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'?

To require a person under arrest be brought before a judge or into court. 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?

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

Which of the following best describes 'actus reus'?

The physical act or prohibited omission that constitutes a crime. Signup and view all the answers

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

Specific intent requires proof of intent to cause a specific outcome, whereas general intent only requires proof of intent to do the act. Signup and view all the answers

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

Aider and abettor. Signup and view all the answers

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

Duress Signup and view all the answers

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

Detention is a temporary holding, while arrest involves a formal taking into custody. 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?

Determining the guilt or innocence of the accused. Signup and view all the answers

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

Proof on a balance of probabilities. Signup and view all the answers

What is the primary function of 'tort law'?

To provide remedies for civil wrongs causing harm. Signup and view all the answers

Study Notes

Exam Outline

Multiple Choice
Matching
Short Answers
Case Studies
Long/Essay Answer

Unit 1 - Legal Foundations and Heritage

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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Description

Test your knowledge of legal principles, foundational documents, and the rights and freedoms guaranteed in law. This quiz covers critical topics such as the Constitution, functions of law, and historical influences on the legal system. Assess your understanding of both common and civil law, and the impacts of the Charter of Rights and Freedoms.