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</p> Signup and view all the answers

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

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

    Hammurabi's Code is historically significant because it was:

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

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

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

    What is the primary focus of substantive law?

    <p>Outlining rights and obligations in society</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.</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</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.</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.</p> Signup and view all the answers

    Which of the following is an example of public law?

    <p>Constitutional law</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.</p> Signup and view all the answers

    Which of the following is an example of private law?

    <p>Tort law</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.</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.</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</p> Signup and view all the answers

    What best describes an 'intentional tort'?

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

    Which is an example of 'trespass to land'?

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

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

    <p>Actus Reus</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</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.</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.</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.</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</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</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.</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</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.</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</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</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</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</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.</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</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.</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.</p> Signup and view all the answers

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

    <p>Perjury</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</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.</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.</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.</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.</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.</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.</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.</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</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</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.</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.</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</p> Signup and view all the answers

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

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

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

    <p>Maximum Security</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.</p> Signup and view all the answers

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

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

    What are 'punitive damages' intended to do?

    <p>Punish the defendant for malicious behaviour</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</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</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.</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</p> Signup and view all the answers

    What does the term 'litigation' primarily refer to?

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

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

    <p>Act of God</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.</p> Signup and view all the answers

    What is the main criterion for 1st degree murder?

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

    What distinguishes duress from necessity in legal terms?

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

    What is the maximum penalty for Level 2 Assault?

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

    In terms of sentencing, what distinguishes manslaughter from murder?

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

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

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

    What element is required for both forms of manslaughter?

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

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

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

    How is the act of unlawful act manslaughter defined?

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

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

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

    Which parties are involved in a civil trial?

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

    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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