Legal Foundations Unit 1 Exam Review

A set of rules that govern the behavior of people in a society and are enforced by the government.

Rules are guidelines for specific groups or situations, while laws are universally binding and enforced by the government.

Public Law focuses on the relationship between governments and individuals, dealing with matters like taxation, criminal justice, and administrative procedures.

Private Law (Civil Law) governs the relationships between individuals and organizations, dealing with matters like contracts, property, and family disputes.

Procedural law outlines the process and rules for legal proceedings, ensuring fairness and order in court cases.

A system of law focused on relationships between individuals, organizations, and the government regarding private matters like contracts, property, and family law.

The principle that courts are bound by previous decisions – similar cases should be decided in similar ways to ensure consistent application of the law.

A set of fundamental laws that define the structure, powers, and limits of government and the rights of citizens.

The highest court in Canada, responsible for interpreting the Constitution and ensuring its application throughout the country. It's the final court of appeal.

The lowest level of courts in Canada, handling a wide range of cases, including small claims, criminal offenses, and family matters.

This legal test is used to determine whether a limitation on a Charter right or freedom is justified. It examines if the limitation is prescribed by law, has a pressing and substantial objective, is rationally connected to the objective, minimally impairs the right, and there is a proportionality between the effects of the limitation and the objective.

The Oakes test is a legal test used to determine if a limitation on a Charter right or freedom is justified. It has five key criteria: 1. The limitation must be prescribed by law. 2. The objective of the law must be pressing and substantial. 3. The law must be rationally connected to the objective. 4. The law must minimally impair the right or freedom. 5. The law must be proportional between the effects of the limitation and the objective.

It is a law that says if you are caught with over a certain amount of drugs, it is assumed you're trafficking and the burden of proof is on you to prove your innocence.

The Ontario Human Rights Code is provincial legislation that protects individuals from discrimination and harassment based on certain grounds, including race, sex, age, and religion.

The Canadian Charter of Rights and Freedoms (often just called the Charter) is a part of the Canadian Constitution. It sets out fundamental freedoms and political, legal, and equality rights for all Canadians.

The British North American Act (BNA Act) established Canada as a federation with a parliamentary system of government. It outlined the division of powers between the federal and provincial governments and defined the basic structure of the Canadian government.

The Constitution Act, 1982, brought the Canadian Constitution 'home' to Canada, meaning it was no longer subject to British approval. It also introduced the Canadian Charter of Rights and Freedoms, guaranteeing fundamental rights and freedoms to Canadians.

A bill must pass through several stages before becoming law. It starts with introduction to the House of Commons and goes through readings, committee review, and Senate approval. Finally, it receives Royal Assent and becomes law.

The federal government deals with national issues like defense, trade, and criminal law. Provincial governments handle local matters such as education, healthcare, and natural resources.

The Canadian Charter of Rights and Freedoms is a part of the Constitution Act, 1982, guaranteeing fundamental rights and freedoms. It establishes limits on government power and ensures protection for individual citizens.

The Magna Carta, a historic document from 1215, limited the power of the English monarch and established basic rights for citizens. It influenced the development of human rights in Canada by offering a precedent for limiting government authority.

The American Bill of Rights, part of the US Constitution, protects fundamental rights like freedom of speech, religion, and assembly. It influenced the Canadian Charter of Rights and Freedoms by providing models for the protection of basic human rights.

A crime is an act or omission that is prohibited by law and that is punishable by the state.

The purpose of criminal law is to protect society by punishing offenders, deterring others from committing crimes, and rehabilitating offenders.

Indictable offences are serious crimes that are tried in a higher court, like a Superior Court. Summary offences are less serious crimes that are tried in a lower court, like a Provincial Court. Hybrid offences can be tried as either indictable or summary offences, depending on the circumstances.

An accessory after the fact is someone who helps a criminal escape or hide from the police after the crime has been committed.

The Criminal Code of Canada is a set of laws that defines criminal offences and punishments.

Murder is the unlawful killing of another human being with malice aforethought.

Robbery is the theft of property from a person using force or the threat of force.

Self-defence is a legal defence that allows someone to use force to protect themselves from harm.

Mental disorder is a legal defence that can be used if the accused was suffering from a mental illness at the time of the offence and couldn't understand what they were doing or that it was wrong.

Sentencing is the process of determining and imposing a punishment for a crime.