Exam Review CLU3M1 - January 2025 Exam Breakdown Knowledge: 30 marks 30 M/C questions Thinking: 30 marks 15 Matching 15 True or False Communication: 30 marks 6 short answer Questio... Exam Review CLU3M1 - January 2025 Exam Breakdown Knowledge: 30 marks 30 M/C questions Thinking: 30 marks 15 Matching 15 True or False Communication: 30 marks 6 short answer Questions Application: 30 marks 15 M/C Case studies 15 M/C Cartoons Total 120 marks Topics to Study Law in Canada What is the rule? What is law? Law: it is a governmental standard that all of society must follow. It is a rule of conduct or action prescribed or formally recognized as binding or enforced by a controlling authority. It is not something you can OPT out of. Rule: a rule has no legal authority but is entitled to specific actions or activities. It is a guide, standard, or regulation of conduct or action set by a legal authority but is not enforced by courts, therefore you can OPT out of them. Types of law Procedural Law: the process of law outlines the steps that must be applied and followed in legal action. It provides society with how to enforce the rights and obligations set out in substantive law. (ex. How to arrest) Substantive Law: the substance of law that lists all the rights and obligations of each person, and defines its rights and values. It consists of statute and case law. (ex. The Criminal Code of Canada) Public Law: controls the relationship between the public and the government Criminal: it is a set of rules passed by parliament that deals with the prohibition and punishments that harm people and society. Outlines offenses against society (ex. Murder, sexual assault) Constitutional: sets how the country should be governed, and the distribution of powers. Legal principles such as those found in the Charter of Rights and Freedoms Administrative: outlines the relationship between citizens and the government. Deals with the actions of agencies that are meant to regulate various social activities (ex. LCBO, someone feels discriminated = human rights commission) Private/Civil Law: controls the relationship between private citizens, or individuals and organizations Tort: allows you to sue for compensation due to the damages caused by one person/organization to another (ex. Suing a doctor for malpractice) Family: regulates aspects of family life, and deals with people who are living together (ex. Divorce, division of property) Contract: outlines the legal requirements of a binding agreement that can be written or verbal between parties, during the process of selling or buying goods (ex. Buying a home) Property: includes copyrights or ideas, jewelry, clothing, land, and buildings. The main branch usually buys, sells, or rents property. Labor: laws, rules, and precedents that deal with employee and employer relationships. Not the same as employment law (ex. Minimum wage, strikes, equal pay, working conditions) Rules of Law What are the 4 principles of the Rule of Law? MOST IMPORTANT: people must recognize and accept that the law is necessary to regulate society (ex. jaywalking) People are governed by law and not arbitrary power (specific reason) (ex. The police cannot arrest you for not liking your hair) The law applies equally to all members of society (ex. People with more money suffer the same penalties as anyone else) A procedure must exist to change the law in a peaceful and orderly way (ex. Legalizing marijuana) Sources of Canadian Law Constitutional: overrides other laws. Puts into constitution Statute: law passed by elected representatives in government in forms of fact Common/Case: is common to all, follows legal principles, and relies on precedents History of Law - many early laws and legal systems have influenced Canada’s present legal system. Different periods have contributed to its precedents today… Primitive Man: mortality and reason (laws passed by mouth that were created for hunting, ownership of property, and family) Mesopotamia and King Hammurabi: Justice was revenge, harsh punishments (eye for an eye), and no distinction between done on accident and done on purpose (ex. The physician operates and kills patient = hands cut off) Code of Hammurabi: The first codified set of laws, made people follow patriarchal laws out of fear of God. Wealthy over poor, men over anything, and hierarchy of power (ex. Wealthy people who committed crimes often had their daughters or slaves pay for retribution) Mosaic Law: laws based on the book of Exodus/Ten Commandments, punishments were revenge but more humane, and made a distinction between crimes on purpose and accident. Greek: The use of juries was created because Greek society was very democratic which gave all rights to male citizens (participated in courts, voting, and public decisions), and the law was draconian (harsh and vengeful where punishments were deadly) Roman Empire: The first society to use lawyers and create law school because the law was based on the Justinian Code - the first society to have a constitution and organized administrators, and the need for people to be educated about the law Medieval Times: a society based on religion, feudalism, and superstition (Trial by Combat - forced to fight for innocence against accuser, or champion of accuser/knight. Defeat and set free. Innocent and God protects you from harm) (Trial by Ordeal - if found guilty, the death penalty was pain, and belief was if innocent God would protect them from harm) British Common Law: development of common law (reports cases and equality under law) precedent. King John believed in justice and equality rather than brutality. He signed the Magna Carta which states that everyone was equal under the law including the King. Courts traveled to listen to cases and settle disputes and would come back and create precedents to make the punishment and decision if those cases ever occurred again. Read more