Legal Concepts and Definitions Quiz

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.

Remaining Legal Rights (Sections 9-13)

• 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).

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.