Legal Principles and Burden of Proof

Magna Carta

• Created in 1215 through a significant legal reform.
• Limited the power of the Monarch.
• Established the principle of rule of law.
• Ensured everyone is equal under the law; no one is above it.

Function of Law

• Established rules of conduct.
• Provided enforcement of rules.
• Protected rights and freedoms.
• Protected society.
• Resolved disputes.

Rule of Law

• No one is above the law.
• Everyone has equality under the law.
• Ensures everyone is treated fairly without bias or prejudice.

Restitution

• Payment made by the offender to the victim of a crime.
• Civil law is based on concepts like retribution (punishment for wrongs) and restitution (payment made to the victim).

Mosaic Law

• Laws set out in the Book of Exodus.
• Based on the will of God.
• Emphasized protection for the poor.
• Based on restitution.

Habeas Corpus

• Established through the rule of law.
• "You must have the body."
• Ensures arrested/detained people are presented to a judge for validity.

1982 Canadian Constitution

• Included the Charter of Rights and Freedoms.
• Charter rights are not absolute, subject to "reasonable limits".

Provincial Human Rights Codes

• Amended periodically.
• Subject to the Charter.
• Prohibit discrimination based on disability, prohibiting employers from failing to accommodate such.
• Enacted in all provinces.

Notwithstanding Clause

• Section 33 of the Charter.
• Allows provinces and the federal government to pass laws that exempt from fundamental freedoms & legal rights, limiting their application.
• This exemption lasts for 5 years.
• The government must identify the law and the section of the Charter that is being overridden during legislation.

Types of evidence

• Direct Evidence
• Circumstantial Evidence
• Character Evidence
• Electronic Surveillance

Polygraph Test

• A "lie detector".
• Measures physical responses (pulse, respiration, blood pressure) during questioning.
• Not admissible in court primarily due to lacking in accuracy.

Voire Dire

• A preliminary mini-trial.
• Determines admissibility of evidence.
• Examines if the defendant's confession was made voluntarily.

Physical Evidence

• Evidence such as fingerprints, DNA, or blood.
• All are considered forms of direct evidence.

Aggravating Circumstances

• Factors increasing the severity of a punishment.
• Increases offender's responsibility.
• Examples include multiple offenses or abuse of a position of trust.

Duty to Accommodate

• Employers have a legal duty to accommodate individual needs while also considering the undue hardship.
• Eliminates or adjusts requirements to enable a person to perform tasks at work.

Types of Murder

• First-degree murder
• Second-degree murder
• Murder without intent (non-culpable murder)
• Requires pre-meditation.

Non-culpable Murder

• Acts that are considered inevitable and accidents, like traffic fatalities during natural disasters or acts of god.
• The consequences of the accident are considered as unavoidable.

Burden of Proof

• Obligation to prove the guilt of the accused.
• Must be beyond a reasonable doubt in serious charges or while on bail.
• Reverse onus refers to when the defendant must prove their case.

Assumption of Risk

• Individuals understand and willingly accept the risks involved in various activities.
• Waiver or agreement acknowledges understanding of the risk.

Intentional Torts

• Deliberate actions causing harm or loss to another (assault, battery, false imprisonment, and nuisance).

Marriage Requirement

• Provinces have marriage acts for more formal requirements.
• Formal requirements can include licenses, marriage ceremonies, age requirements, and registration.

Labour Law Violations

• Employment legislation provides basic protections for employees.
• Protecting minimums for employment.

Driving Liability

• When passenger(s) understands the driver is impaired, or have dangerous habits, risk is considered assumed by the passenger.

Caveat Emptor

• Latin phrase meaning "buyer beware".
• The seller is not legally required to disclose negative information that may prevent the purchase from going through.
• Seller is legally responsible and buyer must assume responsibility for defects.

Police Search

• A search warrant is necessary to enter a property for search purposes.

Property Crimes

• Include five major crimes:
• Arson
• Fraud
• Possession of Stolen Goods
• Break and Enter
• Various types of fraud.

Identity Theft

• Stealing someone else's identity to commit a crime.
• Various forms including, mail theft, theft from personal space, and misuse of data in financial transactions.

Possession of Stolen Goods

• Criminal offense to possess/have stolen property knowledge.
• Punishments depend on the value of the stolen goods.

Fraud

• Intentionally causing loss of money/property by deceit.
• Examples include writing a bad check or making false statements. Punishments are dependent on the value of the financial risk.

Actus Reus

• The guilty act.
• Voluntary action, omission, or state of being forbidden by the criminal code.

Statute of Limitations

• Time limit for prosecuting crimes, varies based on the nature of the crime and the specific legal system.

Vicarious Liability

• Holding one person accountable for the torts of another in specific relationships, such as employer-employee or parent-child.

Alternative Dispute Resolution (ADR)

• Methods for resolving disputes without going to court.
• Examples include negotiation, mediation, and arbitration.

Specific Intent

• Crime is committed with a particular purpose or objective.
• Intent goes beyond the general intent to carry out a specific action.

Oakes Test

• Four-step framework to evaluate whether a law infringes on or violates charter rights.

Voir Dire

• A mini-trial, where admissibility and credibility of evidence are tested.
• Before a witness testimony can be heard, it must be determined if what they will say is relevant and credible.

Stare Decisis

• Legal principle of precedence.
• Judges follow rulings from prior cases.
• Established precedents from earlier court cases.

Leading Questions

• Suggests an answer to the witness.
• Leading questions can not be asked by either side.

Hersey Statements

• Witnesses cannot provide second-hand information.
• Witnesses must provide information they saw or experienced.

Opinion Statements

• The witness cannot provide an opinion outside of their expertise.
• Only opinions that are pertinent to their expertise are valid.

Non-Responsive Answers

• When an answer does not directly address the question asked.

Badgering the Witness

• Repeatedly asking the same question or harassing a witness.