Legal Concepts Quiz

Limitations placed on guaranteed rights and freedoms in the Charter of Rights and Freedoms, ensuring they are balanced with societal needs.

A legal test used to determine if a law limiting Charter rights is justified in a free and democratic society.

Provinces have enacted human rights codes to safeguard individual rights, ensuring fairness and equality.

The Charter of Rights and Freedoms supersedes provincial human rights codes, making them subject to its higher authority.

A legal standard where a complainant must present enough evidence to convince a court that their rights have been violated, making a strong enough case to proceed.

The Universal Declaration of Human Rights is a non-binding document, meaning it serves as a guide for countries but does not have legal enforcement power.

Complainants filing human rights complaints do not need legal representation but can navigate the process independently.

All complaints filed under provincial human rights codes are kept confidential, ensuring privacy and protection for both the accuser and the accused.

Canadian law prohibits discrimination based on disability, including people with psychological, emotional, or physical disabilities, and those struggling with addiction.

Employers are required to make reasonable accommodations for employees with disabilities. However, they can refuse if it causes undue hardship.

The Notwithstanding Clause (Section 33 of the Charter of Rights and Freedoms) allows provinces and the federal government to pass laws that override certain Charter rights.

The Notwithstanding Clause can only be used for laws that affect fundamental freedoms (e.g., freedom of expression) and legal and equity rights (e.g., right to equality).

The Notwithstanding Clause is a temporary measure that lasts for 5 years. The government has to renew it if they want to continue overriding Charter rights.

When using the Notwithstanding Clause, the government must clearly identify the specific law and the Charter section being overridden.

The Crown and Defence can raise objections to questions asked by opposing attorneys and answers given by witnesses.

If an objection is sustained (accepted), the judge will instruct the jury to disregard the evidence. This means they shouldn't consider the evidence when making their decision.

A process of resolving disputes outside of traditional courtrooms, offering potential benefits like cost-effectiveness, speed, and potentially fairer outcomes.

An informal and voluntary process where parties work directly with each other to reach a mutually agreeable solution. No third party is involved.

A non-binding process where a neutral third party helps parties reach a settlement. It can become binding if a settlement is agreed upon.

A formal process where a neutral third party, like a judge, makes a binding decision on the dispute.

A key reason for promoting ADR, reducing the burden on court systems and speeding up dispute resolution.

A key benefit of ADR, often leading to solutions that satisfy both parties involved.

A significant benefit of ADR compared to traditional litigation.

A significant benefit of ADR, resolving disputes much faster than court proceedings.

A legal system based on precedent, where judges follow prior rulings in similar cases.

The highest court in Canada, determining the ultimate interpretation of the law.

A legal process where multiple plaintiffs sue a defendant for a shared grievance.

The legal concept that judges follow rulings in similar cases.

The power of the courts to hear and decide a case.

Provincial laws dealing with family matters, including marriage, divorce, and child custody.

The legal process by which two people become married.

When someone commits a crime with a clear intention to achieve a specific outcome.

The branch of law that deals with relationships among family members.

A signed document that releases a party from liability in the event of an accident or injury. It limits a person's right to sue for personal injury, but might not always be enforceable.

Intentional acts that cause harm or loss to another. Examples include assault, battery, false imprisonment, and nuisance.

A legal process that involves specific requirements to make a marriage official and recognized by the government.

A document issued by a municipality that allows a couple to get legally married. Takes 3 months to a year to obtain.

Ceremonies conducted by a religious figure or a justice of the peace to officially join a couple in marriage.

A court order that determines how much time a child spends with each parent after a separation or divorce.

A legal system that protects children from harm and neglect. It involves various orders to ensure children's safety and well-being.

A legal principle that protects drivers from liability for passenger injuries if the passengers knowingly accepted risks, such as a driver being impaired.

A legal duty that drivers have to ensure the safety of all passengers under 16 years old. This includes making sure they are wearing seatbelts.

A Latin phrase meaning 'buyer beware.' It signifies that a purchaser assumes the risk of buying goods without disclosing defects or negative information from the seller.

A legal test used to determine causation in negligence cases. It asks whether the injury would have happened 'but for' the defendant's negligence. If the answer is yes, then the defendant is likely liable.

A legal defense to murder that requires the accused to demonstrate they committed the act in the heat of passion provoked by a sudden and significant event, leading to an immediate loss of self-control. The killing must occur during this loss of control.

A legal defense to murder that argues that the accused's intoxication impaired their ability to foresee the consequences of their actions, making them less culpable for their actions.

The most secure form of detention, where detainees are under constant guard due to a high risk of escape or reoffending. They are considered dangerous offenders who require strict supervision and control.

A legal concept where the accused commits a wrongful act for its own sake, without any ulterior motive or purpose. They simply intend to perform the act itself.

A legal professional assigned to provide free legal advice to individuals who are facing charges or interrogation at a police station. Duty council can help with bail applications, advise on pleas, or seek postponements of court proceedings.

A legal code developed in France during the Napoleonic era. It codified civil matters such as property, wills, contracts, and family law, and was influential in spreading throughout Europe due to its accessible non-technical format.

The Magna Carta is a historic document enshrining fundamental rights and limitations on royal power. Its legacy continues to influence Canadian legal systems, specifically in areas like individual freedoms and limitations of government power.