Legal Concepts and Definitions Quiz
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Questions and Answers

What is the primary distinction between a rule and a law?

  • Laws apply to specific groups, while rules apply to everyone.
  • Rules are less severe in punishment, while laws have more severe punishments. (correct)
  • Rules are made by governments, while laws are not.
  • Laws are only applicable in private settings while rules are applicable to public settings.

    • In a criminal trial, who bears the onus of proof?

  • The plaintiff.
  • The crown prosecutor. (correct)
  • The judge.
  • The defendant.

    • Which of the following best describes the burden of proof in a civil trial?

  • Unanimous agreement of all parties
  • A preponderance of evidence.
  • Balance of probabilities. (correct)
  • Beyond a reasonable doubt.

    • Which division of law primarily deals with relationships among people living together?

    <p>Family law.</p> Signup and view all the answers

    What does substantive law primarily define?

    <p>The legal rights and responsibilities of citizens.</p> Signup and view all the answers

    What is the primary function of procedural law?

    <p>To outline the steps for enforcing substantive law.</p> Signup and view all the answers

    Which of the following best describes the concept of 'retribution' as seen in the Hammurabi Code?

    <p>Punishing the offender in a way that mirrors the offense.</p> Signup and view all the answers

    What was a major contribution of Roman law to the development of modern legal systems?

    <p>The creation of a codified system of laws.</p> Signup and view all the answers

    Which historical method of settling legal disputes involved the accused having friends testify on their behalf?

    <p>Trial by Wager of Law</p> Signup and view all the answers

    What is the significance of 'precedent' in common law?

    <p>It guides judges to rule similarly in similar cases, promoting consistency.</p> Signup and view all the answers

    What is one of the principal functions of the Canadian Constitution?

    <p>To determine the division of law-making powers between federal and provincial governments.</p> Signup and view all the answers

    What does 'ultra vires' mean in the context of Canadian constitutional law?

    <p>A law that is outside the jurisdiction of the government that passed it.</p> Signup and view all the answers

    What is the role of the Senate in the process of a bill becoming law in Canada?

    <p>To act as a peer-review body that studies and edits the bill.</p> Signup and view all the answers

    In Alternative Dispute Resolution, what distinguishes 'arbitration' from 'mediation'?

    <p>Arbitration involves a third party making binding decisions, while mediation involves a third party guiding a solution.</p> Signup and view all the answers

    What element of security is inherently attached to Charter Rights?

    <p>They are enforced by Canadian courts if violated.</p> Signup and view all the answers

    According to the Charter, what is the primary purpose of Section 1?

    <p>To allow for reasonable limits to rights and freedoms in a free and democratic society</p> Signup and view all the answers

    In the context of Charter challenges, what is the role of the Supreme Court of Canada (SCC)?

    <p>To interpret and apply the Charter, determining the boundaries of rights and freedoms in specific cases</p> Signup and view all the answers

    Which of the following is a stated disadvantage of the Charter of Rights and Freedoms?

    <p>It grants excessive power to judges.</p> Signup and view all the answers

    What is the primary focus of Section 2 of the Charter?

    <p>Fundamental freedoms, including religion, thought, expression and assembly</p> Signup and view all the answers

    According to the provided document, what characteristic is required for a belief to be considered a religion?

    <p>A demonstration of a practice of belief having a hexus which calls for a mandatory line of conduct to be made</p> Signup and view all the answers

    Which of the following is a justifiable limitation of freedom of expression?

    <p>Expressions of hatred toward a particular group</p> Signup and view all the answers

    What condition distinguishes a peaceful assembly from an unlawful one?

    <p>The presence of violence, disturbance, fear, or looting</p> Signup and view all the answers

    What does Section 7 of the Charter primarily protect?

    <p>The right to life, liberty, and security of the person</p> Signup and view all the answers

    Which aspect of 'security of the person' is protected under Section 7?

    <p>Protection from government imposed stress that goes against psychological integrity</p> Signup and view all the answers

    What is the significance of Section 8 of the Charter?

    <p>It protects against unreasonable search and seizure</p> Signup and view all the answers

    According to the content, what is the purpose of Section 10 of the Charter?

    <p>To inform individuals promptly about the reason for their arrest or detention and their legal rights</p> Signup and view all the answers

    Which of the following rights is protected under Section 11 of the Charter?

    <p>The right not to be forced to testify against themselves</p> Signup and view all the answers

    What does section 12 of the Charter prohibit?

    <p>Cruel and unusual punishment</p> Signup and view all the answers

    Which statement best summarizes the protections granted under Section 13 of the Charter?

    <p>Witness testimony cannot be used against them in later proceedings, except in cases of perjury</p> Signup and view all the answers

    What is the key difference between ‘illegal’ and ‘criminal’ behaviour according to the text?

    <p>Illegal behaviour may result in fines or suspensions, while criminal behaviour may result in imprisonment</p> Signup and view all the answers

    In a civil trial, what is the standard of proof required for the plaintiff to be successful?

    <p>Balance of probabilities</p> Signup and view all the answers

    Which type of damages is intended to compensate the plaintiff for out-of-pocket expenses incurred before the trial due to their injuries?

    <p>Special Damages</p> Signup and view all the answers

    What does the term 'litigants' refer to in the context of a legal action?

    <p>The parties who are involved in the legal suit</p> Signup and view all the answers

    Which of the following best describes the concept of 'mens rea' in criminal law?

    <p>The guilty mind or mental state of the accused.</p> Signup and view all the answers

    Which of these is NOT a type of damage that can be awarded in a civil suit?

    <p>Vindicative damages for a criminal conviction</p> Signup and view all the answers

    An injunction is best described as:

    <p>A court order to do or not do something</p> Signup and view all the answers

    What is the key difference between 'strict liability' and 'absolute liability' offences?

    <p>Strict liability allows the accused to prove due diligence, while absolute liability does not.</p> Signup and view all the answers

    In the context of negligence, what does 'causation' refer to?

    <p>A specific link between the defendant's actions and the plaintiff's harm.</p> Signup and view all the answers

    Which scenario best describes the act of 'abetting' a crime?

    <p>Encouraging someone to commit assault while being present during the act.</p> Signup and view all the answers

    In the context of a homicide, what is the crucial difference between 'culpable' and 'non-culpable' homicide?

    <p>Culpable homicide is blameworthy while non-culpable homicide is not.</p> Signup and view all the answers

    Which defense to negligence involves the plaintiff's own actions contributing to their injury?

    <p>Contributory Negligence</p> Signup and view all the answers

    Which of the following scenarios would most likely be classified as 'first-degree murder'?

    <p>A planned and intentional killing as an act of terror.</p> Signup and view all the answers

    An occupier of a property has a duty of care to all, EXCEPT:

    <p>People who haven't been there before</p> Signup and view all the answers

    What is the legal definition of 'manslaughter'?

    <p>Causing death through an unlawful act without intention that is reckless.</p> Signup and view all the answers

    What legal concept involves holding an owner responsible for the actions of someone who uses their property?

    <p>Vicarious Liability</p> Signup and view all the answers

    What is the significance of 'provocation' in relation to manslaughter?

    <p>It allows the accused to argue diminished criminal responsibility due to an action or an insult that would cause a normal person to lose their reasonable control.</p> Signup and view all the answers

    What is assault, as it's defined in the context of tort law?

    <p>The threat of imminent harm or violence that causes fear.</p> Signup and view all the answers

    What is the definition of false imprisonment, regarding a possible tort?

    <p>Confining a person within a specific space without their consent</p> Signup and view all the answers

    How does the crime of 'infanticide' differ from other forms of homicide?

    <p>It can only be committed by the mother of a newborn who is experiencing postpartum depression.</p> Signup and view all the answers

    What is the essential element that elevates a simple assault to an 'assault causing bodily harm'?

    <p>Bodily harm that interferes with the victim's health or comfort for an extended period.</p> Signup and view all the answers

    Which level of government in Canada has jurisdiction over the solemnization of marriage?

    <p>Provincial government</p> Signup and view all the answers

    What is the legal term for a court order declaring a marriage invalid from the beginning?

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

    Which factor distinguishes 'aggravated assault' from 'assault causing bodily harm'?

    <p>Aggravated assault involves causing bodily harm that wounds, maims, disfigures, or endangers life.</p> Signup and view all the answers

    What is the 'actus reus' in the context of a sexual assault?

    <p>The sexual touching without consent.</p> Signup and view all the answers

    Which essential requirement for marriage relates to the ability or capacity to consent to the marriage?

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

    What is the definition of 'arson' under property crimes?

    <p>The intentional or reckless causing of damage by fire or explosion to property.</p> Signup and view all the answers

    In Canada, what is the crime of marrying more than one person called?

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

    How is 'robbery' distinguished from 'theft'?

    <p>Robbery involves violence or the threat of violence, while theft does not.</p> Signup and view all the answers

    What are the key components of 'criminal harassment'?

    <p>Repeatedly stalking and threatening an individual to make them fear their safety.</p> Signup and view all the answers

    In civil law, what is the primary purpose of a civil action?

    <p>To compensate the victim for their losses.</p> Signup and view all the answers

    Which of the following is NOT a ground for divorce under the Divorce Act?

    <p>Lack of capacity at the time of marriage.</p> Signup and view all the answers

    What is a requirement for couples to demonstrate when claiming an irreparable breakdown of marriage based on separation?

    <p>They must have lived apart for one year or ceased participating in family events and chores.</p> Signup and view all the answers

    In Ontario, what specific requirement is necessary to prove abuse as grounds for divorce?

    <p>Physical abuse or the presence of mental abuse that makes living together impossible for a year.</p> Signup and view all the answers

    According to the provided information, what is 'Reasonable Access' in a custody arrangement?

    <p>Access that is flexible and allows for regular time with the non-custodial parent.</p> Signup and view all the answers

    In the case of AA vs BB, what was the final decision regarding the number of legal parents a child could have?

    <p>The child could legally have three parents.</p> Signup and view all the answers

    In the case of Prevost vs Vetter, what was the blood alcohol level of Desiree Vetter at the time of the accident?

    <ol start="120"> <li></li> </ol> Signup and view all the answers

    In the case of Prevost vs Vetter, what was the primary basis for awarding damages to Prevost?

    <p>The negligence of Desiree Vetter.</p> Signup and view all the answers

    In the case of Hunt vs Sutton Realty, what was the cause of Ms.Hunt's injuries?

    <p>A car accident after leaving the pub.</p> Signup and view all the answers

    Why were Ms.Hunt’s damages significantly reduced from the original calculation?

    <p>She was found to be contributorily negligent.</p> Signup and view all the answers

    In the case of Cowles vs Balac, what type of warning were the couple lacking at the African Lion Safari?

    <p>They received no warnings about the animals.</p> Signup and view all the answers

    What category of damages are both pecuniary and non-pecuniary included in as mentioned in the case of Cowles vs Balac?

    <p>General Damages.</p> Signup and view all the answers

    In Teno vs Arnold, who was found to be primarily liable for Diane Teno's injuries?

    <p>Stuart Galloway and his employer.</p> Signup and view all the answers

    In Mustapha vs Culligan, what was the primary reason why the Supreme Court ruled in favour of Culligan?

    <p>The injuries were not foreseeable.</p> Signup and view all the answers

    What was the nature of Mustapha's damages in Mustapha vs Culligan?

    <p>Emotional distress and personality changes.</p> Signup and view all the answers

    Which of the following is an element necessary to file for divorce citing adultery?

    <p>Proof of a sexual relationship with someone else.</p> Signup and view all the answers

    Study Notes

    Why do we have Laws?

    • Laws are rules that apply to everyone in a society, enforced by the government.
    • Without laws, societal order is undermined, leading to a "survival of the fittest" scenario.
    • Rules apply to specific groups, while laws are universally applicable.
    • Punishments for breaking laws are generally more severe than for breaking rules.

    Public vs Private Law (Criminal and Civil Procedures Compared)

    • Criminal/Public Trial: The state (Crown prosecutor) prosecutes an individual accused of breaking the law (e.g., theft, drugs).
    • Civil/Private Trial: Two individuals or groups dispute a matter (e.g., injury, contract). The plaintiff sues the defendant.
    • Parties Involved:
      • Criminal: Crown (Regina/Rex) vs. Defendant.
      • Civil: Plaintiff vs. Defendant.
    • Grounds/Reason:
      • Criminal: To determine guilt or innocence.
      • Civil: To resolve the dispute.
    • Purpose of Action:
      • Criminal: To punish the offender.
      • Civil: To compensate the victim.
    • Onus/Burden of Proof:
      • Criminal: On the Crown to prove guilt "beyond a reasonable doubt".
      • Civil: On the Plaintiff to prove their case "on the balance of probabilities".
    • Divisions of Law:
      • Criminal law, Constitutional law, Administrative law.
      • Family law, Contract law, Tort law, Property law, Labour law.
    • Result/Action Taken:
      • Criminal: Accused found guilty or not guilty.
      • Civil: Defendant found liable or not liable.
      • Criminal: Sentence (e.g., imprisonment).
      • Civil: Compensation or remedy.

    Divisions of Law

    • Substantive Law: Defines rights and responsibilities of citizens. Rights are limited by effects on others
    • Procedural Law: Outlines steps for enforcing substantive law (e.g., arrests, searches). Involves procedures for authorities.

    Early History of Law

    • Hammurabi Code: Oldest known written set of laws focusing on retribution.
    • Moses Mosaic Law: Focused on restitution and presented for Hebrew society.
    • Greeks: Introduced concepts of democracy and right to trial by jury for their citizens.
    • Roman Law: Established the Law of the Twelve Tables, a displayed legal code. This led to development of lawyers and the Justinian Code. These formed the basis of many modern codes of law.
    • Feudalism: Different lords had different laws.
    • 12th Century England: Developed trial methods:
      • Trial by Wager of Law, Trial by Battle, Trial by Ordeal; Outlawed in 1215 except for witchcraft.
    • Trial by jury systems developed over time.

    Case Law vs Statute Law

    • Statute Law (legislation): Laws made by parliament, scrutinized by courts for fairness.
    • Case Law (common law): Judges' decisions recorded in case law, influenced by precedent and reported cases. Not made by governmental bodies.
    • Rule of Precedent: Judges follow similar rulings for similar offences; offers guidance, consistency, and certainty but is not permanent.

    Types of Trials

    • Trial by Ordeal: A method of trial involving fire, water tests or religious ordeals to determine innocence.

    Canada's Constitution

    • The Constitution Act (1982) outlines powers of federal and provincial governments.
    • Division of powers:
      • Federal jurisdictions (39 areas).
      • Provincial jurisdictions (30 areas).
    • Amending formula: Procedure for changing the constitution.
    • Any laws outside of a government powers is considered ultra vires.
    • Process of a bill becoming law:
      • Introduction in the House of Commons, edits by the Senate and a final signing by the Governor General.

    Alternative Dispute Resolution

    • Negotiation: Two parties working through issues toward a solution
    • Mediation: A neutral third party assists in reaching an agreement.
    • Arbitration: Neutral third party makes a binding decision.

    Canadian Charter of Rights and Freedoms

    • Charter Rights: Legal promises from the state to citizens; Enforceable by courts; Provide security.
    • Limitations: Rights can be reasonably limited in a free and democratic society (Section 1).
    • Supreme Court of Canada Decisions: Majority and minority decisions accompany each case, with reasoned justifications.

    Advantages and Disadvantages of the Charter

    • Advantages: Protects individual and group rights; Courts make fair decisions; Citizens can challenge discriminatory laws.
    • Disadvantages: Section 33 limits court ability to invalidate laws violating Charter; High legal costs make challenges inaccessible for many; Critics argue judicial overreach.

    Fundamental Freedoms (Section 2)

    • Conscience and Religion: Freedom to practice or not practice religion. Government can limit this when it affects other freedoms.
    • Thought, Belief, Opinion, and Expression: Freedom to communicate, express oneself. Limits, such as prohibition against hatred, may apply.
    • Peaceful Assembly: Freedom to hold peaceful public demonstrations. May be limited in the case of unlawful assembly (violence, disturbance).
    • Association: Freedom to join and be part of groups. Limited by things like parole and national emergencies.

    Life, Liberty, and Security of the Person (Section 7)

    • Protection from government infringement:
      • Life: Fundamental right to life. Related to issues like abortion and assisted suicide.
      • Liberty: Freedom to act without physical restraint; the right to make decisions.
      • Security: Includes rights to body and health, protection from harm, mental peace and psychological integrity. Deals with issues like privacy, abortion bans, and welfare denial issues.

    Search and Seizure (Section 8)

    • Evidence gathering must be lawful to avoid unreasonable search and seizure.
    • Balances private citizen need for privacy/security and societal interests.
    • Section 9: Protection from arbitrary detention or imprisonment. Officers need good legal reason to detain.
    • Section 10: Right to know reason for arrest/detention, right to legal counsel and legal aid.
    • Section 11: Rights of people charged with an offense (informed of charges, trial within set time, right to legal counsel, fair trial/jury).
    • Section 12: Protection from cruel and unusual punishments.
    • Section 13: Right for witnesses in court to not have evidence used against them later (except for perjury).

    Criminal Law Review (Unit 3)

    • Legal: Actions not in the criminal code, with no legal consequences.
    • Illegal: Unlawful actions that may result in fines, suspensions.
    • Criminal Behaviour: Actions that may result in imprisonment.
    • Summary Offence: Less serious crimes (fine, 2 yrs jail).
    • Hybrid Offence: Mid-level crimes (10 yrs imprisonment, or 18 months).
    • Indictable Offence: Serious crimes; life imprisonment; can be charged at any time.
    • Mens Rea (Guilty Mind): Intent, knowledge, recklessness, negligence, willful blindness
    • Actus Reus (Guilty Action): Voluntary action causing harm or failing to fulfil a duty; must be present when the crime takes place.
    • Strict Liability Crimes: Offences without proof of criminal intent (e.g., speeding).
    • Absolute Liability Crimes: Proof of guilt does not require proof of intent but must be directly violating a law.
    • Attempt Crimes: Crimes for planning to commit a crime.
    • Party to an Offence; aiding, abetting, procuring, accessory after the fact: Actions that legally support offence.
    • Homicide: Culpable (blameworthy), Non-Culpable (accidental).
      • Murder (1st & 2nd Degree & Manslaughter): Intentional killing
        • 1st degree = planned, in the commission of another crime, criminal harassment resulting in murder, organized terrorism.
        • 2nd Degree = intentional but not planned
        • Manslaughter = accidental or resulting from recklessness
      • Infanticide: Killing a newborn child by the mother.
    • Assault:
      • Assault: Intentional application/threat of force.
      • Assault Causing Bodily Harm: assault with an injury as a consequence.
      • Aggravated Assault: Assault that seriously injures or endangers a life.
    • Sexual Assault:
      • Sexual Assault, Assault causing bodily harm, aggravated assault: Sexual offences with 3 levels based on the harm caused.
    • Other sexual offences: Beastiality, Incest, Voyeurism, Trafficking
    • Abduction and Enticing: Forcible removal of a minor, or influencing a child against parental permission.
    • Property Crimes: Arson, Theft, Break and Enter, Robbery, Fraud.
    • Other Crimes: Terrorism, Criminal Harassment, Criminal Negligence, Mischief.

    Intro to Civil Law

    • Civil Law (Private Law): Concerns disputes among individuals or groups, not the state.
    • Purpose: Compensation for victims, not punishment.
    • Initiation: Victims initiate civil actions.
    • Examples of Civil Law Claims: Accidents, injuries, property disputes, divorce, contract breaches.
    • Crimes and Torts: Some can be both; civil lawsuits deal with remedies, while criminal cases are against the state.

    Civil Courts

    • Small Claims Court: Informal trials, limited monetary value ($35,000), no lawyers required.
    • Provincial Supreme Court: Formal trials, lawyers, potential jury (6 members), handles larger claims and serious cases.

    Trial Procedures

    • Civil Trial: Plaintiff proves case "on the balance of probabilities".
      • Plaintiff: The person suing.
      • Defendant: The person being sued.
      • Litigation: The process of suing.
      • Litigants: The parties to the action.

    Damages

    • General Damages:
      • Pecuniary: Loss of income, future care costs.
      • Non-pecuniary: Pain, suffering, loss of enjoyment of life.
    • Special Damages: Out-of-pocket expenses (medical, lost wages) before trial.
    • Punitive/Vindictive Damages: Additional damages to punish defendant.
    • Aggravated Damages: Punitive damages for outrageous behavior.
    • Nominal Damages: Awarded for a small amount to acknowledge a minor infraction

    Tort Law: Negligence

    • Tort Law: Wrongful act/omission causing harm.
    • Negligence: Plaintiff owes/breached a duty of care, defendant failed to meet expected standard.
    • Causation: Direct link between defendant’s negligence and harm.

    Negligence Defences

    • Contributory Negligence: Plaintiff's own negligence contributes to the incident.
    • Voluntary Assumption of Risk: Plaintiff knew of risk and chose to proceed.

    Special Types of Negligence

    • Occupiers Liability: Responsibility towards people on property (invitees, licensees, trespassers). Includes allurement/attractions for children.
    • Motor Vehicle Negligence: Drivers often liable for passengers. Vicarious Liability - owner/ driver might be held responsible for third party actions.

    Trespass to Person and Land

    • Assault: Threat of force; victims fear. No physical contact required.
    • Battery: Physical contact; follow through assault.
    • False Imprisonment: Unlawful confinement.
    • Trespass to Land: Entering another's property without permission.
    • Nuisance: Unreasonable use of land affecting others.

    Introduction to Family Law

    • Federal/Provincial Roles: Federal (essentials of marriage, divorce) and provincial (marriage ceremonies, property rights).
    • Essential Requirements for Marriage: Legal capacity (mental fitness), minimum age (16/18), no close relationships.
    • Grounds for Divorce: Irreconcilable differences, separation, adultery, abuse.

    Types of Access/Custody

    • Sole custody, reasonable access, defined access, and supervised access grant visiting privileges after divorce or separation concerning children.

    Cases (Note that there is no specific need to write out all case details.)

    • Key Takeaway: Multiple parties can seek legal actions depending on the specific circumstances.
    • Court decisions demonstrate the varying expectations in legal cases

    Impaired driving

    • Impaired Driving: Driving with impaired ability from drugs or alcohol while in control and ownership of a vehicle.
    • Legal Requirements: Blood alcohol level over a certain amount or refusing sobriety tests (breathalyzer).

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    Test your knowledge of fundamental legal concepts, such as the distinction between laws and rules, the burden of proof in trials, and the role of precedent in common law. This quiz covers essential principles and historical contributions to modern legal systems.

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