Charlie Denarde - Law - Final Test Review PDF

Final Law Test Review 1.​ Describe what law is and explain the five fundamental reasons why we must have laws? Reflects the standards and morals that Canadian citizens hold in common with rules in place and the goal of providing justice when the law has been broken. The 5 fundamenta...

Final Law Test Review 1.​ Describe what law is and explain the five fundamental reasons why we must have laws? Reflects the standards and morals that Canadian citizens hold in common with rules in place and the goal of providing justice when the law has been broken. The 5 fundamentals are 1 Establish rules and conduct, 2 provide a system of enforcement, 3 protect rights and freedoms , 4 protect society, 5 resolve disputes 2.​ Name 2 nations that have influenced the development of the Canadian legal system. Briefly describe the influence of each. Greece and in the past the Greeks were the ones to create the concept of juries which we use today in court just with 12 jurors and not thousands like the greek. France with Napoleonic code where it regulated matters like Property, contracts, and family law which we have these type of matters in civil law to this day and regulate within the courts to fix disputes over these matters 3.​ Describe the difference between private and public law. -Private law governs relationships between individuals or organizations. - Public law regulates the relationship between individuals and the state. 4.​ List 3 areas of public law and 6 areas of private law. Public law: constitutional law, criminal law, administrative law Private Law: contract Law, Family law, Wills and estates, Property law, tort law, employment law 5.​ Rule of Law is a fundamental aspect of our legal system. List the three points that are included in the Rule of Law. Lady Justice 1.​ Scales: Equality in the eyes of the law 2.​ Sword: Consequences. The power of the law. Swiftness of the justice system 3.​ Blindfold: Impartiality(all are treated fairly) 5.​ A citation is the heading given to each legal case. Explain how you can tell the difference between a private case and a criminal case by looking at the citation. What are two other pieces of information a citation contains? You can tell the difference just by the name of the case - Civil law if persons vs persons or company Cite: Tibbo v. Wray (2024), S.C.O. -Public law if government/agency vs persons. R. v. Tibbo (2024) S.C.C Citations contain the type of court that heard the case and the year the court decision was made. 6.​ What is the Canadian Constitution? Explain. What is the amending formula for creating changes to the Constitution? The Laws to Canada on how the country operates including the system of government and shows our rights and freedoms. The 7/50 formula. There must be at least seven provinces that approve the change, representing at least 50% of the population of all the provinces combined 7.​ What is the Canadian Charter of Rights and Freedoms? Also, explain why it is important that the Canadian Charter of Rights and Freedoms is embedded in the Canadian Constitution. Set of political rights for citizens, and civil rights for all of canada. It’s important because It instils the charter to the constitution so it can rarely be changed and make sure our rights are not violated. 8.​ What are the four fundamental freedoms according to Section 2 of the Charter? -Freedom of conscience -Freedom of thought -freedom of peaceful assembly -freedom of association 9.​ Explain the Reasonable Limits Clause of the Charter. It allows the government to limit certain rights and freedoms guaranteed by the Charter, but only under specific circumstances. 10.​ Explain the Notwithstanding Clause of the Charter.. it allows federal or provincial governments to pass laws that can override certain rights and freedoms in the charter, even though these laws would usually be considered unconstitutional. 11.​ The Ontario Human Rights Code is another piece of legislation that protects the rights of Canadian citizens living in Ontario. Describe the general difference between situations that the Charter provides protection for and situations that the Ontario Human Rights Code provides rules/protection for. The charter protects you against the government infringing on your rights and freedoms Ontario Human Rights Code protects against discrimination and harassment in all ways and things regardless if its from the government or private entity 12.​ What is Criminal Law? Explain. a body of law of actions or behaviors that are considered offenses against the state, society, or public, and gives punishments for those who commit them and maintain order in the public. 13.​ Explain the necessary items that the Crown must prove in order to convict someone of a crime. How well do these elements have to be proven? Actus reus and Mens rea must be proven Actus reus: must be proven beyond a reasonable doubt they did the crime Mens rea: must prove the mental state of the beings intent for Actus reus beyond reasonable doubt 14.​ Explain if the actus reus and mens rea appear to be present for the following situations. a)​ While Andrew, a six year old, played with his father’s rifle, he killed his friend Tim. Only Actus reus because Andrew had no intent to kill tim and was a accident b)​ Chris continuously insulted Matt and he could no longer tolerate it. So Matt shot Chris. Actus reus and mens rea because Matt intended to shoot Chris in the moment and proceed to do that c)​ As Brittney cleaned her rifle, Samantha walked into the room, and the gun accidentally went off, killing Samantha. Only Actus reus because it was a accident and their was no intent d)​ Amanda, who escaped from a mental health hospital, shot and killed her husband. Only Actus reus because of amanda escaping a mental health hospital  immediately proves she was not in the right mental state to have mens rea present 15.​ Explain the difference between a Summary Offence and an Indictable Offence. What is a Hybrid Offence? Provide an example of a criminal offence for each of the above categories of crimes. Summary offence: less serious crimes with less penalty. Ex, petty theft and minor drug possession Indictable offence: more serious with harsher penalties. Ex, Murder and terrorism Hybrid offence: Crown can either try the crime as Indictable or summary chosen depending on the circumstances. Ex, Murder and impaired driving. 16.​ Explain the difference between being arrested and being detained. Arrested- Police have enough evidence to arrest or charge the person and take them into custody and question them on the crime they’re accused of being involved in. Detained- Officer suspects the person of a crime but doesn't have enough evidence to arrest or charge them so they just question them on the crime and will have to let them go after a certain period of time. 17.​ What is the most common defence used by people charged with a crime? List 2 other potential criminal defences. Denial of crime is most common Claim of insanity and self defence 18.​ Describe 5 items that are believed to sometimes lead to wrongful convictions. 19.​ Describe how the following courts are used in Canada - Supreme Court of Canada, Provincial Courts & Provincial Superior Courts. Supreme court of canada: highest court in the country and is the final court of appeal for significant cases with important issues and importance to the facts. Provincial courts: handles less serious crime cases, family law, smaller claims overall just simpler and cases of lower value Provincial superior courts: deals more serious criminal cases and large civil disputes and hears appeals of provincial 20.​ What is a plea bargain? Explain. List 2 ways in which plea bargains may be in the best interests of society and 2 ways in which they may not be. 21.​ Sentencing occurs when an individual has been convicted of a crime. List 4 possible sentence types that a judge may use depending upon the scenario. Absolute discharge Conditional discharge Fines Suspended sentence 22.​ Explain 6 goals of sentencing when an individual has been convicted of a crime. Protection of the public Retribution Deterrence Rehabilitation Restitution Denunciation 23.​ Explain 3 items that a judge will take into consideration when sentencing an individual found guilty of a crime. -Aggravating or mitigating factors: Harsher sentence if the more aggravating factors like prior record and the cruelty of the crime while mitigating factors like if the defendant shows remorse and efforts of restitution of the crime. -The circumstances of the offence: like if there was a reason you stole food say for your starving family your more likely to get a less harsher sentence -Offenders family and employment situation: say the crimes not severe and the offender has a job to work and a family to provide for the sentence from the judge can be less harsh 24.​ What is the difference between a concurrent sentence and a consecutive sentence? Explain. Which is used more often in Canada? Concurrent is when sentences run at the same time so The individual is convicted of multiple crimes and they only serve the longest sentence from the specific crimes. A consecutive sentence is sentences stacked onto eachother so say you finish one sentence then you serve the other after. Concurrent sentences are used more often to prevent prison overcrowding and give offenders more of a second chance 25.​ In Canada, most convicted individuals will be released at some point. What is Statutory Release and when is it granted? Statutory release is when ⅔ of a sentence is served you might get released in many situations and if it’s see fit 26.​ What is the YCJA? To whom does it apply? It makes The youth justice system which is separate from the adults one where crimes committed by minors 12 to 17 is covered by the YCJA and not the criminal code 27.​ Why are youths dealt with differently in the justice system? Explain 2 reasons. They are dealt with differently because there is more chance of successful rehabilitation and so minors are separated from adults 28.​ What is empanelling? Explain. List 4 items that must be true in order for an individual to be on a jury. 29.​ Number the following steps in a criminal trial in the order they would occur (1-14): __3__​ Crown’s Opening Statement __13__​ Charges to the Jury __9__​ Cross-Examination of Defence Witnesses __6__​ Motion For Dismissal __12__​ Closing Arguments __5__​ Cross-Examination of Crown Witnesses __11__​Surrebuttal __4__​ Direct Examination of Crown Witnesses _1___​ Selection of Trial Type __8__​ Direct Examination of Defence Witnesses __14__​ Verdict __7__​ Defence Opening Statement __2__​ Jury Selection __10__​ Rebuttal 30.​ There are rules of evidence regarding questioning witnesses. Leading questions, hearsay evidence and expert opinion (from non-experts) is not allowed/admissible. Explain what each of these are. Leading questions: questions that suggest the answer and is used mostly is cross examinations and not allowed in direct Hearsay evidence: statements that were made outside the courtroom and are presented to tell the truth but are usually not admissible unless there is an exception. Expert opinion(from non-experts) only people who are qualified as experts can give opinions while non-experts aren't allowed. 31.​ What is civil law? What is tort law? Explain. Civil law: deals with disputes between individuals or organizations, and usually involving money or specific actions Tort law: a branch of civil law that deals with wrongs or injuries caused by one party to the other, and allows them to seek compensation 32.​ In a criminal case it must be proven beyond a reasonable doubt that the accused committed the crime in order to have a conviction. Describe how a decision is reached in a tort case? A decision is reached based on if one party can at least show over 50% likely that the actions did or did not cause harm and the jury or judge decides if they are liable for damages based on the presented evidence. With the burden of proof lower than a criminal trial 33.​ Who are the plaintiff and the defendant in a tort case? Plaintiff: the party or person who brought the lawsuit, in which they claim to have been harmed or injured from the defendant's actions Defendant: the person or party being accused of such harm or injury. And defends themselves against the claim. 34.​ What is a Statement of Claim? Explain. Describe 4 actions that a defendant may take when they receive a claim. Statement of claim: A document outlining the facts supporting a civil action and the remedy desired -File statement of defence: admit or deny the claim and present there own version of the facts -motion to dismiss: defendant claims it’s legally insufficient and wants the case dismissed -counter claim: the defendant asserting the plaintiff is actually at fault and seeking damages -seek an extension time: defendant wants additional time to gather more evidence on the matter 35.​ Explain the following types of damages that can be awarded in a civil case: ​ Special Damages- compensation awarded to a plaintiff for actual, measurable financial losses that can be directly attributed to a defendant's wrongful act ​ General Damages- the compensation awarded to a plaintiff for losses that are not easily quantifiable or measurable in exact monetary terms. ​ Nominal Damages- small amount of money awarded to a plaintiff in a legal case where a legal right has been violated, but no substantial harm or actual loss has occurred. ​ Punitive Damages - compensation awarded in certain civil cases, primarily in tort law. Unlike compensatory damages, which are meant to reimburse the plaintiff for actual harm or losses ​ 36.​ Explain what can be done if the victim is not receiving payment after winning a civil case. An examination of the debtor can be done where a creditor can have them give information on their financial situation and assets then they can get a garnishment order where the debt can be seized from portions of their wages and bank accounts or assets if not their not paying the victim. 37.​ Describe the four concepts that must be proven in a negligence case in order to find an individual negligent in an unintentional tort. Causation- to prove the defendant actually caused the plaintiffs injuries by their actions Duty of care- the obligation you have to avoid and foresee careless actions that could cause harm to others Foreseeability- the ability for a reasonable person to anticipate the consequences of said actions Reasonable person- a reasonable person asses if the defendant's conduct was negligent 38.​ Explain the following: ​ Defamation of Character- a false statement about someone that damages their name and reputation ​ Slander- form of defamation where making false and damaging statements on someone verbally is involved ​ Libel- a form of defamation where false and damaging statements about someone are made in permanent form. 39.​ Define marriage from a Canadian legal perspective. Describe 4 requirements for a marriage to be legally binding. A union of 2 individuals in a public commitment and with certain responsibilities towards each other Valid consent- as consent can not be given under duress Termination of prior marriages- you can only be married to one person at a time Minimum age or parental consent- to get married you need to be over the age of 18 without parental consent while 16 with parental consent. Absence of prohibited relationship- you cannot marry someone you're too closely related to by blood. 40.​ Explain the difference between a marriage annulment and a divorce. Annulment declares a marriage null and void as if it didn't happen from reasons like lack of consent or fraud. While Divorce legally ends a valid marriage and still acknowledges it did exist but dissolves the spouses legal relationship. 41.​ Explain what an Alternative Dispute Resolution is and 3 reasons why they are used. 42.​ Describe the following ADR’s: ​ Negotiation ​ Mediation ​ Arbitration