Podcast
Questions and Answers
Which statement accurately describes the role of crowns in the legal process?
Which statement accurately describes the role of crowns in the legal process?
What is typically true about the defense in legal proceedings?
What is typically true about the defense in legal proceedings?
In which type of trial does the judge decide the facts?
In which type of trial does the judge decide the facts?
What defines an indictable offense?
What defines an indictable offense?
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Which option is true regarding hybrid offenses?
Which option is true regarding hybrid offenses?
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What does 'reasonable grounds to detain' require?
What does 'reasonable grounds to detain' require?
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What must be present for detention to be considered 'reasonably necessary'?
What must be present for detention to be considered 'reasonably necessary'?
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How is 'reasonable suspicion' characterized in terms of standards?
How is 'reasonable suspicion' characterized in terms of standards?
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What risk is associated with the concept of reasonable suspicion?
What risk is associated with the concept of reasonable suspicion?
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What does the requirement for a 'clear nexus' imply in the context of detention?
What does the requirement for a 'clear nexus' imply in the context of detention?
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Who is the primary party making a claim in a charter case?
Who is the primary party making a claim in a charter case?
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What is required to establish 'standing' in a charter case?
What is required to establish 'standing' in a charter case?
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What happens when a court finds that evidence was obtained in violation of rights guaranteed by the Charter?
What happens when a court finds that evidence was obtained in violation of rights guaranteed by the Charter?
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Which clause relates to the invalidation of inconsistent legislation?
Which clause relates to the invalidation of inconsistent legislation?
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Which of the following does NOT contribute to establishing 'standing' in a charter case?
Which of the following does NOT contribute to establishing 'standing' in a charter case?
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What does the Oakes test assess in relation to legislation?
What does the Oakes test assess in relation to legislation?
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What type of arguments do interveners typically present in charter cases?
What type of arguments do interveners typically present in charter cases?
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What is the consequence if a judge strikes down a law under section 52?
What is the consequence if a judge strikes down a law under section 52?
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What is the primary reason why an accused cannot use ignorance of the law as a defense?
What is the primary reason why an accused cannot use ignorance of the law as a defense?
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In what way can intoxication be considered a defense in a legal context?
In what way can intoxication be considered a defense in a legal context?
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Which of the following best describes the distinction between specific intent and general intent crimes?
Which of the following best describes the distinction between specific intent and general intent crimes?
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What is one primary role of counsel in criminal proceedings?
What is one primary role of counsel in criminal proceedings?
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To what extent does the defense of intoxication apply in criminal cases?
To what extent does the defense of intoxication apply in criminal cases?
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Why is the intoxication defense considered controversial?
Why is the intoxication defense considered controversial?
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What must the police inform a detainee of upon arrest?
What must the police inform a detainee of upon arrest?
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What do mistake and drunkenness as defenses have in common?
What do mistake and drunkenness as defenses have in common?
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What duty do the police have regarding facilitating access to counsel?
What duty do the police have regarding facilitating access to counsel?
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When must police provide information about the opportunity to obtain free legal aid?
When must police provide information about the opportunity to obtain free legal aid?
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Which example illustrates a scenario where intoxication may affect legal culpability?
Which example illustrates a scenario where intoxication may affect legal culpability?
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What type of calls must the police offer the detainee?
What type of calls must the police offer the detainee?
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How do courts manage the application of the intoxication defense?
How do courts manage the application of the intoxication defense?
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What must the police consider when fulfilling their informational duties?
What must the police consider when fulfilling their informational duties?
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Which right is NOT typically communicated to a detainee upon arrest?
Which right is NOT typically communicated to a detainee upon arrest?
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What should the police do if a detainee is unable to reach counsel immediately?
What should the police do if a detainee is unable to reach counsel immediately?
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What is the primary purpose of adopting an interpretation consistent with a treaty in Canadian law?
What is the primary purpose of adopting an interpretation consistent with a treaty in Canadian law?
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Which of the following statements best describes a significant characteristic of untransformed treaties in Canadian law?
Which of the following statements best describes a significant characteristic of untransformed treaties in Canadian law?
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In the context of Baker, which action reflects a reasonable exercise of humanitarian power according to the Convention on the Rights of the Child?
In the context of Baker, which action reflects a reasonable exercise of humanitarian power according to the Convention on the Rights of the Child?
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What are the two approaches to the incorporation of international law into domestic law?
What are the two approaches to the incorporation of international law into domestic law?
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Which case emphasized the significance of international law in supporting statutory interpretation rather than creating rights?
Which case emphasized the significance of international law in supporting statutory interpretation rather than creating rights?
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Which statement aligns with the dualist approach to international law in Canada?
Which statement aligns with the dualist approach to international law in Canada?
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What role do the values reflected in international human rights law play in Canadian law as illustrated in the content?
What role do the values reflected in international human rights law play in Canadian law as illustrated in the content?
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Which best describes the outcome of the case Pushpanathan concerning the Immigration Act?
Which best describes the outcome of the case Pushpanathan concerning the Immigration Act?
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Study Notes
Introduction to Legal Law
- Publicly prescribed rules that must be followed, otherwise consequences ensue.
- Processes used to resolve disputes according to societal values.
- Rules change and develop dynamically over time.
Sources of Law
-
Statutes:
- Broad, broadly applicable rules established by legislative bodies.
- Diverse examples including the Income Tax Act.
- Can be proactive or address potential future events (e.g., environmental law).
- Regulations (subordinate legislation):
- More detailed rules refining and describing broader statutory statements.
- Authorized by the Governor-in-Council.
- Less public scrutiny than statutes.
- Example: employment standards act.
-
Common Law/Case Law:
- Rules and principles established by court decisions resolving disputes.
- Principle of "stare decisis" dictates that similar cases should be decided similarly.
- Court decisions guide future decisions.
-
Constitutional Law:
- Supreme law of the country; all other laws must align.
- Sets broad principles given specific application by courts.
-
International Law:
- Rules governing relations between countries.
Lawmakers
-
Federal Parliament:
- Creates laws applicable across the entire country.
- Responsible for national government. -Constitutionally assigned responsibilities.
-
Provincial Legislatures:
- Laws specifically apply within the province.
- Constitutionally designated areas of responsibility are delegated.
-
Municipal Councils:
- Laws applying only within the municipality.
- Constitutionally assigned responsibilities.
- Responsible to the provincial government
- For matters outside municipality.
Divisions of Law
-
Public Law:
- Relationship between individuals and the government.
- Examples: constitutional law, criminal law.
-
Private Law:
- Relationship among individuals, corporations, and other entities.
- Examples: contracts, torts.
-
Civil Law:
- Disputes between individuals.
-
Criminal Law:
- Government prosecution for public wrongdoing.
- Civil law = a lawsuit.
- Criminal law = government prosecution.
Court Systems
- Hierarchical system where higher courts' decisions bind lower courts.
- Cases progress through lower courts (trial) to higher courts for appeals.
- Different courts handle different types of cases, such as fact-finding versus review.
Interpreting the Law
- Rules may not be immediately clear in statutes.
- Courts must interpret laws, potentially requiring guidelines and methods.
- Interpretation considers meaning of terms, applicability, and overall meaning of the law
The Canadian Constitution
- A framework for societal operation.
- Sets standards and regulates behaviors.
- Addresses rights, obligations, and limitations for individuals and the government
The Rule of Law
- Concerns the use of governmental power.
- Reflects nation's values regarding governance limitations, and justice.
- Ancient concept developed via multiple schools of thought and centuries.
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Description
Explore the foundational concepts of legal law, including the sources and processes used to resolve disputes. This quiz covers statutes, common law, and the dynamic nature of rules that evolve with societal values. Test your understanding of how legal principles are established and applied.
