Law and Its Divisions Quiz
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Questions and Answers

Which type of law primarily involves the relationship between the government and individuals?

  • Private Law
  • Substantive Law (correct)
  • Procedural Law
  • Public Law

Procedural Law dictates which laws apply to specific cases.

False (B)

What is the standard of proof required in criminal law?

Guilty beyond reasonable doubt

Property Law deals with anything related to ______.

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

Match the following divisions of law with their descriptions:

<p>Criminal Law = Laws that define offences against society Tort Law = Address wrongdoings not classified under other law categories Family Law = Handles custody and divorce matters Administrative Law = Governance of citizen interactions with government agencies</p> Signup and view all the answers

What is a primary focus of Constitutional Law?

<p>Laws defining government structure and powers (A)</p> Signup and view all the answers

Criminal Law cases are based on the principle of division of responsibility.

<p>False (B)</p> Signup and view all the answers

What is the main difference between Civil Law and Criminal Law?

<p>Civil Law deals with disputes between individuals, while Criminal Law involves wrongdoing against society.</p> Signup and view all the answers

What does the sufficiency restriction in property accumulation emphasize?

<p>Individuals should acquire what they can and not hoard wealth (D)</p> Signup and view all the answers

Natural law permits unlimited personal property accumulation.

<p>False (B)</p> Signup and view all the answers

What is the principle behind the mixing of labor in relation to property rights?

<p>Individuals have the right to work for the property they accumulate.</p> Signup and view all the answers

According to the principle of spoilage, individuals should accumulate property only if they will use it before it ___

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

Match the following examples of consent with their categories:

<p>Voting rights = Explicit consent Privacy laws = Tacit consent Citizenship responsibilities = Explicit consent Using a bank account = Tacit consent</p> Signup and view all the answers

What does the harm principle prioritize?

<p>Individual freedom as long as it does not harm others (B)</p> Signup and view all the answers

Restitution as a form of punishment is considered backward-looking justice.

<p>False (B)</p> Signup and view all the answers

Name one example of an alternative to custodial sentences.

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

___ plays a key role in shaping social norms that support natural law.

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

What is a primary focus of forward-looking justice?

<p>Preventing future crimes and protecting the public (D)</p> Signup and view all the answers

What is required for a prosecution under absolute liability?

<p>No need to prove 'mens rea' (C)</p> Signup and view all the answers

Strict liability offenses do not allow for a defense of due diligence.

<p>False (B)</p> Signup and view all the answers

What begins an actus reus for an attempt to commit a crime?

<p>Taking the first step toward committing the crime</p> Signup and view all the answers

Conspiracy occurs when someone agrees to commit a _____, regardless of whether it is actually carried out.

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

Match the following terms with their definitions:

<p>Possession of prohibited weapons = State of Being Failure to assist a police officer = Liability Motive = Circumstantial evidence Conspiracy = Agreement to commit a crime</p> Signup and view all the answers

What is the main purpose of criminal law?

<p>To prosecute wrongs against society (A)</p> Signup and view all the answers

Civil law involves the government prosecuting a defendant for theft on behalf of society.

<p>False (B)</p> Signup and view all the answers

List two conditions that must exist for an action to be considered a crime.

<p>The behavior must be considered wrong by the majority of society, and it must cause serious harm.</p> Signup and view all the answers

A document describing criminal behaviors, their elements, and punishments is known as the _____ Code.

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

Match the type of law with its description:

<p>Criminal Law = Wrongs against society prosecuted by the government Civil Law = Disputes between individuals to recover losses Quasi-Criminal Law = Laws passed at the provincial level resembling criminal laws Legislation = The process of creating laws at a governmental level</p> Signup and view all the answers

Which of the following is an example of quasi-criminal law?

<p>Highway Traffic Act (A)</p> Signup and view all the answers

Criminalized behavior means making a behavior legal under the law.

<p>False (B)</p> Signup and view all the answers

Behavior that causes harm to society or an individual victim must be considered _____ for it to qualify as a crime.

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

What is the primary difference between morals and ethics?

<p>Morals concern personal beliefs of right and wrong, while ethics govern behaviors based on moral principles. (B)</p> Signup and view all the answers

Ethics are solely determined by the legal system.

<p>False (B)</p> Signup and view all the answers

What was the purpose of the Magna Carta?

<p>To limit the power of King John and establish rights for the Barons and subjects.</p> Signup and view all the answers

The Code of __________ was one of the earliest records of written law.

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

Match the legal documents with their significance:

<p>Magna Carta = Establishment of rights and limits on the monarchy Code of Hammurabi = Earliest written legal code Mosaic Law = Foundation of ethical guidelines in Judaism French Civil Code = Basis of civil law in Quebec</p> Signup and view all the answers

What is one argument against Medical Assistance in Dying (MAID)?

<p>It could result in misdiagnosis and irreversible actions. (B), It could lead to an increase in healthcare costs. (D)</p> Signup and view all the answers

The French Civil Code was created by Napoleon Bonaparte by revising existing laws.

<p>True (A)</p> Signup and view all the answers

What was the main principle of 'habeas corpus'?

<p>To ensure individuals have the right to be informed of the reasons for their detention.</p> Signup and view all the answers

The __________ system involved a hierarchical structure of land ownership.

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

Match each type of law with its characteristic:

<p>Common Law = Based on precedents and judicial decisions Civil Law = Focuses on disputes between individuals Statute Law = Written laws established by legislative bodies Divine Rights = Belief that leaders derive power from God</p> Signup and view all the answers

Which of the following best describes 'incremental acceptance' in the context of MAID?

<p>Gradual acceptance of assisted dying laws beyond initial intent. (A)</p> Signup and view all the answers

Roman law established the concept that everyone is equal under the law.

<p>True (A)</p> Signup and view all the answers

What are the Ten Commandments primarily associated with?

<p>Ethical and moral guidelines in Judeo-Christian traditions.</p> Signup and view all the answers

The moral beliefs that govern personal behavior are known as __________.

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

What is the minimum penalty for Second Degree Murder?

<p>Life in prison (A)</p> Signup and view all the answers

Homicide only refers to intentional killing.

<p>False (B)</p> Signup and view all the answers

What can lead to a reduction of charges from first-degree murder to manslaughter?

<p>Provocation or intoxication</p> Signup and view all the answers

The act of intentionally seeking out assistance to end one's life is known as ___.

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

Match the following types of assault with their definitions:

<p>Level 1 = Force or restriction (max 5 years) Level 2 = Bodily harm (up to 10 years) Level 3 = Life-threatening harm (up to 14 years)</p> Signup and view all the answers

Which of the following is classified as First Degree Murder?

<p>Planned and deliberate killing (C)</p> Signup and view all the answers

Assisted Suicide is the same as euthanasia.

<p>False (B)</p> Signup and view all the answers

What does 'Actus Reus' refer to in homicide cases?

<p>The act resulting in death</p> Signup and view all the answers

Flashcards

Substantive Law

Rules that define legal rights, obligations, and relationships between individuals and the government. It dictates how individuals can act and interact within society.

Procedural Law

Rules that dictate how the legal process should be conducted and implemented. It governs procedures like lawsuits, hearings, and appeals.

Private Law

A system of laws that governs disputes between individuals, organizations, or the state. It deals with private matters like property, contracts, and torts.

Public Law

A system of laws that governs how the government functions and its relationship with citizens. It encompasses areas such as criminal law, constitutional law, and administrative law.

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Guilty Beyond Reasonable Doubt

The highest standard of proof in criminal law. The prosecution must prove the defendant's guilt beyond any reasonable doubt that a reasonable person might have.

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Precedent

A legal principle where judges are bound by the decisions of previous cases. This ensures consistency and predictability in legal rulings.

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Criminal Law

A category of law that deals with illegal acts that threaten the well-being of society or the public order.

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Civil Law

A category of law that involves a dispute between individuals, businesses, or organizations, where the objective is to determine liability and compensation.

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What Defines a Crime?

A behavior considered wrong and immoral by a majority, causing harm to society or individuals, serious enough to warrant punishment by the criminal justice system.

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Criminal Code

The document outlining criminal behaviors, the elements needed to prove each, and the punishments.

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Quasi-Criminal Laws

Provincial laws that resemble criminal laws, but aren't part of the Criminal Code.

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Criminalize

A behavior considered unacceptable by society and made illegal through the Criminal Code or federal laws.

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Decriminalize

Actions that are no longer illegal.

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Legalize

Making an activity legal, allowing it without any restrictions.

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Absolute Liability

A crime where the prosecution doesn't need to prove the defendant's intention (mens rea) to commit the crime. The act itself is enough to establish guilt.

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Strict Liability

A crime where a defendant can avoid guilt by proving they took reasonable steps to prevent the crime, even if they lacked the intention to commit it.

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Circumstantial Evidence

Evidence that suggests guilt but doesn't directly prove it. Often used to infer the defendant's motive or intent.

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Actus Reus for Attempt

The act of taking a deliberate step towards committing a crime. The point where preparation turns into action.

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Conspiracy

An agreement between two or more people to commit a crime, even if the crime isn't actually carried out.

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Spoilage Restriction

A natural law principle arguing that individuals should only acquire as much property as they can use before it spoils.

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Sufficiency Restriction

The idea that individuals should only acquire and possess as much property as they can use or need.

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Mixing of Labor

The right to acquire property through labor or effort. You own what you create or earn.

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Individual Consent

The idea that individuals consent to be part of a political society, creating its rules and obligations.

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Tacit Consent

When individuals implicitly agree to be part of a society by their actions and participation, even without explicit consent.

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Forward Looking Justice

States that punishment should be proportionate to the crime, aimed at restoring balance and deterring future offenses.

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Backward Looking Justice

Punishment that aims to restore justice and balance for past wrongs.

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Social Norms and Natural Law

Natural law serves as the foundation for social order.

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Education's Role

Education plays a role in influencing individual behavior and shaping societal values.

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Education and Politics

The role of education in shaping individuals and their behaviors, with implications for political and social order.

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First Degree Murder

Murder with premeditation, planning, or specific intent. It can also occur in specific circumstances like killing a law enforcement officer, during another crime, or using explosives.

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Second Degree Murder

Covers all murders that don't meet the criteria for First Degree Murder. The minimum sentence is life imprisonment, typically with a minimum of 10 years.

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Homicide

The act of taking another person's life.

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Actus Reus

An act that could potentially cause harm or death. It's connected to manslaughter, which is unintentionally killing someone.

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Mens Rea

The mental state of the individual at the time of the offense. It considers their awareness of potential harm and intent to kill.

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Reduction of Charges (Murder)

A legal approach to potentially reduce charges from First-Degree Murder down to manslaughter. It involves specific claims of provocation (heat of the moment) or intoxication.

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Assisted Suicide

Providing assistance to someone to end their life, typically through medical means. It is often connected to legal frameworks for end-of-life choices.

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Euthanasia

Intentionally seeking help or guidance to end one's life, highlighting a distinct approach to death compared to assisted suicide.

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Morals

Your personal beliefs about what is right and wrong, specifically in terms of how society should function and individuals should behave.

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Ethics

Sets of moral principles that govern behavior. They are often formalized and codified within institutions.

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Moral/Ethical Statement

A broad statement that expresses a moral or ethical value. These statements are similar to laws in their general nature.

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Ethical Reasoning

The process of analyzing a moral or ethical statement by considering factors that influence your reaction and reasoning. This includes personal experiences, family values, societal views, media influence, and other relevant factors.

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MAID Laws

The legal practice of assisted suicide, also known as Medical Assistance in Dying (MAID).

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Devaluation of Life (MAID Argument)

The argument against MAID that suggests it devalues life and promotes a less dignified approach to dealing with suffering.

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Healthcare Professionals (MAID Argument)

Arguments against MAID that raise concerns about healthcare professionals potentially being involved in ending a patient's life, which they believe may conflict with their ethical obligations.

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Irreversibility (MAID Argument)

An argument against MAID based on the potential for misdiagnosis and the irreversible outcome of death, highlighting the severity of the situation.

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Historical Context (MAID Argument)

The argument that the historical condemnation of suicide raises ethical questions about changing societal views on death and the acceptability of MAID.

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Impedement of Medical Development (MAID Argument)

The argument that allowing MAID could negatively impact medical research because it could shift the focus away from finding cures and treatments for diseases.

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Consent (MAID Argument)

The argument that individuals who are mentally ill or unable to communicate may not be able to give valid consent for MAID.

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Vague Definitions (MAID Argument)

Concerns about the broad definition of eligibility for MAID leading to inconsistencies in application and potential misuse.

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Increment Acceptance (MAID Argument)

The argument that legalizing MAID could lead to a greater acceptance of assisted suicide in the future, expanding beyond initial intentions.

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Cost Pressures (MAID Argument)

The argument that MAID could create financial pressure on healthcare systems to favor assisted suicide over more expensive treatments and care.

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Rule of Law

The fundamental principle that everyone is subject to the same laws and legal processes, regardless of their social status or background.

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Habeas Corpus

The right of individuals to be informed of the reasons for their detention and to have their case heard in a court of law within a reasonable timeframe.

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Study Notes

Law Final Review

  • Units: Bold/All Caps
  • Main Topics: Bold/Underline
  • Subtopics: Italic/Underline
  • Divisions of Law:
    • Structure of Canadian Law:
      • Substantive Law (Statute/Case): Examines relationships between the government and people, using written laws (statutes) and prior court cases (precedence).
      • Procedural Law (Rules): Details the methodology of court proceedings, distinguishing between civil and criminal hearings.
    • Public Law:
      • Criminal Law: Concerns the crown vs. defendant, with standards of guilt beyond a reasonable doubt. Establishes rules defining criminal acts and offenses against society, including danger to the public.
      • Constitutional Law: Outlines the structure of federal government and divisions of power.
      • Administrative Law: Governs interactions between citizens and government agencies, including regulatory bodies and law enforcement.
    • Private Law:
      • Property Law: Deals with ownership and rights to anything on land.
      • Contract Law: Covers agreements with others through signature.
      • Labor Laws: Governs health and safety regulations in a workplace and general disputes.
      • Torts: General wrongdoings, excluding family, labor and criminal laws.
      • Family Law: Handles custody and divorce cases in a separate court jurisdiction.
      • Civil Law: Determines responsibility by dividing cases to understand who was more responsible.
  • Laws & Rules: Examination of patterns, commonalities in laws and rules including safety, behavioral patterns, reasonability, and quality of life.

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