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Questions and Answers
What is the primary focus of public law?
What is the primary focus of public law?
Which type of law governs the administration of government programs?
Which type of law governs the administration of government programs?
Which level of court is considered the highest in the Canadian court system?
Which level of court is considered the highest in the Canadian court system?
Which of the following best differentiates between rules and laws?
Which of the following best differentiates between rules and laws?
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What significant principle did the Magna Carta establish concerning the rule of law?
What significant principle did the Magna Carta establish concerning the rule of law?
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What determines if a right or freedom in the charter has been infringed upon?
What determines if a right or freedom in the charter has been infringed upon?
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What is the primary function of precedent law created in England during the 16th century?
What is the primary function of precedent law created in England during the 16th century?
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Which of the following is NOT a characteristic of the rule of law as established by the Magna Carta?
Which of the following is NOT a characteristic of the rule of law as established by the Magna Carta?
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Which aspect of the Oakes case indicates a potential infringement of rights?
Which aspect of the Oakes case indicates a potential infringement of rights?
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What role does the Constitution play in a country?
What role does the Constitution play in a country?
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Which description fits common law?
Which description fits common law?
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What distinguishes tort law from other private laws?
What distinguishes tort law from other private laws?
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Which section of the Constitution outlines the powers of the federal government?
Which section of the Constitution outlines the powers of the federal government?
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Which event aimed to persuade Quebec to sign the Constitution?
Which event aimed to persuade Quebec to sign the Constitution?
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How was David Oakes' situation ultimately resolved in relation to the charter?
How was David Oakes' situation ultimately resolved in relation to the charter?
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What significant event in Canadian constitutional history occurred in 1982?
What significant event in Canadian constitutional history occurred in 1982?
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What is an implication of the Narcotics Control Act in relation to the charter?
What is an implication of the Narcotics Control Act in relation to the charter?
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What does Section 1 of the charter address?
What does Section 1 of the charter address?
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Which document significantly influenced the development of human rights in Canada?
Which document significantly influenced the development of human rights in Canada?
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What is the purpose of the Oakes Test in relation to the Canadian Charter of Rights and Freedoms?
What is the purpose of the Oakes Test in relation to the Canadian Charter of Rights and Freedoms?
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Which of the following accords was proposed in 1992?
Which of the following accords was proposed in 1992?
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What is one of the steps in the process of making a law in Canada?
What is one of the steps in the process of making a law in Canada?
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What is a key feature of the Canadian Charter of Rights and Freedoms?
What is a key feature of the Canadian Charter of Rights and Freedoms?
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What is a characteristic feature of indictable offences?
What is a characteristic feature of indictable offences?
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Which of the following best describes the purpose of criminal law?
Which of the following best describes the purpose of criminal law?
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What is the legal term for someone who assists another entity in committing a crime?
What is the legal term for someone who assists another entity in committing a crime?
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Which defence could be used claiming that an individual's mental state prevented them from understanding their actions?
Which defence could be used claiming that an individual's mental state prevented them from understanding their actions?
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Which goal of sentencing focuses primarily on discouraging others from committing similar offenses?
Which goal of sentencing focuses primarily on discouraging others from committing similar offenses?
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What is the condition for declaring someone a dangerous offender?
What is the condition for declaring someone a dangerous offender?
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What does the principle of 'double jeopardy' protect a person from?
What does the principle of 'double jeopardy' protect a person from?
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The Youth Criminal Justice Act was enacted to address issues specifically relating to which group?
The Youth Criminal Justice Act was enacted to address issues specifically relating to which group?
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What is one of the main purposes of parole?
What is one of the main purposes of parole?
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Which of the following is NOT considered a type of criminal defence?
Which of the following is NOT considered a type of criminal defence?
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Study Notes
Exam Review Sheet: Unit 1 Legal Foundations
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Functions of Law:
- Aiding in dispute resolution
- Defining and upholding rights and freedoms
- Establishing obligations and rules
- Discouraging criminal behaviour
- Maintaining order and safety within society
- Structuring government and law-making processes
- Providing remedies for legal issues
Difference Between Rules and Laws
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Rules:
- Guidelines for appropriate behavior within a specific game, organization, or situation.
- Only apply to participants within the particular context.
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Laws:
- Rules established by government for societal members to follow.
- Necessary for governing actions.
- Mandatory (obligatory) rules versus optional.
- Special kind of rule with legal power.
Types of Law
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Public Law:
- Deals with the relationship between government and individuals (e.g. constitutional, administrative law).
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Private Law (Civil Law):
- Focuses on the interests of individuals (e.g. property, estate, family, contract, and labour law).
- Other specified types: administrative, criminal, torts, labour
Common Law
- Stems from previous court decisions.
- Precedent is the guiding principle.
- Trials are conducted publicly.
- Judges provide reasons for their decisions.
- Primarily used throughout Canada outside of Quebec.
Substantive/Procedural Law
- Substantive Law: Defines rights and obligations (statutory/case law).
- Procedural Law: Sets out rules related to legal procedures (e.g., police responsibilities, court processes).
Constitutional Law
- Fundamental laws of nation states.
- Outlines the structure of federal, provincial, and territorial governments in Canada.
- Establishes power divisions among governing bodies.
Administrative Law
- Regulates the relationship between citizens and government agencies.
Criminal Law
- Rules passed by parliament to define crimes (e.g., murder, kidnapping).
- Outlines offenses, associated punishments, and procedures within the Criminal Code.
- Aims to punish offenders and safeguard societal interests.
Environmental Law
- Focuses on protecting the environment and regulating human activities' impact on it.
Tax Law & Aboriginal Law
- Tax Law: System for economic transactions (taxes).
- Aboriginal Law: Comprehensive acts/regulations related to Indigenous peoples in Canada.
Tort Law
- Addresses civil wrongs causing harm to another party.
- Defines wrongs between individuals or groups.
Estate Law
- Deals with the distribution of an individual's assets after death.
Family Law
- Addresses issues related to families and domestic relationships.
Property Law
- Regulates the use, enjoyment, and disposal of property.
Commercial Law
- Governs commercial activities, including business transactions and corporate contracts.
Contract Law
- Governing contract enforcement.
- Outlines breach, remedies, and contract elements.
Labour Law
- Regarding employer/employee relationships and rights/obligations within the workplace.
Court System Structure
- Court structures vary by level and jurisdiction.
History/Origins of Law
- Key influences on Canadian law include Magna Carta, US Declaration of Independence, and UN Declaration of Human Rights.
Canada's Constitution
- Constitution: Fundamental legal framework outlining power distribution in a country.
- Charter of Rights and Freedoms: Section of the Canadian Constitution.
History and Development of Canada's Constitution (Key Acts)
- 1867: British North American Act.
- 1982: Constitution Act.
- Key acts like the Meech Lake and Charlottetown Accords (details of attempts to include Quebec).
Making a Law (How a Bill Becomes a Law)
- 3 stages (First, Second, and Third readings); committee stage.
- Detailed descriptions of the processes involved.
Division of Powers
- Outlines powers allocated to different governmental levels in Canada.
Criminal Law (Unit 3)
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Criminal vs. Civil Law:
- Criminal deals with illegal acts against society.
- Civil deals with legal wrongs against individuals.
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Criminal Elements/Definitions: Criminal Code's elements (actus reus and mens rea), details on acts like sexual assault, robbery, kidnapping, etc.
- Specific crimes and definitions within the Canadian Criminal Code.
Criminal Defenses
- Self-defense, legal duty, excusable conduct, etc.
Sentencing
- Mitigation and aggravation.
- Judge's role in sentencing.
- Factors considered in sentencing.
Goals of Sentencing
- Protect the public, retribution, deterrence, rehabilitation, and restitution.
Provincial/Federal Correctional Services
- Details of each type of correctional service, their responsibilities, and procedures for release from prison (parole, day parole, full parole).
Criminal Procedures
- Details on arrests, appearances, notices, search warrants, and different types of evidence.
Youth Justice System
- Capacity and differences from adult criminal justice.
- Key acts like the Juvenile Delinquents Act/Young Offenders Act/Youth Criminal Justice Act..
- Limitations of the Canadian Legal System.
Judicial Bias
- Possible biases in judges/juries in specific case examples.
- Issues like jurisdiction (Russell Williams), application of law in cyber space, and wrongful convictions in Canada's legal system.
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Description
This quiz covers the essential functions of law, the differences between rules and laws, and the types of law including public and private law. It's designed to help you understand the legal framework and the roles these laws play in society. Prepare yourself for a comprehensive understanding of Unit 1's key legal concepts.
