Legal Concepts and Human Rights Law Quiz

Magna Carta

• Created in 1215
• Established the rule of law
• No one is above the law
• Everyone has equality under the law

Function of Law

• Establish rules of conduct
• Provide enforcement
• Protect rights and freedoms
• Protect society
• Resolve disputes

Restitution

• Payment made by the offender to the victim of a crime
• Civil law concept, based on vengeance and punishment for wrongs against a person
• Restitution is payment made by the offender to the victim of a crime

Mosaic Law

• Laws in the Book of Exodus (Old Testament)
• Based on the will of God
• Similar to Code of Hammurabi but with more protection of the poor
• Emphasis on respect for parents
• Focus on punishing those who commit deliberate acts
• Care for the poor is emphasized

Habeas Corpus

• Established via Rule of Law
• "You must have the body"
• Ensures that arrested or detained people are presented to a judge to determine the validity of the arrest.
• Guarantees a court appearance in a reasonable time frame
• Unlawfully arrested people are released

Constitutional and Law-makers

• 1982 Constitution included the charter of rights and freedoms
• Reasonable Limits on rights and freedoms
• Tested in R.v Oakes case (1986)
• Criteria for imposed limits in S1 of the charter.

Meaning of Human Rights Code

• All provinces have enacted a human rights code that is periodically amended.
• Subject to the Charter of Rights
• Will be struck down if violating the Charter

1988 Ford v. Attorney general of Quebec

• Quebec's Bill 101 (public signs in French) was invalid for violating freedom of expression (s2) of the Charter of Rights and Freedoms.
• Quebec passed Bill C178, which invoked the notwithstanding clause to allow "French Only" signs to stand

Types of Evidence

• Direct Evidence: Testimony proving a fact (e.g., eyewitness account)
• Circumstantial Evidence: Indirect evidence leading to an inference (e.g., physical evidence)
• Character Evidence: Evidence of a person's character to show likelihood of committing a crime
• Electronic Surveillance: The use of devices to record communications. Pre-authorized by judges is admissible.
• Polygraph Tests: Measures physical reactions. Not admissible in court.
• Voire Dire: A mini-trial to determine admissibility of evidence.
• Physical Evidence: Fingerprints, DNA, Blood, footwear prints

Duty to Accommodate

• Employers have a legal duty to accommodate employees with disabilities or other needs
• Not expected to undertake undue hardship with accommodations.

Types of Murder

• First-Degree Murder: Planned and deliberate, with a scheme. The victim being an officer or prison official makes it a capital crime (in U.S.).
• Second-Degree Murder: All other types of murder. Minimum sentence is life in prison, with the possibility of parole after 10 years.

Non-Culpable Murder

• Accidents like no intent or self defence

Burden of Proof

• Obligation to prove the guilt of the accused
• Beyond a reasonable doubt.
• Criminal cases, burden of proof is with the Crown. (in civil cases, burden of proof is with the plaintiff.)
• Proven on the balance of possibilities.

Assumption of Risk

• Individuals may understand and accept risks in certain activities
• If plaintiff knew the risk and still participated they may (in some cases) have to pay less for damages (or even nothing.)
• Signed waivers of risk may or may not be enforceable.
• A risk may be assumed when there is awareness of, or knowledge of the risk before entering into the interaction or activity and then subsequent accepting of the risk.

Intentional Torts

• Deliberate harm/loss. (e.g. assault and battery, false imprisonment, nuisance).

Marriage Requirements

• Varies by province with specific requirements.
• Issuing a marriage license
• Performing the marriage ceremony.
• Establishing and requiring an age.
• Registering the marriage.

Labour Law Violation

• Each province has employment legislation with basic protections.

Driving Liability

• Drivers are responsible for the safety of passengers.
• Passengers that know of the driver's impairment may be considered to have assumed the risk voluntarily.

Caveat Emptor

• Latin for "buyer beware"
• Seller not legally obligated to disclose negative facts that might dissuade the buyer.
• Buyer must accept the consequences of their actions.

Police Search

• Only valid with a warrant.

Property Crimes

• Includes Arson, Fraud, Possession of Stolen goods, Break and Enter, and various forms of fraud

Possession of Stolen Goods

• Criminal act for knowing possession of stolen goods
• Penalties depend on value

Fraud

• Intentional deception causing property loss
• Crown prove actions could cause the property loss.

Actus Reus

• The act that causes harm.
• May be an action, omission, or state of being.
• Required to be voluntary (not forced).

Statute of Limitations

• Time limit for prosecuting a crime
• No time limit for indictable offences.

Vicarious Liability

• Person held responsible for another's tort (e.g., employer liable for employee's actions in certain situations.)

Alternative Dispute Resolution (ADR)

• Resolving disputes without resorting to court.
• Less costly and quicker than traditional litigation.
• May be more favorable for parties than a formal court process.
• Can include Negotiations or Mediation
  • Negotiation: Informal and voluntary process, parties try to reach a mutual agreement.
  • Mediation: Non-binding process, third party helps parties reach a resolution (binding if settlement is reached.)

Stare Decisis

• Decision to stand by former decisions of other cases within the same jurisdiction.
• Ruling in a past case can be used as precedence for today's cases.

Specific Intent

• Committing a wrongful act with a specific goal in mind (e.g., to accomplish another purpose).
• More challenging to prove than general intent crimes

Oakes Test

• Four-step criteria to determine if Charter rights have been violated related to actions by the law.
• Courts assess to see if law infringing the rights are necessary (Minimal impairment test) and proportionate to the goals of the law.

Opinion Statements

• Statements expressing opinions, or beliefs, are not always acceptable in courts unless they are made by an expert who is qualified in the specific field.

Jurisdiction of Marriage and Family Law

• Family Law is overseen by the Provincial level of Government.

Different types of Evidence

• Evidence must be relevant and important to the particular crime.
• Evidence must be material (relevant) to the crime and be necessary in convicting someone.