Law and Historical Roots of Law Quiz

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.