Legal Course Exam Review

Laws that deal with the relationship between the government and individuals.

Laws that deal with the interests of private individuals, like individuals, companies, and organizations.

Sets out the rules of legal conduct, like how a case should proceed in court.

A system of law based on previous court decisions called precedents.

Laws focused on creating and defining rights and obligations.

The basic laws of a nation state, setting up the government and its powers.

Laws that govern the actions of government agencies.

Deals with crimes and punishments for harming society, like theft or assault.

The lowest level of court in Canada's judicial system, handling minor criminal offenses, family matters, and civil disputes.

The second level of court in Canada, handling more serious criminal offenses, civil claims, and appeals from lower courts.

The third level of Canada's judicial system, hearing appeals from lower courts on both provincial and federal matters.

The highest court in Canada, handling appeals on matters of national importance and interpreting the Constitution.

A historical document that established certain rights and protections for English citizens, including limits on royal authority, fair trials, and freedom from arbitrary detention.

A significant historical legal code from ancient Mesopotamia, known for its codified laws and its impact on the development of legal systems.

A set of laws derived from the Hebrew Bible, emphasizing moral and religious principles.

Ancient Roman law, known for its comprehensive legal system and its influence on the development of Western legal traditions.

Laws created by judges through past cases, used as a guide for similar future cases. Helps ensure consistency in rulings and applies to all levels of courts.

Laws primarily focused on the rights and freedoms of individuals within a society.

Laws made by the government, also known as 'Statutory Law'. This is the most common source of law in many countries.

The collection of all previous court cases recorded in a specific order, used as a source of legal precedent.

The system of government where citizens directly participate in choosing their leaders through voting.

The historical period in Ancient Greece characterized by the development of democracy and the establishment of juries.

The first instance of juries being used in a legal system, established in Ancient Greece.

A collection of legal principles and rules, designed to guide society.

A document outlining the basic rights and freedoms of citizens within a country.

The British North American Act (BNA) established Canada as a federation with a parliamentary system and divided powers between the federal and provincial governments. It created the federal government, the Supreme Court of Canada, and laid the groundwork for Canadian law.

The Constitution Act of 1982 enshrined the Charter of Rights and Freedoms into the Canadian constitution. It also patriated the constitution from the British parliament, giving Canada full control over its own laws.

The Meech Lake Accord aimed to address Quebec's concerns about its place within Canada, but it failed to achieve ratification by all provinces.

The Charlottetown Accord sought to address Quebec's concerns and included provisions on aboriginal self-government and social programs. However, it also failed to be ratified.

A bill undergoes multiple readings and stages in both the House of Commons and the Senate before becoming a law. It starts with a first reading, where the bill is introduced, followed by a second reading where it is debated. The committee stage allows for detailed line-by-line review. The third reading is a final vote on the bill. It is then sent to the Senate for review. The Governor General then proclaims the bill as law.

Federal powers include areas like defense, trade, banking, criminal law, and taxation. Provincial powers encompass areas like education, healthcare, natural resources, and municipal government. There are areas of shared jurisdiction, such as agriculture.

The Canadian Charter of Rights and Freedoms, enshrined in the Constitution Act of 1982, guarantees fundamental rights and freedoms to all Canadians. These include freedom of speech, religion, assembly, and association. It also includes provisions on mobility rights, legal rights, and equal rights.

The Oakes Test is used to determine whether a law that limits a Charter right is justified. It requires the government to demonstrate that the law has a pressing and substantial objective, that the means chosen to achieve that objective are rationally connected to the objective, that the means are minimally impairing of the right, and that the benefits of the law outweigh the harm caused by the infringement on the right.

A legal test used to determine if a law that limits a Charter right is justified. It has four parts: 1) Pressing and Substantial Objective: the government must demonstrate that the law's objective is important enough to justify the limitation. 2) Proportionality: the law must be proportional to the objective it aims to achieve, meaning it must be rationally connected to the objective, minimally impairing on the right, and the benefits of the law must outweigh the harm to the right. 3) Rational Connection: It must be demonstrated that the law actually connects to the stated objective and isn't just a random goal. 4) Minimal Impairment: The law must be the least restrictive means of achieving the objective, meaning the government must consider alternative options, and choose the one that infringes the least on the right.

This refers to the concept that a person accused of a crime is presumed innocent until proven guilty by the state. The burden of proof is on the prosecution to demonstrate the guilt of the accused beyond a reasonable doubt.

This is a rule of law that states that previous court decisions can be used as guiding principles for future cases with similar facts. It's like a legal roadmap. Judges use this to ensure consistency and fairness in the application of the law.

The Charter of Rights and Freedoms is a part of the Constitution Act, 1982, which guarantees fundamental rights and freedoms to every individual in Canada. These rights include things like freedom of speech, religion, association, and the right to a fair trial.

An act that violates the law and causes harm to society.

To discourage people from committing crimes by making the consequences of their actions unpleasant.

A legal defense that argues that the accused was not in control of their actions due to a mental illness.

When a person's actions are involuntary and they are not in control of their body.

A legal defense that argues that the accused was tricked or coerced into committing a crime by law enforcement.

A legal doctrine that prevents a person from being tried twice for the same crime.

A sentencing goal that aims to make the punishment fit the crime.

A sentencing goal that aims to reduce recidivism by helping offenders become productive members of society.

The type of release that allows a person to spend the final third of their sentence in the community under supervision.

A sentencing goal that aims to compensate victims for their losses.