unlawful act manslaughter defined?

<p>Unintentional death caused by a crime. (D)</p> Signup and view all the answers

What is necessary for a claim of negligence to be successful?

<p>The plaintiff must establish that they suffered real injury or economic loss. (C)</p> Signup and view all the answers

What does the 'reasonable person test' assess in a negligence case?

<p>The anticipated behavior of an ordinary adult in similar circumstances. (C)</p> Signup and view all the answers

Which of the following is NOT a question asked to determine if negligence occurred?

<p>Did the defendant make a financial profit from their actions? (B)</p> Signup and view all the answers

What is the burden of proof in a civil trial for negligence?

<p>Balance of probabilities. (C)</p> Signup and view all the answers

What must a plaintiff show regarding causation in a negligence claim?

<p>That the defendant’s actions directly led to the plaintiff's injuries. (C)</p> Signup and view all the answers

What does 'foreseeability' refer to in the context of negligence?

<p>The ability of a reasonable person to anticipate injuries from an action. (A)</p> Signup and view all the answers

Which parties are involved in a civil trial?

<p>Plaintiff and Defendant. (B)</p> Signup and view all the answers

What is a key difference between civil and criminal cases?

<p>Criminal cases aim to punish offenders, while civil cases resolve disputes. (D)</p> Signup and view all the answers

What advantage does Alternative Dispute Resolution (ADR) provide?

<p>It is typically faster and less expensive than going to court. (C)</p> Signup and view all the answers

In what context is 'consideration' relevant to a contract?

<p>It involves the exchange of something of value between parties. (D)</p> Signup and view all the answers

What role does the plaintiff play in a civil trial?

<p>The plaintiff initiates the legal action seeking compensation. (C)</p> Signup and view all the answers

Which of the following is a potential action if a defendant cannot pay a judgment?

<p>Garnishing the defendant's wages. (B)</p> Signup and view all the answers

What does a breach of duty of care indicate in a negligence case?

<p>The defendant did not fulfill their legal obligation to prevent harm. (A)</p> Signup and view all the answers

Flashcards

Criminal Law

Defines crimes against society and sets punishments.

Constitutional Law

Outlines the structure and powers of Canada's federal and provincial governments.

Administrative Law

Governs the relationship between citizens and government boards and agencies.

Tort Law

Holds people accountable when they cause harm or negligence.

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Family Law

Regulates aspects of family life, like separation, divorce, and child custody.

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Labour Law

Governs the relationship between employers and employees.

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Contract Law

Outlines legally binding agreements and remedies if an agreement is broken.

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Property Law

Outlines the relationship between individuals and property, including buying and selling.

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Law of the Twelve Tables

The first attempt by the Romans to organize laws into a written code, addressing rights, legal procedures, and property.

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Napoleonic Code

A set of laws established by Napoleon in 1804, emphasizing equality and abolishing privileges based on birth.

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Magna Carta

The document signed in 1215 in England that limited the king's power and established the idea that laws apply to everyone equally.

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Habeas Corpus

A legal principle that guarantees the right of an individual to be brought before a court to determine the legality of their detention.

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Universal Declaration of Human Rights

A document that outlines basic rights and freedoms to which all people are entitled.

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Patriation

The process of bringing legislation back under the control of the country where it applies.

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Entrenched Laws

Laws or provisions that are difficult to change, firmly established and deeply rooted.

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Equality Rights

A section in the Canadian Charter of Rights and Freedoms that guarantees equal treatment under the law for all citizens.

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Human Rights

Fundamental rights and freedoms to which all people are entitled.

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Charter of Rights and Freedoms

A document that outlined basic rights and responsibilities for all Canadians, introduced in 1982.

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Oakes Test

A legal test used by the Supreme Court of Canada to determine whether a limitation on Charter rights is justified.

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Section 1: Reasonable Limits Clause

A clause in the Canadian Charter that allows for limitations on rights if they are 'reasonable' and 'justifiable' in a free and democratic society.

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Personal Freedoms

The right to live your life without excessive government interference.

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Bill of Rights (1960)

The first major legislation in Canada that addressed human rights and fundamental freedoms.

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Substantive Law

Laws that define your rights and obligations in society, such as the criminal code outlining crimes.

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British North America Act (BNA Act)

The first written constitution for Canada, established in 1867 after the union of various provinces, giving Canada self-governance from Britain.

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Canada Act 1982

A document signed by Queen Elizabeth in 1982, bringing Canada's Constitution back to Canada from Britain, signifying complete independence from the British monarchy.

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Reasonable Limits Clause (Section 1 of the Charter)

A section in the Canadian Charter of Rights and Freedoms that allows for reasonable limitations on rights and freedoms when necessary to protect society.

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Federal Lawmaking Process

The process of creating a new law in Canada's federal parliament, involving three readings, committee review, Senate approval, and final Royal Assent.

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Provincial Lawmaking Process

The process of creating a new law in a Canadian province, involving three readings and final Royal Assent by the Lieutenant-Governor.

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Royal Proclamation of 1763

The first written constitution for Canada, established in 1763, outlining rules for governing the new British territories in North America.

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Quebec Act of 1774

A legal document passed in 1774, expanding Quebec's boundaries and preserving the French civil law and Catholic faith.

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Constitutional Act of 1791

A constitutional act passed in 1791, aiming to meet the demands of Loyalists and provide equal rights to all British subjects in North America.

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Freedom of Religion

The freedom to practice religion without interference, including the right to change beliefs, express them openly, and not be forced to follow others' religious beliefs.

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Freedom of Expression

The right to hold and express your own thoughts and ideas without censorship, through various means like writing, speech, art, or media.

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Freedom of Peaceful Assembly

The right to gather peacefully with others for protests, demonstrations, or discussions regarding various issues.

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Freedom of Association

The right to join or form associations, groups, or unions, including the right to collective bargaining, without being forced into membership.

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Fundamental Freedoms

A set of five freedoms guaranteed by the Canadian Charter of Rights and Freedoms, including freedom of religion, expression, assembly, association, and thought.

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Civil Law

The legal code that governs Quebec, based on French civil law, which contrasts with the common law system used in other Canadian provinces.

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Summary Conviction Offences

A minor criminal offence with less severe punishments, usually tried quickly without a jury or preliminary hearing.

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Indictable Offences

A serious criminal offence with a severe penalty, proceeding through a formal indictment.

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Hybrid Offences

A criminal offence that can be tried as either a summary conviction or an indictable offence, depending on the Crown's decision.

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Actus Reus

The guilty act, omission, or state of being that constitutes a crime. It's the physical element of a crime.

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Mens Rea

The guilty mind, or mental element of a crime. It means the person intended to commit the act.

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General Intent

Committing a deliberate action, knowing it is a crime. No specific goal in mind.

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Specific Intent

Committing a deliberate action, knowing it is a crime, and expecting a specific result.

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Search Warrant

A court order that allows police to search a specific location at a specific time.

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Admissible Evidence

Evidence that is admissible in court. It must be legal and obtained properly.

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Disclosure

All evidence against the accused that the Crown must reveal to the defence early in the proceedings.

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The Plea

The statement made by the accused at the pretrial motion, declaring guilt or innocence.

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Abetting

Encouraging or urging someone to commit a crime.

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Aiding

Assisting someone to commit a criminal offense.

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Accessory After The Fact

Helping someone after they have committed a crime.

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Motive

The reason behind someone committing an action. It's their motivation.

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Perjury

The act of knowingly giving false evidence in a judicial proceeding.

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Sentencing

The actual punishment determined by a judge after a conviction.

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Jury

A group of individuals tasked with determining the guilt or innocence of an accused person in a trial.

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Credible Witness

A person deemed trustworthy and reliable, whose evidence is considered convincing due to their knowledge, demeanor, and character.

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Voir Dire

A mini-trial within a trial where admissibility of evidence is debated.

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Trafficking

The act of selling, distributing, or transferring a controlled substance.

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Possession

The act of having possession of something prohibited by law.

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Counselling

Encouraging, advising, or persuading another person to commit a crime.

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Adversarial System

A legal system where opposing sides present their case in court.

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Empaneling

The process of selecting and impanelling a jury for a trial.

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Mitigating Factors

Factors that show the punishment should be less severe.

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Aggravating Factors

Factors that justify a more severe punishment.

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Entrapment

When police actions induce a person to commit a crime.

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Non-Insane Automatism

An involuntary action by a person who cannot control their actions due to an impaired state of consciousness.

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Not Criminally Responsible (NCR)

A legal defence where an accused person claims they were incapable of understanding the wrongfulness of their actions due to a mental disorder.

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Self-Defence

The legal use of reasonable force to protect oneself or property, but only as much force as necessary in the situation.

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Battered Woman Syndrome (BWS)

A psychological condition resulting from long-term domestic violence, where the danger may not be immediate but constant.

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Necessity Defence

An accused person claims they were forced to commit a crime due to immediate danger to themself. Only applies with imminent risk.

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Duress Defence

An accused person claims they were threatened or coerced to commit a crime against their will.

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1st Degree Murder

A premeditated killing with intent to kill, involving planning and deliberation.

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2nd Degree Murder

A deliberate killing that occurs without planning and does not meet 1st degree criteria.

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Manslaughter

A general intent offense where a person is responsible for causing death, but without intentional killing.

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Actus Reus (Guilty Act)

The action that led to the victim's death.

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Mens Rea (Guilty Mind)

The mental state of the accused, where a reasonable person would have recognized the risk involved and acted more cautiously.

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Level 1 Assault

An assault involving intentional force, an attempt to apply force, or physically blocking someone without consent.

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Level 2 Assault

An assault causing bodily harm, often involving a weapon and resulting in serious injury requiring medical treatment.

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Level 3 Assault

A severe assault causing life-threatening injuries, including grotesque beating, maiming, or disfigurement.

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Cross-Examination

The process of questioning a witness called by the opposing side in a trial.

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Direct/Examination-In-Chief

The questioning of a witness by their own lawyer during a trial.

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Contractual Capacity

The ability to understand the nature and implications of a contract, including its terms and consequences.

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Consideration

A legal term indicating that each party in a contract provides something of value to the other party, ensuring that the agreement isn't a one-sided favour.

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Mental Capacity (Marriage)

Marriage is a legal contract. A person's ability to understand and understand the legal consequences of marriage. This can be affected by factors such as age, illness, or mental impairment.

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Minimum Age (Marriage)

The minimum age required to legally marry in Ontario is 18. Younger individuals may marry with parental consent.

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Close Relationships (Marriage)

Close family members cannot marry each other. This helps prevent potential conflicts of interest or exploitation.

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Unintentional Tort

An unintentional act that causes harm or damage to others. It is based on negligence, meaning a failure to act with reasonable care.

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Intentional Tort

Intentional acts that cause harm or damage to others. It involves a clear intent to act, regardless of the consequences.

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Trespass (Tort)

An intentional act that involves interfering with another person's property without their consent or legal right. This includes trespass to land, assault, and false imprisonment.

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Concurrent Sentence

A prison sentence for two or more offenses served at the same time.

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Consecutive Sentence

A prison sentence for two or more offenses served one after another.

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Intermittent Sentence

A prison sentence of 90 days or less that is served on weekends or at night.

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Principle of Totality

A rule that ensures a prison sentence is fair by considering all circumstances.

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Maximum Security Prison

The most secure level of federal prison, housing the most dangerous offenders.

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Medium Security Prison

A level of security in federal prisons, less secure than maximum security.

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Minimum Security Prison

The least secure level of federal prison, often with less restrictive measures.

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What is one role of a judge in a criminal trial?

They ensure the trial is fair and impartial.

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What is another role of a judge in a criminal trial?

They maintain order and control in the courtroom during proceedings.

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What is the third role of a judge in a criminal trial?

Judges ensure that proper procedures and rules of the court are followed.

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Small Claims Court

A court that resolves civil claims of $10,000 or less.

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Plaintiff

The person or party initiating a lawsuit.

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Defendant

The party that responds to a lawsuit.

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Duty of Care

A legal obligation to not harm others or their property, owed by a defendant to the plaintiff in a negligence lawsuit.

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Breach of Duty of Care

When a defendant fails to meet the standard of care required in a given situation.

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Reasonable Person

A hypothetical person used as a benchmark to determine the standard of care expected in a situation.

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Foreseeability

The ability to anticipate the consequences of an action, used to assess negligence.

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Causation

A direct link between the defendant's actions and the plaintiff's injuries or losses.

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Burden of Proof

The responsibility of the plaintiff in a civil case to provide enough evidence to convince the court of the defendant's negligence.

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Negligence Lawsuit

A legal process where the plaintiff seeks compensation for harm or losses caused by the defendant's negligence.

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Criminal Prosecution Purpose

The aim of a criminal prosecution is to punish the offender for crimes against society.

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Civil Action Purpose

The aim of a civil action is to resolve disputes and compensate victims for harm or losses.

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Onus of Proof in Criminal Cases

The Crown Attorney has the responsibility of establishing the defendant's guilt beyond a reasonable doubt.

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Onus of Proof in Civil Cases

The plaintiff has the responsibility of proving the defendant's liability on the balance of probabilities.

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Enforceable Assets

A defendant's assets, including money, property, or money owed to them, that can be seized to pay damages.

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Garnishing Wages

A process where a portion of the defendant's income is redirected towards paying damages, similar to a loan repayment.

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Alternative Dispute Resolution (ADR)

A method of resolving disputes outside of a formal trial, offering a faster, less expensive, and potentially fairer solution.

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Offer and Acceptance

The agreement of both parties to the specific terms of a contract, forming the foundation of the contract.

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Study Notes

Criminal Law

  • Summary Conviction Offences: Minor offences with less severe penalties, tried quickly without a preliminary hearing or jury.
  • Indictable Offences: Serious offences with severe penalties, tried formally with an indictment.
  • Hybrid Offences: Offences that can be tried as summary convictions or indictable offences, with the Crown deciding the procedure.
  • Actus Reus: The physical act, omission, or state of being that constitutes a crime.
  • Mens Rea: The mental element of a criminal action.
  • General Intent: Committing a deliberate action knowing it's a crime.
  • Specific Intent: Committing a deliberate action knowing it's a crime with the specific result intended.
  • Illegal Search & Seizure: Section 8 of the Charter protects against unreasonable searches and seizures.
  • Homicide: The killing of another person. Culpable is intentional or reckless; non-culpable is accidental.
  • Manslaughter: Unlawful killing without malice aforethought. Voluntary is in the heat of passion; involuntary is negligent.
  • 1st Degree Murder: Premeditated and intentional killing.
  • 2nd Degree Murder: Intentional killing without premeditation.
  • Circumstantial Evidence: Indirect evidence suggesting guilt.
  • Direct Evidence: Eyewitness account of the event.
  • Admissible Evidence: Permitted and not illegally obtained evidence.
  • Search Warrant: Court order allowing police to search a location.
  • Disclosure: Evidence against the accused revealed to the defence.
  • The Plea: Statement of guilt or innocence at the pretrial motion.
  • Abetting: Encouraging a crime.
  • Aiding: Assisting in a crime.
  • Accessory After The Fact: Helping after a crime.
  • Motive: The reason for the action, doesn't prove guilt.
  • Perjury: Knowingly giving false evidence.
  • Sentencing: Imposing a punishment.
  • Jury: Group of people deciding guilt or innocence.
  • Credible Witnesses: Trustworthy witnesses.
  • Voir Dire: Mini-trial to decide evidence admissibility.
  • Goals of Sentencing: Various, including rehabilitation, retribution, and deterrence.
  • Hearsay: Information repeated by a third party, not from direct knowledge.
  • Impaired Driving: Driving under the influence of drugs, alcohol, or a combination.
  • Trafficking: Selling, administering, transferring controlled substances.
  • Possession: Having illegal substances.
  • Counselling: Encouraging criminal activity.
  • Habeas Corpus: Legal action to challenge unlawful detention.
  • Adversarial System: Two opposing sides presenting their cases.
  • Sequestering: Isolating a jury during a trial.
  • Empaneling: Selecting a jury.
  • Mitigating Factors: Reasons for a less severe sentence.
  • Aggravating Factors: Reasons for a harsher sentence.
  • Deliberate: Jury discussion and verdict.
  • Entrapment: Police inducing a crime.
  • Non-Insane Automatism: Involuntary action due to impaired consciousness.
  • Necessity: Committing a crime to avoid greater harm.
  • Duress: Committing a crime due to threats.
  • Acquitted: Declared not guilty.
  • Alibi: Defence claiming absence from crime scene.
  • Rights upon Arrest: Advice on rights to counsel, silence, and reasons for arrest.

Criminal Court System

  • Provincial Court: Handles summary offences, preliminary hearings, less serious indictable offences.
  • Provincial Superior Court: Hears appeals from Provincial Court, tries serious indictable offences (manslaughter, sexual assault, armed robbery).
  • Provincial Court of Appeal: Highest court in the province, decides appeals from Superior Court.
  • Federal Court: Deals with federal government disputes (jurisdiction, immigration, etc.).
  • Supreme Court of Canada: Highest court in Canada, final court of appeal.

Civil Law

  • Small Claims Court: Resolves civil claims under $10,000.
  • Unintentional Tort: Harm caused by negligence.
  • Intentional Tort: Deliberate harm.
  • Plaintiff: Initiates the lawsuit.
  • Defendant: Responds to the lawsuit.
  • Negligence: Careless action causing harm.
  • Duty of Care: Legal obligation to avoid harming others.
  • Foreseeability: Anticipating the result of an action.
  • Causation: Defendant's actions directly leading to damages.
  • Real Harm/Loss: Actual injury or financial loss.
  • Contributory Negligence: Victim's actions causing part of their damages.
  • Professional Negligence: Negligence by professionals.
  • Garnishment: Court order to seize wages for damages.
  • Punitive Damages: Punishing the defendant.
  • General Damages: Compensation for pain and suffering.
  • Pecuniary Damages: Loss of income, medical costs.
  • Non-pecuniary Damages: Pain and suffering.
  • Special Damages: Out-of-pocket expenses.
  • Aggravated Damages: Damages for mental distress.
  • Nominal Damages: Moral victory for the plaintiff.
  • Voluntary Assumption of Risk: Accepting known risks.
  • Examination of Debtor: Determining a defendant's ability to pay.
  • Statement of Claim: Outlining the issue.
  • Balance of Probabilities: Higher likelihood of one side being true.
  • Litigation: Legal action to settle disputes.
  • Defamation of Character: Damaging a person's reputation.
  • Medical Negligence: Negligence by medical professionals.
  • Counterclaim: Claim opposing the plaintiff's claim.
  • Payment into Court: Defendant deposits money in court.
  • 3rd Party Claim: Defendant claims someone else is responsible.
  • Arbitration: Neutral third party decides the case, binding decision.
  • Negotiation: Direct resolution between parties.
  • Mediation: Neutral third party helps parties resolve disputes, non-binding.
  • Defenses to Negligence: Contributory negligence, voluntary assumption of risk, inevitable accident.

Valid Defenses for Criminal Cases

  • Alibi: Accused was not at the scene.
  • Automatism: Involuntary action due to impaired consciousness. Sane is not linked to a disease of the mind. Insane Automatism is linked to a disease of the mind. Accused is deemed not criminally responsible (NCR) or guilty.
  • Self-Defense: Force used reasonably to defend oneself or property.
  • Battered Woman Syndrome: Psychological condition from abuse, extended self-defense.
  • Necessity/Duress: Committing a crime to avoid immediate greater harm or threat.

Criminal Offenses - Degrees & Types

  • 1st Degree Murder: Planned and deliberate killing, killing of a law enforcement officer, killing during another crime. (Life sentence with no parole for 25 years)
  • 2nd Degree Murder: Unplanned intentional murder. (Life sentence with parole eligibility after 10 years)
  • Manslaughter: Culpable homicide less serious than murder (Various sentences, minimum imprisonment of 4 years for firearm use).

Assault

  • Level 1 Assault: Intentional force without consent, threat of force, or physical interference. (5 years maximum)
  • Level 2 Assault: Assault causing bodily harm, usually from a weapon, resulting in serious injury (medical attention needed). (10 years maximum)
  • Level 3 Assault: Aggravated assault, very severe attack endangering life, grotesque beating, maiming that severely injures, or endangers the life of the victim. (14 years maximum)

Court Procedures

  • Direct Examination: Questions lawyer asks their own witness.
  • Cross Examination: Questions lawyer asks opposing witness.
  • Rebuttal: Evidence/arguments responding to opposing case.
  • Surrebuttal: Evidence/arguments responding to rebuttal.

Youth Criminal Justice Act

  • Purpose: Prevent crime, rehabilitate youth, ensure consequences, and protect public.

Sentences & Prisons

  • Concurrent Sentences: For multiple offences, served simultaneously.
  • Consecutive Sentences: For multiple offences, served one after another.
  • Intermittent Sentences: Sentences of 90 days or less served on weekends/nights.
  • Maximum, Medium, and Minimum Security Prisons: Three prison levels based on risk posed by the inmate.

Judge Roles

  • Impartiality: Unbiased judgment during trials.
  • Courtroom Control: Maintaining order during hearings.
  • Legal Procedure Enforcement: Ensuring proper trial procedures are followed.

Marriage Requirements

  • Mental Capacity: Understanding the nature of marriage.
  • Minimum Age: Legal age for marriage in the jurisdiction.
  • Close Relationships: Restrictions on marrying close relatives.

Civil Trial Procedures Outline

  • Statement of Claim: Initial paperwork outlining the issue in a lawsuit.
  • Court Fee: Paid by the initiating party.
  • Service of Process: Formal notification to the defendant.
  • Limitations Period: Time limit for filing a lawsuit.
  • Defendant Response Period: Time allowed for the responding party to respond, varies by province. Civil cases vary on time limits.

Defenses in Civil Cases

  • Contributory Negligence: Victim's actions caused part of the harm (shared responsibility).
  • Voluntary Assumption of Risk: Aware of risk and willingly accepted the potential harm. (Waivers)
  • Inevitable Accident: Harm could not have been reasonably avoided (acts of God).

Negligence Requirements

  • Duty of Care: Legal obligation to avoid harming others/property.
  • Breach of Duty: Failing to meet the standard of care of a reasonable person.
  • Causation: Defendant's actions directly caused the harm.
  • Foreseeability: Reasonable person could anticipate the potential harm.
  • Harm: Actual injury or loss suffered by the plaintiff.

Criminal vs Civil Action Comparison

Feature Criminal Civil
Purpose Punish the offender Compensate for harm/resolve dispute
Party Initiating Crown Plaintiff
Burden of Proof Beyond a reasonable doubt Balance of probabilities
Outcome Guilty/Not Guilty Liable/Not Liable
Action Taken Sentence if guilty Compensation/remedy

Contract Essentials

  • Offer and Acceptance: Serious intent and clear terms.
  • Consideration: Exchange of value (not necessarily equal).
  • Capacity: Understanding the terms of agreement.

Discrimination Complaint Process

  • Complaint Filing: Initial complaint.
  • Commission Review: Ensuring standards are met.
  • Service of Complaint: Sending complaint to the respondent.
  • Mediation: Attempting settlement.
  • Investigation: Review of the complaint.
  • Conciliation: Discussion for settlement.
  • Tribunal: Hearings for final decision.

Types of Evidence

  • Direct: Eyewitness testimony.
  • Circumstantial: Indirect evidence suggesting guilt.
  • Admissible: Evidence permitted by the court, not obtained illegally.

Procedures

  • Bill's Journey: First reading, second reading, committee, third reading, senate approval, Royal Assent. (Federal and Provincial versions)

Human Rights, The Charter & Legal Developments

  • Historical Influences: Magna Carta, English Bill of Rights, American Revolution, French Revolution, Abolition of Slavery, The Holocaust. The United Nations, and the Canadian Bill of Rights.
  • United Nations & Universal Declaration of Human Rights: International push for recognized rights.

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Test your knowledge on various aspects of law, including contract law, administrative law, and significant legal documents. This quiz covers fundamental principles and historical contexts that have shaped legal systems. Perfect for students or anyone interested in understanding the basics of legal frameworks.

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