Podcast
Questions and Answers
What is the primary purpose of punitive damages?
What is the primary purpose of punitive damages?
A voluntary assumption of risk means an individual is unaware of the risks involved in an activity.
A voluntary assumption of risk means an individual is unaware of the risks involved in an activity.
False (B)
What is a tort?
What is a tort?
A wrongful action leading to harm or injury.
An _____ is a court order to make a person stop doing something.
An _____ is a court order to make a person stop doing something.
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Match the types of torts with their descriptions:
Match the types of torts with their descriptions:
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Which of the following is a defense against tort claims?
Which of the following is a defense against tort claims?
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What is meant by 'economic tort'?
What is meant by 'economic tort'?
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In contract law, a breach occurs when both parties fulfill their contractual obligations.
In contract law, a breach occurs when both parties fulfill their contractual obligations.
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Which of the following is NOT an example of public law?
Which of the following is NOT an example of public law?
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Public law governs the relationship between private individuals without state involvement.
Public law governs the relationship between private individuals without state involvement.
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What is the primary purpose of public law?
What is the primary purpose of public law?
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_____ Law regulates agreements between parties, such as buying and selling goods.
_____ Law regulates agreements between parties, such as buying and selling goods.
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Match the following types of law with their descriptions:
Match the following types of law with their descriptions:
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Which statement best describes private law?
Which statement best describes private law?
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Administrative Law is a type of private law focused on individual disputes.
Administrative Law is a type of private law focused on individual disputes.
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What is the key difference between public law and private law?
What is the key difference between public law and private law?
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What is required for a contract to have a lawful purpose?
What is required for a contract to have a lawful purpose?
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A child is defined as anyone under the age of 18 years in all circumstances.
A child is defined as anyone under the age of 18 years in all circumstances.
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What type of contract is suggested by a person's actions?
What type of contract is suggested by a person's actions?
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Children's rights should ensure that they are not discriminated against based on their __________.
Children's rights should ensure that they are not discriminated against based on their __________.
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Match the following terms with their definitions:
Match the following terms with their definitions:
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What is the key principle regarding the best interests of the child?
What is the key principle regarding the best interests of the child?
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Children have the right to life, survival, and development.
Children have the right to life, survival, and development.
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Can a child legally emancipate in Ontario?
Can a child legally emancipate in Ontario?
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At what age can a youth leave home without involving CAS?
At what age can a youth leave home without involving CAS?
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Occupiers have a duty to protect trespassers on their property to the same level as guests.
Occupiers have a duty to protect trespassers on their property to the same level as guests.
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What is the right of employees to refuse unsafe work based on?
What is the right of employees to refuse unsafe work based on?
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Employees have the right to _______ unsafe work if they believe it endangers them.
Employees have the right to _______ unsafe work if they believe it endangers them.
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Match the workplace rights with their descriptions:
Match the workplace rights with their descriptions:
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Which of the following is NOT a federal law that protects employees?
Which of the following is NOT a federal law that protects employees?
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Occupiers are liable for injuries resulting from risks that entrants willingly assumed.
Occupiers are liable for injuries resulting from risks that entrants willingly assumed.
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Name one document a youth should take when leaving home.
Name one document a youth should take when leaving home.
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What is the primary purpose of a polygraph test?
What is the primary purpose of a polygraph test?
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Leading questions are allowed during direct examination of a witness.
Leading questions are allowed during direct examination of a witness.
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What type of statements are not allowed in court because the original speaker is unavailable?
What type of statements are not allowed in court because the original speaker is unavailable?
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An ______ witness provides specialized knowledge to help the court make a decision.
An ______ witness provides specialized knowledge to help the court make a decision.
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Which of the following is a reason to exclude evidence in court?
Which of the following is a reason to exclude evidence in court?
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Match the following terms with their meanings:
Match the following terms with their meanings:
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What is the role of opening statements in a trial?
What is the role of opening statements in a trial?
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Immaterial evidence can still be relevant to a court case.
Immaterial evidence can still be relevant to a court case.
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Study Notes
Table of Contents
- Section A: Multiple Choice (25 marks, 25 minutes), Knowledge
- Section B: Compare and Contrast (20 marks, 15 minutes), Application
- Section C: Case Analysis (18 marks, 25 minutes), Thinking/Application
- Section D: Case Analysis (12 marks, 25 minutes), Thinking/Application
- Total: 65 marks, 90 minutes
What is Law and Historical Roots of Law
- Public Law deals with issues affecting society as a whole, including the relationship between individuals and the state/government.
- Examples: Criminal Law (punishing crimes), Constitutional Law (protecting rights), Administrative Law (regulating government agencies), Tax Law (rules about taxes)
- Purpose: maintaining order, protecting society, upholding public interests
- Private Law (Civil Law) deals with disputes between individuals, businesses, or organizations.
- Examples: Contract Law (agreements), Tort Law (compensation for harm), Family Law (divorce, custody, support), Property Law (rights and ownership)
- Purpose: resolving disputes, ensuring fairness
Key Differences in Law
- Public law focuses on rules and offenses affecting the public, enforced by the government.
- Private law focuses on conflicts between private individuals or entities, usually resolved in civil courts.
Functions of Law
- Establishing rules of conduct (e.g., Highway Traffic Act, Youth Criminal Justice Act)
- Providing enforcement for laws to be meaningful
- Protecting rights and freedoms (e.g., life, property, Charter of Rights)
- Providing protection for society (e.g., Labour Law, Criminal Law)
- Providing a basis for settling disputes (Civil Law)
Bill to Law-Stages of Bill Becoming a Law
- First Reading: Introduction in either the House of Commons or Senate, explaining its purpose.
- Second Reading: Debate and vote on the bill's principle.
- Committee Stage: Detailed study and suggested amendments by a committee.
- Report Stage: Committee reports back to the house, considering further amendments.
- Third Reading: Final debate and vote on the bill's final form.
- Senate Approval: Bill goes to the Senate for a similar process if originating in the House or vice versa.
- Royal Assent: Governor General's formal approval, making the bill law.
Criminal Law Basics
- A crime consists of two elements:
- Actus Reus (Guilty Act): Physical action or omission. e.g., Theft, requires taking property without permission)
- Mens Rea (Guilty Mind): The mental intent behind the crime (e.g., intentionally planning to take property, knowing it's not yours).
Perpetrators of Crime
- Principal Offender: Directly participating in the crime
- Aider: Assisting the principal offender
- Abettor: Encouraging or instigating the crime
- Accessory: Helping before or after the crime
- Corporate Perpetrators: Organizations committing offences like fraud, environmental violations.
- Rules of Evidence: Crucial in proving any criminal case, providing a framework to gather, preserve, and analyze evidence.
Types of Evidence
- Direct Evidence: Directly proves a fact without any inferences.
- Circumstantial Evidence: Suggests a fact but doesn't definitively prove it directly.
- Character Evidence: Shows traits like honesty, to establish how a person might act.
- Electronic Surveillance: Using technology (e.g., cameras) to monitor activities.
- Polygraph Test: Measures physical responses to ascertain truthfulness.
- Leading Questions: Questions suggesting the answer (generally not allowed in direct examination).
- Hearsay Statements: Statements made outside of court, not directly from the speaker themselves; rarely allowed in court.
- Opinion Statements: Personal beliefs, not factual information.
- Expert Witness Testimony: Knowledge from specialized fields.
- Immaterial or Irrelevant Evidence: Unrelated to the case.
Trial Process
- Pre-trial: Evidence disclosure, pre-trial motions, jury selection.
- Opening Statements: Prosecution/Plaintiff presents their case, potentially including Defence.
- Presentation of Evidence: Prosecution/Plaintiff witnesses and evidence presented, followed by cross-examination by the Defence (and vice-versa)
- Closing Arguments: Summary of cases, highlighting key evidence, by both sides
- Judge's Instructions: Explains the law to the jury.
- Deliberation and Verdict: Jury's decision.
Legal Defenses
- Mistake of Fact: Misunderstand key fact, negating intent (e.g., unknowingly taking someone else's property).
- Duress: Forced to commit a crime under threat.
- Self-Defense: Reasonable force to protect oneself, others, or property.
- Mental Disorder (Not Criminally Responsible): Lacking understanding of actions due to a mental disorder.
- Intoxication: May reduce liability under certain circumstances, particularly if involuntary.
- Necessity: Committing a crime to avoid greater harm.
- Provocation: Reduce murder to manslaughter in certain situations involving passion.
- Automatism: Involuntary actions (e.g., sleepwalking, medical condition).
- Consent: Victim's agreement to action (e.g., in sports).
- Alibi: Accused was elsewhere at the time of the crime.
Torts
- A wrongful action leading to harm or injury (negligence, trespass, defamation)
- Types of Torts: Negligence, Contributory Negligence, Voluntary Assumption of Risk, Illegality, Vicarious Liability, Trespass to Goods, Land, Person, Nuisance.
Contract Law
- Agreement between parties with consideration. Must have capacity, intention to enter into contract, offer, acceptance, and consent to form a valid contract.
- Types of contracts (verbal/written, implied)
- Key aspects (offer, acceptance, consideration, capacity, intention, consent).
Family Law
- Covers marriage, divorce, child support, custody, spousal support, property division, based on the best interests of the child.
Occupier's Liability
- Duty of care to protect people on the premises from foreseeable harm.
- Scope: Typically applies to lawful visitors.
- Exceptions: Risks willingly assumed by entrant; injuries resulting from activities the visitor engaged in.
- Province-specific variations in standards of care.
Labour/Workplace law
- Right to know: Hazards, potential dangers.
- Right to participate: Safety committees.
- Right to refuse unsafe work: Protecting health and safety.
- Right to protection from discrimination: Workers' rights.
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Description
Test your knowledge on the fundamentals of law and its historical foundations. This quiz covers both public and private law, focusing on key areas such as criminal law, contract law, and constitutional law. Engage with multiple choice questions, case analyses, and comparative assessments.
