Legal Course Exam Review
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Questions and Answers

What key principle is at stake when determining if a right has been infringed upon according to the charter?

  • The Oakes test (correct)
  • Inalienable rights
  • Absolute rights
  • Burden of proof on the government

    • In the Oakes case, what was David Oakes charged with after being found with hash oil?

  • Trafficking only
  • Distribution of a controlled substance
  • Possession and trafficking (correct)
  • Possession only

    • What does the reasonable limits clause in Section 1 of the charter allow for?

  • Justifiable limitations on rights (correct)
  • Prohibiting all charter rights
  • Infringement of rights without justification
  • Absolute protection of all rights

    • What was a significant aspect of the Narcotics Control Act mentioned in relation to the Oakes case?

    <p>It required the defendant to prove their innocence</p> Signup and view all the answers

    What major legal conflict did David Oakes bring to the court?

    <p>A violation of the new charter</p> Signup and view all the answers

    What is the primary focus of public law?

    <p>Managing the relationship between government and individuals.</p> Signup and view all the answers

    Which type of law is primarily concerned with the rights and duties of private individuals?

    <p>Private Law</p> Signup and view all the answers

    What is the main purpose of procedural law?

    <p>To set out the rules of legal conduct.</p> Signup and view all the answers

    Which of the following describes common law?

    <p>A body of law created from previous court decisions.</p> Signup and view all the answers

    Which category of law addresses issues like criminal acts and penalties?

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

    What is the function of constitutional law?

    <p>To detail the foundational laws of a nation.</p> Signup and view all the answers

    Which law type specifically addresses disputes related to personal injury or negligence?

    <p>Tort Law</p> Signup and view all the answers

    Which of the following best defines substantive law?

    <p>Laws that determine rights and duties of individuals.</p> Signup and view all the answers

    What significant event occurred in Canada in 1982?

    <p>The Constitution Act</p> Signup and view all the answers

    What was the purpose of the Meech Lake Accord in 1987?

    <p>To entice Quebec to sign the Constitution</p> Signup and view all the answers

    What is one primary role of the federal government outlined in Section 91 of the Constitution?

    <p>To manage immigration policies</p> Signup and view all the answers

    Which event marked a significant attempt to address constitutional issues in Canada in 1992?

    <p>The Charlottetown Accord</p> Signup and view all the answers

    Which document is primarily responsible for the development of human rights in Canada?

    <p>The Canadian Charter of Rights and Freedoms</p> Signup and view all the answers

    Which of the following best describes the Oakes Test in relation to the Charter?

    <p>A method to evaluate governmental actions against individual rights</p> Signup and view all the answers

    Which level of government is primarily responsible for education policy in Canada?

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

    What is one influence on the development of human rights in Canada?

    <p>The Magna Carta</p> Signup and view all the answers

    What is the highest level in the Canadian court system?

    <p>Supreme Court of Canada</p> Signup and view all the answers

    Which document laid the foundation for the rule of law by limiting royal authority?

    <p>Magna Carta</p> Signup and view all the answers

    Which of the following legal systems is characterized by codified laws standardized across a nation?

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

    What major principle did the Rule of Law embodied in the Magna Carta emphasize?

    <p>Fair trial and no arbitrary detention</p> Signup and view all the answers

    Which historical group had a legal system similar to the one used in ancient Greece?

    <p>Roman Law</p> Signup and view all the answers

    What characterizes the Feudalism legal system prevalent in Europe from the 5th to 15th century?

    <p>Loyalty and hierarchy based relationships.</p> Signup and view all the answers

    During which event did Moses receive the Hebrew/Mosaic Law?

    <p>Descent from Mount Sinai</p> Signup and view all the answers

    What impact did the Magna Carta have on the United States?

    <p>It influenced the Declaration of Independence.</p> Signup and view all the answers

    What was a primary characteristic of the legal system in ancient Mesopotamia under the Code of Hammurabi?

    <p>Laws were codified and addressed various aspects of society.</p> Signup and view all the answers

    What is the primary purpose of criminal law?

    <p>To protect the public and maintain order</p> Signup and view all the answers

    Which of the following is NOT considered a type of criminal offense?

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

    In the context of criminal offences, who decides if it is a hybrid or summary offence?

    <p>The crown prosecutor</p> Signup and view all the answers

    Which of the following is a potential criminal defense?

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

    What does the term 'double jeopardy' refer to in legal terms?

    <p>Being tried twice for the same offense</p> Signup and view all the answers

    What is the main objective of rehabilitation in the context of sentencing?

    <p>To reintegrate the offender into society</p> Signup and view all the answers

    What do knights typically receive in exchange for their protection?

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

    Which procedure occurs at the end of a prison sentence, allowing an inmate to be released under supervision?

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

    What is a characteristic feature of case law in England since 1150?

    <p>Cases are published in chronological order</p> Signup and view all the answers

    What does the Youth Criminal Justice Act aim to achieve?

    <p>To reduce youth crime rates</p> Signup and view all the answers

    Which document is associated with the establishment of rights and freedoms in 1215?

    <p>The Magna Carta</p> Signup and view all the answers

    Under what condition can someone be declared a dangerous offender?

    <p>If the person poses a severe risk to public safety</p> Signup and view all the answers

    What major contribution to governance is linked to Greek law around 400 BC?

    <p>Creation of democracy</p> Signup and view all the answers

    What is the term for spending the final third of a prison sentence in the community under supervision?

    <p>Statutory release</p> Signup and view all the answers

    Which type of law is described as being created by the government?

    <p>Parliament/statute law</p> Signup and view all the answers

    What does the rule of precedent ensure in the legal system?

    <p>Similar cases are judged consistently</p> Signup and view all the answers

    What limitations existed in the Greek legal system regarding jury composition?

    <p>Lower-class persons had no access to juries</p> Signup and view all the answers

    How did knights utilize the land they were granted?

    <p>They worked the land themselves</p> Signup and view all the answers

    What common legal principle does case law embody?

    <p>Laws evolve from historical legal precedents</p> Signup and view all the answers

    What role do judges play in creating laws under the system of precedent?

    <p>They make binding legal decisions that serve as precedents</p> Signup and view all the answers

    Study Notes

    Exam Review Sheet

    • Exam format includes multiple choice (20), true/false (15), short answer (16), and long answer (20) questions
    • Part C: Short Answer requires 4 questions to be answered from a list of 7, each worth 4 marks
    • Part D: Long Answer requires 1 of 3 questions to be answered
    • The review sheet appears to be for a legal course
    • The total mark is 71

    Unit 1: Legal Foundations - Functions of Law

    • Law helps settle disputes and defines rights and freedoms
    • It establishes rights and obligations.
    • It discourages crime, and keeps order in society
    • Law sets up the structure of government.

    Unit 1: Legal Foundations - Rules vs. Laws

    • Rules are guidelines for appropriate behavior within a specific group, organization or game
    • Rules only apply to those participating in that particular group, game, or organization
    • Laws are rules created by the government and apply to everyone within a society
    • Laws are rules governments use to regulate how people act
    • Laws are different from ordinary rules as they are mandatory and not optional

    Types of Law

    • Public Law is the relationship between the government and individuals (government and individuals)
    • Private Law (Civil Law) concerns disputes between private individuals (individuals vs. individuals)
    • Procedural Law describes rules for legal conduct (police and court procedures)
    • Common Law is based on previous judicial decisions (judge-made law). The principle is precedent, trials must be held publicly and judges must explain their reasons
    • Substantive Law defines the rights and obligations people must follow; split into statute and case law
    • Constitutional Law outlines the structure of the federal, provincial, and territorial governments in Canada and how power is divided between them
    • Administrative Law controls the relationship between citizens and government agencies
    • Criminal Law sets out rules for offenses against society such as murder, and kidnapping; this is found in the criminal code with definitions of the crimes and what punishments are associated with them
    • Tort Law is a civil wrong causing harm to a person. Disputes could be about loss or harm to a person
    • Estate Law (Private) deals with how an individual's property is distributed after death
    •  Family Law (Private) deals with family-related issues like domestic relations and living arrangements.
    • Property Law (Private) regulates how real estate and personal possessions are used, enjoyed, and rented.
    • Commercial Law (Private) governs business transactions and corporate agreements, including the hiring of individuals and sale of goods and services
    • Contract Law (Private) regulates the enforcement of legally binding agreements
    • Labor Law (Private) governs the working relationship between employers and employees, ensuring they follow laws around workers’ rights, including health and safety measures in the workplace

    History/Origins of Law

    • Ancient Mesopotamia had the Code of Hammurabi
    •  Hebrew/Mosaic law has the Book of the Covenant and Ten Commandments
    • Roman Law had the Twelve Tables
    • England's Magna Carta influenced the rule of law
    • Precedent related to laws created in the courts with binding decisions made by higher courts

    Canadian Court System

    • Provincial Court (Level 1): manages smaller offenses
    • Superior Court (Level 2): handles more serious offenses
    • Federal/Provincial court of appeal (Level 3): the first level of appeal
    • Supreme Court of Canada (Level 4): the final court of appeal

    History and Development of Canada's Constitution

    • Explains the British North America Act and the Constitution Act, including the Meech Lake and Charlottetown Accords

    Making a Law

    • Explains how a bill becomes a law in Canada in three basic parts: Introduction, First Reading and Second Reading, and Committee stage. This is done through the federal house of commons

    Development of Human Rights in Canada

    • Explains the Charter of Rights and Freedoms, which protects rights and freedoms
    • Explains how the Bill of Rights and earlier declarations influenced the development of human rights protection in Canada

    Criminal Law

    • Explains the difference between criminal and civil law
    • Describes what a crime is and what the criteria for a crime are
    • Describes the elements of a crime (actus reus and mens rea)
    • Explains different types of offences (summary, indictable, hybrid)
    • Explains parties to offenses
    • Explains the Criminal Code
    • Describes what the SIU investigates
    • Explains sexual assault in relation to both actus reus and mens rea
    • Explains offenses related to robbery, kidnapping, or abduction
    • Explains criminal procedures like arrests, appearance notices and rights
    • Explains criminal defenses, such as self-defense and legal duty

    Sentencing

    • Describes pre-sentence reports
    • Describes sentencing procedures
    • Discusses goals of sentencing: protecting the public, retribution, deterrence, rehabilitation, and restitution

    Prison System and Release

    • Discusses levels of prisons (maximum, medium, minimum)
    • Explains different types of corrections and services offered, as well as the release procedures
    • Describes parole process.

    Youth Justice System

    • Discusses the incapacity of children in the youth justice system
    • Explains how the system deals with different age groups and what is taken into consideration when someone under a certain age is committing a crime.
    • Discusses the issues with wrongful convictions, the clash between French and English legal systems in the courts, court processes being too slow and how some people cannot afford bail.
    • Discusses the issue of aboriginal law (Gladue reporting)
    • Highlights issues with bias in judges and juries
    • Details the case of Russell Williams
    • Discusses applying laws to the internet
    • Outlines wrong convictions and errors made by law enforcement agencies, legal professionals (lawyers, etc)
    • Discusses the role of plea bargains

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    Law Exam Review Sheet PDF

    Description

    This exam review sheet covers key concepts from Unit 1 of the legal foundations course. It focuses on the functions of law, the distinction between rules and laws, and prepares students for various question types, including multiple choice, short answer, and long answer formats.

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