Introduction to Public and Private Law
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Questions and Answers

What characteristic defines common law?

  • It is rigid and does not adapt to new circumstances.
  • It is based solely on written statutes.
  • It adapts to changing circumstances and is flexible. (correct)
  • It is the same as civil law across all provinces.

Which of the following statements about civil law is true?

  • Civil law originated in France and includes a comprehensive civil code. (correct)
  • Quebec does not have a civil code.
  • Civil law always ignores previous court decisions.
  • Civil law regulates both criminal and civil matters exclusively.

What does the principle of rule of law imply?

  • All individuals, including those in power, are subject to the law. (correct)
  • Judicial independence is not essential to governance.
  • The executive branch has the authority to disregard the law when necessary.
  • Laws can be arbitrary based on circumstances.

Which section of the Constitution lists the exclusive powers of the federal parliament?

<p>S. 91 (B)</p> Signup and view all the answers

What is meant by constitutional supremacy?

<p>Any laws or government actions must not contradict the constitution to be valid. (B)</p> Signup and view all the answers

What must police establish to detain someone lawfully?

<p>Reasonable suspicion of a crime (D)</p> Signup and view all the answers

According to the principles of sentencing, which factor is NOT considered under the principle of proportionality?

<p>Cultural background of the offender (D)</p> Signup and view all the answers

What are individuals entitled to upon arrest or detention under s. 10 charter rights?

<p>To be informed of the reason for detainment (C)</p> Signup and view all the answers

In the case R v Wong, what was the primary reason the police could not use video surveillance?

<p>There were no legal provisions for it at the time (A)</p> Signup and view all the answers

What did the courts decide regarding the reasonable expectation of privacy in R v Tessling?

<p>It is a normative standard that can vary by context (C)</p> Signup and view all the answers

What does the term 'federal paramountcy' refer to?

<p>Federal law prevailing over provincial law (C)</p> Signup and view all the answers

In the context of standards of review, what is required for a high standard of review?

<p>A large error made by the trial judge (A)</p> Signup and view all the answers

What distinguishes trial courts from appeal courts?

<p>Trial courts receive evidence, while appeal courts review decisions (A)</p> Signup and view all the answers

Which statement is true regarding deference in appellate court reviews?

<p>High deference denotes a reluctance to overturn trial decisions (D)</p> Signup and view all the answers

What was the primary question posed during the appeal in the case R v Hussein, 2022?

<p>Was the trial judge correct in assuming the need to remove a glove? (C)</p> Signup and view all the answers

What is the purpose of the discovery phase in civil procedure?

<p>To resolve disputes without trial. (D)</p> Signup and view all the answers

Which of the following describes a court order that requires someone to pay money to another party?

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

Which method is NOT considered an alternative dispute resolution technique?

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

If a party disagrees with a court's decision, what can they do?

<p>Appeal to a higher court. (A)</p> Signup and view all the answers

In which scenario might the discovery phase involve document discovery?

<p>To share versions of statements between parties. (C)</p> Signup and view all the answers

What does a judgement creditor do?

<p>Receive payment from the judgement debtor. (C)</p> Signup and view all the answers

Which of the following actions can a civil enforcement agency undertake?

<p>Garnish wages from a judgement debtor. (A)</p> Signup and view all the answers

What is the role of a defendant in a court case?

<p>To provide a statement defending against claims. (C)</p> Signup and view all the answers

What must be proven for a law that limits a right under the Charter to be justified?

<p>It must be demonstrably justified. (C)</p> Signup and view all the answers

What is the first step of the Oakes test used to evaluate laws limiting rights?

<p>Pressing and substantial objective (D)</p> Signup and view all the answers

Which of the following is considered a reasonable restriction on rights and freedoms?

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

What recourse do individuals have if their Charter rights are infringed?

<p>They can apply to a court for remedy. (D)</p> Signup and view all the answers

Which of the following statements is true regarding property rights in Canada?

<p>They are recognized as human rights elsewhere. (C)</p> Signup and view all the answers

In the case of Didow v. Alberta Power Ltd., what was the central issue regarding property rights?

<p>Airspace over the property was infringed. (A)</p> Signup and view all the answers

Under the Charter, what is essential for a law's measures to achieve its objective?

<p>They must be designed effectively. (A)</p> Signup and view all the answers

What principle underlies the need for limiting rights according to the Charter?

<p>To protect other rights. (C)</p> Signup and view all the answers

What is required for the Crown to infringe upon Aboriginal rights according to the Sparrow framework?

<p>The Crown must have a compelling and substantial objective. (D)</p> Signup and view all the answers

What must Indigenous groups demonstrate to support their claim of Aboriginal rights, as outlined in R v Van der Peet?

<p>That the right being claimed was integral to their culture prior to European contact. (B)</p> Signup and view all the answers

What did the Royal Proclamation of 1763 signify for Indigenous-Crown relations?

<p>It established an agreement for the shared use of land between the Crown and Indigenous peoples. (B)</p> Signup and view all the answers

What was one of the outcomes of R v Sparrow in 1990?

<p>It affirmed that Aboriginal rights must be interpreted liberally and generously. (A)</p> Signup and view all the answers

How did the Indian Act of 1876 impact Indigenous rights?

<p>It was a legal framework that aimed to assimilate Indigenous peoples into Canadian society. (C)</p> Signup and view all the answers

What significant change occurred with the amendments to the Indian Act in 1951?

<p>It marked a period of decolonization for Indigenous peoples. (D)</p> Signup and view all the answers

What does section 35 of the Constitution Act of 1982 recognize?

<p>Existing aboriginal and treaty rights of Aboriginal peoples. (D)</p> Signup and view all the answers

What was a key focus of the Truth and Reconciliation Commission established in 2008?

<p>To address the impacts of residential schools on Indigenous peoples. (C)</p> Signup and view all the answers

Flashcards

Common Law

Legal system based on precedents set by previous court decisions, adapting to changing circumstances.

Civil Law

Legal system with comprehensive rules and principles in a codified body of laws.

Rule of Law

Principle that everyone is subject to and accountable to the law, regardless of power or status.

Constitution

A legal document outlining the fundamental principles, structure, and powers of a government.

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Constitutional Supremacy

The constitution is the highest law, and any law contradicting it is invalid.

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Living Tree Doctrine

The idea that the Constitution is adaptable and can evolve over time to meet changing societal needs, while maintaining its core principles.

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Federal Paramountcy

Federal laws take precedence over provincial laws in cases of conflict.

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Trial Court

The first court to hear a case, where evidence is presented and a decision is made.

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Appeal Court

A court that reviews decisions made by lower courts, looking for errors in law or procedure.

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Standard of Review

The level of scrutiny an appeal court uses when reviewing a lower court's decision.

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Defendant

The person being sued in a legal case. They provide their argument explaining why they don't owe the claimed obligation.

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Discovery

A pre-trial process where both parties share information and documents to try and reach an agreement without going to court.

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Trial

A formal court hearing where both sides present their arguments and evidence to the judge.

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Appeal

Asking a higher court to review the decision of a lower court.

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Settlement

An agreement reached by both parties outside of court. Often involves the defendant paying the plaintiff a sum of money.

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Alternative Dispute Resolution (ADR)

Methods of resolving disputes outside of court, like mediation, negotiation, or arbitration.

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Judgment

A court order stating that one person owes money to another. It can be granted as a remedy for a breach of rights or to cover costs.

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Garnishment

A legal process where a creditor intercepts money owed to a debtor to satisfy a judgment debt.

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Arbitrary Detention

Detention that is not allowed by law, is based on arbitrary law, or is carried out in an unreasonable manner.

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Reasonable Suspicion

A belief, based on credible evidence, that a person is involved in criminal activity, even if it's not yet proven.

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Right to Counsel

The right of a person being detained to have a lawyer present without delay.

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Proportionality in Sentencing

The severity of a punishment must be proportionate to the seriousness of the crime and the offender's responsibility.

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Reasonable Expectation of Privacy

A legal concept where individuals have a legitimate claim to be left alone and have their personal affairs protected.

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Reasonable Limits

Restrictions on Charter rights that are justified as being necessary to protect other rights and freedoms in a free and democratic society.

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Oakes Test

A four-part test used to determine if a law or policy that limits a right under the Charter is justified.

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Pressing and Substantial Objective

The first part of the Oakes test that asks whether the law's objective is sufficiently important to justify the infringement of rights.

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Rational Connection

The second part of the Oakes test that requires a connection between the law's measures and its stated objective.

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Minimal Impairment

The third part of the Oakes test that asks whether the law infringes rights as little as possible.

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Proportionate Effects

The final part of the Oakes test that requires the benefits of the law's objectives to outweigh the harms caused by its infringement of rights.

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Criminal Law

A branch of law that defines and punishes offenses against society.

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Substantive Criminal Law

The part of criminal law that defines the specific elements and interpretations of criminal offenses.

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Sparrow Framework

A legal framework used in Canada to determine if the Crown can infringe on Aboriginal rights. The Crown must have a compelling and substantial objective, and this objective must be within its fiduciary duty towards Indigenous peoples.

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Sui Generis

A term meaning 'of its own kind' that describes Aboriginal title, Aboriginal rights, and treaty rights. These rights are unique and derived from a special agreement between the Crown and Indigenous peoples.

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R v Sparrow (1990)

A landmark Supreme Court case that established the principle of generous and liberal interpretation of Section 35 of the Constitution Act, 1982, which recognizes and affirms existing Aboriginal and treaty rights.

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Section 35 of the Constitution Act, 1982

This section of the Canadian Constitution recognizes and affirms the existing Aboriginal and treaty rights of Indigenous peoples in Canada.

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R v Van der Peet (1996)

A Supreme Court case that established a test for determining if a claimed Aboriginal right is valid. This test requires proof of the right's integral role in the culture before European contact and reasonable continuity between pre-contact practices and contemporary claims.

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The Royal Proclamation of 1763

A historical agreement between the Crown and Indigenous peoples that established a framework for sharing land in Canada. It recognized Indigenous title and sovereignty over lands not ceded to the Crown.

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The Treaty of Niagara (1764)

A significant treaty agreement between the Crown and First Nations that laid the foundation for peaceful coexistence. It acknowledged Indigenous title and sovereignty and highlighted the importance of shared land and resources.

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Indian Act 1876

This federal legislation aimed to assimilate Indigenous peoples by controlling many aspects of their lives, including land and resource access. It has been criticized for its oppressive nature towards Indigenous communities.

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Study Notes

Module 1

  • Public Law: Relationship between individuals and society (e.g., criminal law, constitutional law, administrative law, taxation law).
  • Private Law: Relationship between individuals and individuals, including corporations (e.g., contract law, tort law, property law, family law).
  • Why do we need laws?: To ensure consistent outcomes for similar actions, regulate business, and establish consistent standards for sentences.
  • Legislation: Laws created by governments (federal or provincial).
  • Legislative Process: A three-branch process (executive, legislative, judicial) with the legislative branch responsible for creating legislation.
  • Life Cycle of Legislation: Begins as a proposal, moves through stages (first reading, committee stage, etc.) and requires royal assent for final approval.
  • Interpreting Legislation: Methods for interpreting unclear laws include the plain meaning, contextual, and purposive approaches.

Module 2

  • Constitution: The foundation of legal claims in a state, defining power distribution and ensuring laws conform.
  • Constitutional Supremacy: The constitution is the highest law, and any laws inconsistent are invalid; it acts as a 'mirror' reflecting national principles.
  • Constitutional Change: Gradual and limited evolution that retains core principles.
  • Federalism: Balancing centralized government with provincial/territorial autonomy in governing.

Module 3

  • Trial Courts: Handle initial cases (single judge, evidence collection).
  • Appeal Courts: Reviews trial decisions (multiple judges, limited new evidence).
  • Provincial Superior Courts: Both trial and appeal functionality.
  • Standards of Review: High standard demands large errors; low permits smaller ones to be addressed.
  • Deference: Describes how readily an appeal court addresses lower court decisions (high deference=reluctant to change, low/no deference=more willing to intervene).
  • Court Case Example (R v Hussein, 2022/R v Morin-Poitras, 2022): These cases demonstrated the application of standards of review

Module 4

  • Administrative Tribunals: Crucial for resolving disputes outside courtrooms, acting as law-applying bodies.
  • Civil Litigation: Process of settling disputes outside of criminal court, with parties using court documents (pleadings, discovery, trial, and decision/judgement), to resolve disputes without going to trial.
  • Resolution Without Trial: Alternatives include settlements and alternative dispute resolution (ADR) methods.

Module 5

  • Criminal Law: Wrongs against society (substantive, definition and interpretation; procedural, rules of investigation and trial processes).
  • Sources of Criminal Law: Federal and provincial jurisdictions are involved in enacting and enforcing laws.
  • Regulatory Offenses: These describe prohibited actions, with no need to prove intent - just the act itself.
  • Summary Vs. Indictable Offenses: Summary offenses have comparatively lower maximum penalties compared to Indictable offenses.

Module 6 & 7

  • Indigenous Law: Legal traditions of Indigenous groups, distinct from settler law.
  • Aboriginal Law: Laws created by Indigenous people concerning their Indigenous traditions.
  • Settler Law: Laws created by settlers concerning Indigenous peoples.
  • Aboriginal Title: Specific rights related to historical land ownership for Indigenous groups.
  • Aboriginal Rights: Rights related to the practice of traditional cultures and customs.
  • Treaty Rights: Rights arising from treaties between the Crown and Indigenous groups.

Module 8 (Pre-trial & Trial)

  • Court Levels: Structure of courts (Provincial, Superior, Courts of Appeal, Supreme Court).
  • Elements of an Offence: Actus reus (action) and mens rea (intent) requirement.
  • Defences: Possible reasons why someone isn't responsible for a crime (e.g., self-defense, mental disorder).
  • Sentencing Procedures: Guiding principles that inform the justice system.

Module 9 (Detention & Procedure)

  • Detention: Types of detention (physical, legal, psychological).
  • Factors of Detention: Circumstances affecting detention legitimacy (police intentions, behaviors, etc.)
  • Arbitrary Detention: Detention that doesn't comply with legal requirements.
  • Case Study (R v Mann): Applying police powers and reasonable suspicion during detention.

Module 10 (Rights, Procedure)

  • Rights Against Unreasonable Search and Seizure: Balancing legal authority with individual rights.
  • Remedies: Possible outcomes if someone's rights are violated (e.g., stay of proceedings, damages, and costs).
  • Pre-Trial Procedures: Steps before a trial (intake, bail, appearance).
  • Procedures: Steps that take place before, during, and after a trial.
  • Plea or Plea Bargains Discussions that can resolve a case before trial.

Module 11 (Freedoms & Case Studies)

  • Freedom of Expression: Exploring limitations in cases like (R v Keegstra).
  • Reasonable Restrictions: Balancing freedom with other rights and interests.
  • Case Studies: Use of cases to explore complex legal situations.

Module 12 (Categories of Law)

  • Categories of Law: Analysis of laws categorized in different ways.
  • Sacred Law: Based on spiritual beliefs, customs, and ancient practices.
  • Natural Law: Based on natural observation and common sense of humanity.
  • Deliberative Law: Laws based on agreement and consensus within a group
  • Positive Law: Rules created by people, institutions or governments.
  • Customary Law: Rules based on long-standing practices.

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This quiz covers the essential concepts of public and private law, including their definitions, the legislative process, and the importance of laws in society. You'll also learn about how legislation is interpreted and the life cycle of laws. Perfect for students studying legal principles!

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