Legal Foundations and Heritage Quiz

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Questions and Answers

Which concept describes the principle that judicial decisions should follow precedents set in previous similar cases?

  • Magna Carta
  • Rule of Law
  • Habeas Corpus
  • Stare decisis (correct)

What is the primary purpose of the 'reasonable limits clause' in the Canadian Charter of Rights and Freedoms?

  • To grant the courts the right to define what constitutes a reasonable limit on rights entirely.
  • To allow the government to infringe on fundamental rights at any time.
  • To permit justifiable limitations on Charter rights when they are reasonable and demonstrably justified in a free and democratic society. (correct)
  • To ensure all laws are applied equally, no exceptions.

Which of the following is an example of Private Law?

  • Constitutional Law.
  • Administrative Law.
  • Criminal Law.
  • Contract Law. (correct)

What is the function of a 'Habeas Corpus'?

<p>To require a person under arrest be brought before a judge or into court. (A)</p> Signup and view all the answers

Section 33 of the Canadian Charter of Rights and Freedoms, also known as the 'notwithstanding clause', allows which of the following?

<p>It allows Parliament or provincial legislatures to override certain Charter rights for a 5 year period with re-election to continue to override. (D)</p> Signup and view all the answers

Which of the following best describes 'actus reus'?

<p>The physical act or prohibited omission that constitutes a crime. (A)</p> Signup and view all the answers

What distinguishes 'general intent' from 'specific intent' in the context of mens rea?

<p>Specific intent requires proof of intent to cause a specific outcome, whereas general intent only requires proof of intent to do the act. (D)</p> Signup and view all the answers

Someone who assists a principal actor in committing a crime is known as a:

<p>Aider and abettor. (D)</p> Signup and view all the answers

Which of these is NOT typically considered a type of 'mens rea'?

<p>Duress (B)</p> Signup and view all the answers

What is the key difference between 'detention' and 'arrest'?

<p>Detention is a temporary holding, while arrest involves a formal taking into custody. (B)</p> Signup and view all the answers

In the context of the Ontario Court System, which of the following is NOT primarily a purpose of a pre-trial procedure?

<p>Determining the guilt or innocence of the accused. (A)</p> Signup and view all the answers

Which of the following best describes the burden of proof in civil law?

<p>Proof on a balance of probabilities. (A)</p> Signup and view all the answers

What is the primary function of 'tort law'?

<p>To provide remedies for civil wrongs causing harm. (A)</p> Signup and view all the answers

Which of the following is a primary function of law, according to the provided content?

<p>To establish the rules of conflict. (C)</p> Signup and view all the answers

What role does a system of enforcement play within the framework of law?

<p>It provides a means of ensuring compliance and accountability. (C)</p> Signup and view all the answers

Which of the following is the function of law focused on maintaining stability within a community?

<p>Protecting society. (D)</p> Signup and view all the answers

What is considered one of the core reasons or purposes for which legal systems exist?

<p>To resolve disputes. (A)</p> Signup and view all the answers

Besides dispute resolution, what else does the law seek to protect?

<p>The rights and freedoms of individuals. (D)</p> Signup and view all the answers

Flashcards

Rule of Law

The principle that everyone, including those in power, must obey the law.

Charter of Rights and Freedoms

A legal document that outlines the fundamental rights and freedoms of Canadians.

Stare Decisis

The practice of judges using previous court decisions (precedents) to guide their rulings in similar cases.

Common Law System

A legal system that emphasizes fairness and the protection of individual rights, focusing on precedent set by past court decisions.

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Procedural Law

Laws that define how people are treated within the legal system, like how to conduct a trial.

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What is a crime?

A wrongful act or omission that violates a criminal law, often punished with fines or imprisonment.

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What is civil law?

A legal system that primarily addresses private disputes between individuals or entities, aiming for compensation for harm rather than punishment.

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What is 'actus reus'?

The act itself, the physical element of a crime. It can involve a prohibited action, omission, or a state of being.

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What is 'mens rea'?

The mental element of a crime, referring to the guilty mind. It includes intent, knowledge, recklessness, and criminal negligence.

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Who is a principal actor?

A person who directly commits a crime.

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Who is an aider and abettor?

A person who assists or encourages another person to commit a crime.

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Who is a counsellor?

A person who helps plan or instigate a crime.

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Who is an accessory after the fact?

A person who assists a criminal after the crime has been committed.

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Protect Society

The function of law to ensure societal peace and order by establishing rules, enforcing them, and punishing violations.

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Provide a system of enforcement

The ability of the legal system to formally enforce rules and impose consequences for breaking them.

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Resolve Disputes

The role of the law in resolving conflicts between individuals and groups, aiming for fair outcomes based on evidence and legal principles.

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Protect rights and freedoms

The function of law in defining fundamental rights and freedoms, ensuring their protection and guaranteeing individual liberty.

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Establish rules of conflict

The role of the legal system in establishing clear guidelines for acceptable behavior, preventing chaos and promoting order.

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Study Notes

Exam Outline

  • Multiple Choice
  • Matching
  • Short Answers
  • Case Studies
  • Long/Essay Answer

What is Law?

  • Rules vs. Laws
  • 5 Functions of Law

History of Law/Foundational Documents

  • Code of Hammurabi
  • Mosaic Law
  • British Tradition in Law Influence
    • Compared with Roman Tradition
    • The Magna Carta
    • Rule of Law
    • Habeas Corpus
    • Stare decisis & Precedent
  • Common Law vs Civil Law in Canada

The Constitution, Government, and Law Making

  • Branches of the Government and their Roles
  • Division of Powers

Unit 2 - Rights & Freedoms

  • The Charter of Rights and Freedoms
    • Charter of Rights and Freedoms Creation
    • Ontario Human Rights Code
    • Sections of the Charter
      • The Reasonable Limits Clause and Oakes Test
      • Section 33 The Notwithstanding Clause
      • Section 2's Fundamental Freedoms
      • Sections 3-5 Democratic Rights
      • Sections 7-13 Legal Rights
  • Judicial Review vs Judicial Activism

Unit 3 - Criminal Law

What is a Crime?

  • Definition of a Crime
  • Compare to Civil Law
  • Quasi-Criminal Law
  • Types of Offences
    • Summary
    • Indictable
    • Hybrid
  • Actus Reus

Common Crimes

  • Homicide
  • Assault
  • Sexual Assault/Offences
  • Property Crimes
  • Drugs

Criminal Procedures

  • Detention vs Arrest
  • Lawful Steps of an Arrest
  • Reasonable and Probable Grounds
  • 4 Methods of Apprehension
  • Use of Force by Police
  • Citizen's Rights Upon Arrest & Detention
  • Search Warrants
  • What is it?

Unit 4 - Civil Law

What is Civil Law

  • Compare to Criminal Law
  • Burden of Proof in Civil Law
  • Judgement in Civil cases

Areas of Civil Law

  • Tort Law
    • Definition
    • Filing and Serving a Claim
    • The Judgement
    • Negligence
  • Family Law
    • Requirements of Marriage
    • The Divorce Act (1985)
  • Contract Law
    • Definition & Types
    • Consent
  • Employment Law
    • Employment Relationship
    • Role of Unions

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