CLU 3M1 Review Guidance PDF

CLU 3M EXAM REVIEW GUIDELINE UNIT I: HERITAGE  What is Law? o A law is a rule needed to govern an action; a rule that is established by government for the members of its society to follow and obey.  Rule vs. Law o A law is not just an ordinary rule. Laws are mandatory, rules...

CLU 3M EXAM REVIEW GUIDELINE UNIT I: HERITAGE  What is Law? o A law is a rule needed to govern an action; a rule that is established by government for the members of its society to follow and obey.  Rule vs. Law o A law is not just an ordinary rule. Laws are mandatory, rules may be optional. o Law is a legal rule. o Laws apply to all members of society and are usually made and enforced by the government and supporting agencies. o There is a formal system of procedures for the enforcement of laws. They are generally enforceable in a court, whereas rules are usually not. o If a citizen breaks or violates a law, a system of remedies and punishments is in place to deal with the offender. o Laws are needed in every society or country to promote and keep order. Without order, anarchy or chaos develops and in the midst of anarchy society falls apart because nothing can be accomplished.  Why do we need laws? 1. Establishes rules of conduct – Ex. Ontario Highway Traffic Act Laws are needed to minimize or reduce possible conflicts and creates social order. 2. Protecting Rights and Freedoms – Ex. Constitutional Law 3. Providing Protection for Society – Ex. Criminal Law Law are needed to protect individuals from harm in our society. 4. Providing a Basis for Settling Disputes – Ex. Tort Law  The legal systrem helps resolve disputes peacefully. It also provides punishment and an appropriate remedy to the legal dispute.  Functions of law  Origins of Law: o Hammurabi – The Code of Hammurabi is a Babylonian legal text composed during 1755–1750 BC. It is the longest, best- organized, and best-preserved legal text from the ancient Near East. It is written in the Old Babylonian dialect of Akkadian, purportedly by Hammurabi, sixth king of the First Dynasty of Babylon. o Mosaic – The law that, according to the Old Testament, God gave to the Israelites through Moses. Mosaic law begins with  the Ten Commandments and includes the many rules of religious observance given in the first five books of the Old Testament. Main Features: -Distinguish between intentional and deliberate acts -Restitution Impact on Canadian Legal System: -Influence of religion and morality on the development of law. -Criminal law reflects the principles that life is sacred and must be protected. -Restitution is also a significant sentencing objective. o Greek – -Citizen participation -Jury system -Citizens involved in sentencing. Impact on Canadian Legal System: -Citizen participation is very important today -Modern jury system Examples: -Trial of Socrates. (399 BC) was held to determine the philosopher's guilt of two charges: impiety against the gods, and corruption of the youth of the city-state. He was found guilty but accepted that he had received a fair trial.  o Roman – -Law must be recorded -Law cannot be left to judges alone to interpret -Legal advisors – Lawyers -Number of laws increase to reflect more complex society. Impact on Canadian Legal System: -Public prosecution of crimes -Victim compensation -Accused has legal representation Example: The Twelve Tables was a set of laws inscribed on 12 bronze tablets created in ancient Rome in 451 and 450 BCE. They were the beginning of a new approach to laws which were now passed by government and written down so that all citizens might be treated equally before them. o Justinian Code – Clarified and rationalized 1600 books of roman law -included property rights, rights to a fair trial, and rights to privacy  included collection of past laws and extracts of the opinions of the great Roman jurists. -Formed the basis of civil law system -Influenced the legal system of most European systems Impact on Canadian Legal System: -Canadian law has been influenced by the civil law system The Justinian Code addressed many important issues including marriage, property, crime, adoption, slavery, business, and trade laws. Pretty much everything an empire might need was included in those laws. There are many laws that still make sense even today. For example, the code stated that all ports and rivers were public areas, therefore everyone had the right to fish in those waters. It also talked about how the price of something you are selling has to be honest and fair, otherwise you could be charged with stealing. o Napoleonic Code 1804, France – -Easily accessible to the public -Regulated civil matters such as property, wills, contracts and family law  Impact on Canadian Legal System: -The Napoleonic code was the basis for the Quebec Civil Code -It is still used in the province of Quebec today o Medieval England - common law – Common law refers to a legal system based on customs, traditions, and judicial decisions rather than written laws. Decisions were recorded and used as a guide for future cases, creating consistency and predictability in the legal system. The foundation for legal systems in many countries, including Canada, where case law is still used to interpret legislation. o Magna Carta (1215) – A charter signed by King John of England at Runnymede in 1215, limiting royal power and establishing that the king was subject to the law.  No one, not even the monarch, is above the law. Guaranteed certain rights to nobles, later extended to all citizens (e.g., protection from illegal imprisonment). Impact on Canadian Law: Inspired constitutional principles like the rule of law and due process. Influenced the development of legal rights and freedoms in Canada. o Precedent – A legal principle established in earlier judicial decisions that courts follow in future cases with similar facts. Ensures consistency and fairness in the legal system. Canadian courts heavily rely on precedents, especially from the Supreme Court of Canada. o Statute of Westminster (1931) – An act of the British Parliament that granted full legal autonomy to Canada and other Commonwealth nations. Allowed Canada to make and amend its own laws without British approval.  Recognized Canada's legislative independence. Marked a significant step toward full sovereignty. Paved the way for the patriation of the Constitution in 1982. o Rule of Law – The principle that law applies equally to all individuals, regardless of power or status. Laws must be clear, publicized, and stable. Everyone is entitled to due process and protection under the law. Government authority is exercised within the framework of established laws. Enshrined in the Canadian Charter of Rights and Freedoms. Ensures that laws are applied fairly and justly in society.  Influences on Canadian Law Canadian law has been shaped by various influences, blending Indigenous, British, and French traditions. Indigenous laws, such as the Great Law of Peace from the Haudenosaunee Confederacy, emphasized democratic governance and restorative justice. British common law introduced the concept of precedent, ensuring consistency in legal decisions, while French civil law provided the basis for the Quebec Civil Code, focusing on codified laws for private matters. Additionally, international agreements, such as the UN Universal Declaration of Human Rights, have influenced Canadian law by embedding global standards into domestic policies. Types of Law - common law vs statute law. Canadian law is divided into common law and statute law. Common law is developed through judicial decisions and relies on precedents set in court cases. This type of law is flexible, adapting to societal changes over time. In contrast, statute law consists of formal legislation passed by elected officials at the federal, provincial, or municipal level. Statutes are written laws addressing specific issues, such as the Criminal Code of Canada. While common law interprets how statutes are applied, statute law provides the foundational rules for governance and justice. Divisions of law: Substantive and Procedural Law in Canada is divided into substantive and procedural categories. Substantive law defines the rights, duties, and obligations of individuals and governments, such as laws prohibiting theft or establishing property rights. Procedural law, on the other hand, governs the processes by which substantive laws are enforced. This includes rules of evidence, court procedures, and protocols for filing lawsuits. Together, these divisions ensure that both the content of the law and the methods of its enforcement are fair and effective. Categories of Law ( p 11 chart in text ) - public vs private law Canadian law is broadly categorized into public and private law. Public law governs the relationship between individuals and the state, including constitutional, administrative, and criminal law. For example, criminal law outlines offenses and penalties for crimes against society. Private law, in contrast, addresses disputes between individuals or organizations. This includes areas such as tort law, family law, contract law, and property law. By distinguishing between public and private law, Canada ensures a comprehensive legal system that addresses all aspects of governance and civil life. Canada’s Constitution The Constitution is the supreme law of Canada, outlining the structure of government and guaranteeing fundamental rights and freedoms. It is composed of the Constitution Act, 1867, which established Canada’s federal system, and the Constitution Act, 1982, which added the Charter of Rights and Freedoms. The Constitution ensures the division of powers between federal and provincial governments while protecting individual rights. As the foundation of Canada’s legal and political systems, it ensures that all laws and government actions adhere to constitutional principles. Patriating the Constitution (1982) The patriation of Canada’s Constitution in 1982 marked a pivotal moment in the country’s history. Previously, Canada’s Constitution was under the control of the British Parliament. The patriation process transferred full sovereignty to Canada, allowing it to amend its Constitution without British approval. This event also introduced the Canadian Charter of Rights and Freedoms, enshrining fundamental rights such as equality, freedom of expression, and legal protections. Additionally, an amending formula was established, making future constitutional changes possible through Canadian consensus. Government and Law Making Canada’s government operates within a federal system, where powers are divided among federal, provincial, and municipal levels. The federal government handles national issues such as defense, immigration, and criminal law. Provinces manage areas like education, health care, and property law, while municipalities create by-laws for local governance. The law-making process begins with the introduction of a bill in Parliament, followed by readings, debates, and committee reviews in both the House of Commons and the Senate. Once approved, the bill receives Royal Assent and becomes law. Sources of Law Canada’s legal system is derived from four primary sources: constitutional, statute, common, and international law. Constitutional law is the highest authority, ensuring that all laws and government actions align with the Constitution. Statute law consists of written laws passed by federal, provincial, and municipal governments. Common law is developed through court decisions and relies on judicial precedents to interpret statutes. International law, such as treaties and agreements, also influences Canada’s legal system by integrating global principles into domestic policies. UNIT 2: RIGHTS AND FREEDOMS The Rights and Freedoms of Canadians The rights and freedoms of Canadians are guaranteed under the Canadian Charter of Rights and Freedoms, which is part of the Constitution Act, 1982. These include fundamental freedoms (e.g., freedom of religion, speech, and assembly), democratic rights (e.g., voting rights), and mobility rights (e.g., the right to move within Canada). The Charter also provides legal rights (e.g., protection against unlawful detention) and equality rights, ensuring all individuals are treated equally regardless of race, religion, or gender. Development of Human Rights The development of human rights in Canada is rooted in historical milestones such as the Universal Declaration of Human Rights (1948) and the enactment of the Canadian Bill of Rights (1960). This evolution culminated in the inclusion of the Charter of Rights and Freedoms in 1982, which guarantees constitutional protection for human rights and freedoms and serves as a model for legislation such as provincial human rights codes. Charter of Rights and Freedoms The Charter protects Canadians' rights and freedoms while recognizing reasonable limits prescribed by law (Reasonable Limits Clause). Section 33, the Notwithstanding Clause, allows governments to override certain Charter rights temporarily. Fundamental Freedoms (s2) include freedoms of religion, expression, and assembly. Sections 3-6 cover Democratic and Mobility Rights, while Legal and Equality Rights (s7-15) address protection against discrimination and fairness in legal proceedings. Sections 25-31 safeguard Language and General Rights, including Indigenous rights. What are Human Rights? Human rights are inherent rights and freedoms that belong to every individual, ensuring dignity, equality, and respect. These rights protect individuals from discrimination and abuse and include freedoms such as speech, religion, and equality under the law. Administering Human Rights Human rights in Canada are administered by federal and provincial human rights commissions. For example, the Canadian Human Rights Commission addresses discrimination issues under federal jurisdiction, while provincial bodies, like the Ontario Human Rights Commission, handle complaints within provincial jurisdiction. Grounds of Discrimination Discrimination occurs when individuals are treated unfairly based on characteristics such as sex, sexual orientation, disability, religion, race, or marital status. These are the prohibited grounds of discrimination under Canadian human rights codes, ensuring equality and fairness in employment, housing, and services. Defences Against Human Rights Code Violation Complaints Defences against human rights complaints may include bona fide occupational requirements (e.g., safety regulations requiring specific physical capabilities) or proof that accommodation would cause undue hardship to an organization. How to File a Complaint with the Ontario Human Rights Commission Individuals can file complaints with the Ontario Human Rights Commission by submitting an application outlining the discriminatory act, the respondent's details, and the desired remedy. The process involves mediation, investigation, and, if unresolved, a hearing before the Human Rights Tribunal of Ontario. Charter vs Provincial Human Rights Codes The Charter of Rights and Freedoms applies to government actions and laws, ensuring constitutional protection of fundamental rights. Provincial human rights codes focus on protecting individuals from discrimination in private and public settings, such as workplaces and housing. UNIT 3: CRIMINAL LAW What is Criminal Law? Criminal law defines behaviors considered harmful to society and prescribes penalties for these offenses. It seeks to deter crime, protect individuals, and ensure justice through a fair legal process. Criminal Law vs Civil Law Criminal law addresses offenses against society, such as theft or assault, with the state prosecuting offenders. Civil law resolves disputes between individuals or organizations, such as breaches of contract, often resulting in financial compensation rather than punishment. Causes of Crime Crime can stem from various factors, including economic inequality, lack of education, substance abuse, mental health issues, and societal influences such as peer pressure or media. Elements of a Crime: Actus Reus and Mens Rea For an act to be considered a crime, two elements must be proven: actus reus (the guilty act) and mens rea (the guilty mind or intent). Some offenses, such as regulatory violations, may not require mens rea. 3 Types of Criminal Offenses 1. Summary Offenses: Less serious crimes, such as trespassing, punishable by fines or short imprisonment. 2. Indictable Offenses: Serious crimes, such as murder, with severe penalties. 3. Hybrid Offenses: Crimes prosecuted as either summary or indictable offenses, based on the severity of the case. Citizen’s Arrest A citizen’s arrest allows individuals to detain someone committing a crime under specific circumstances, such as protecting property or preventing harm, but must be executed with caution to avoid legal consequences. Criminal Code - Offences Offences Against People These involve crimes that harm individuals, such as assault, murder, and sexual assault. The severity of these offenses often depends on intent and the degree of harm caused. Offences Against Property Property crimes include theft, fraud, arson, and vandalism. These offenses involve damage to or unlawful possession of property belonging to another person. Offences Against Morality These crimes typically relate to societal norms and ethical conduct, such as prostitution-related offenses, gambling violations, and obscenity laws. Drug Offences Drug-related crimes include possession, trafficking, production, and importation of illegal substances. The Controlled Drugs and Substances Act governs these offenses in Canada. Parties to an Offence Aider An aider is someone who assists another person in committing a crime, either before or during the act. Abettor An abettor encourages or instigates someone to commit a crime but does not necessarily participate in the act itself. Counsellor A counsellor advises or persuades another person to commit a crime, even if the crime is not carried out. Accessory After the Fact An accessory after the fact helps a criminal avoid detection or capture after the crime has been committed, such as hiding them or destroying evidence. Defences Mental States Defenses involving mental states include insanity (not criminally responsible due to mental disorder) and automatism (unconscious, involuntary behavior). Justifications Justifications include self-defense, defense of property, or necessity, where the accused’s actions are deemed reasonable and necessary under the circumstances. Other Defences Other defenses include duress (coercion to commit a crime under threat), mistake of fact (unintentional wrongdoing due to misunderstanding), or alibi (proof the accused was elsewhere when the crime occurred). Offences Break and Enter This involves unlawfully entering a building with the intent to commit an indictable offense, such as theft. Assault Assault refers to the intentional application of force to another person without their consent. Levels range from simple assault to aggravated assault causing serious harm. Drugs Drug offenses include possession, trafficking, and production of illegal substances. Penalties vary based on the type of drug and quantity involved. Property Crimes against property include theft, fraud, and mischief, involving damage or unlawful possession of property. Weapons Weapons offenses include possession of prohibited firearms, carrying concealed weapons, and using a weapon during the commission of a crime. Motor Vehicle/Impaired Motor vehicle offenses, such as impaired driving or dangerous operation, involve operating a vehicle under the influence of alcohol, drugs, or recklessly. Culpable vs. Non-Culpable Homicide Culpable Homicide This refers to causing a person’s death through intentional acts, recklessness, or criminal negligence. Examples include murder and manslaughter. Non-Culpable Homicide This occurs when death is caused by accident or in circumstances where the accused is not legally at fault, such as self-defense or a natural disaster. UNIT 4: CRIMINAL TRIAL Levels of Police Canada has three levels of police: municipal, provincial, and federal. Municipal police serve cities, provincial police handle  broader areas (e.g., the Ontario Provincial Police), and the Royal Canadian Mounted Police (RCMP) enforces federal laws and operates nationally. Police Investigation A police investigation involves gathering evidence to establish whether a crime has occurred. Steps include interviewing witnesses, collecting physical evidence, and analyzing the scene of the crime to build a case. Physical Evidence Physical evidence, such as fingerprints, DNA, or weapons, plays a crucial role in criminal trials. It provides objective proof that can link an accused to the crime scene or exonerate them. Arrest and Detention An arrest occurs when a police officer takes a suspect into custody, informing them of their rights, including the right to remain silent and the right to legal counsel. Detention refers to temporary holding without full arrest, often for questioning. Search and Seizure The Charter of Rights and Freedoms protects against unreasonable search and seizure. Police must obtain a warrant, unless there are exigent circumstances (e.g., immediate danger), to search property or seize evidence legally. Pre-Trial Release Pre-trial release, such as bail, allows an accused person to remain free until their trial, provided they follow conditions set by the court. The goal is to balance the presumption of innocence with public safety. Criminal Court Participants Key participants include the judge, crown prosecutor, defense lawyer, jury (if applicable), and witnesses. Each plays a role in ensuring a fair trial and upholding justice. Role of Jury A jury consists of 12 impartial citizens who determine the guilt or innocence of an accused based on evidence presented during the trial. Jurors must reach a unanimous decision in criminal cases. Criminal Trial Process The process begins with the arraignment, where charges are read, followed by evidence presentation, witness testimonies, and closing arguments. The judge or jury delivers the verdict, followed by sentencing if there is a conviction. UNIT 5: CORRECTIONS AND YOUTH Goals of Sentencing – 4 Objectives The four goals of sentencing are: deterrence (discouraging crime), rehabilitation (reintegrating offenders into  society), retribution (punishing wrongdoing), and protection of society (ensuring safety from dangerous individuals). Sentencing Procedures Sentencing follows a conviction and involves consideration of factors such as the offender’s background, the severity of the crime, and victim impact statements. Judges may refer to sentencing guidelines or precedents. Types of Sentences Sentences include incarceration, fines, probation, community service, or conditional sentences (e.g., house arrest). Courts aim to balance punishment, rehabilitation, and societal protection. Restorative Justice Restorative justice emphasizes repairing harm caused by criminal behavior. It involves dialogue between the offender, victim, and community, focusing on accountability and reconciliation rather than punitive measures. Youth Criminal Justice System (YCJS) The YCJS applies to offenders aged 12–17, emphasizing rehabilitation and reintegration. It replaced the Young Offenders Act in 2003, aiming to address youth crime through fair and proportionate measures. Youth and Crime Youth offenders often face challenges such as peer pressure, lack of support, or difficult circumstances. The YCJS considers these factors and aims to prevent reoffending through education and community programs. Legal Rights of Young People Under the YCJS, youth have the right to legal representation, protection against unreasonable search and seizure, and the right to a fair trial. Sentencing considers their age and potential for rehabilitation. Sentencing Options Youth sentencing options include community service, probation, attendance at rehabilitation programs, or secure custody for serious offenses. The focus is on accountability while providing opportunities for positive change. UNIT 6: CIVIL LAW – TORT Define Tort Law Tort law deals with civil wrongs causing harm to individuals, such as negligence or defamation. It seeks to compensate victims rather than punish offenders. Elements Necessary to Prove Tort To prove a tort, the plaintiff must demonstrate duty of care, breach of that duty, causation, and damages resulting from the defendant's actions.  Define Thin-Skull Rule The thin-skull rule holds defendants liable for a plaintiff’s injuries even if the plaintiff has pre-existing vulnerabilities. For example, if a minor injury leads to severe consequences due to a pre-existing condition, the defendant remains fully responsible. Define Next Friend A next friend is a person who represents a minor or someone incapable of managing their legal affairs in a lawsuit, ensuring the individual's interests are protected. EXAM Part A: Multiple Choice (K/U) 20 Part B: Matching (K/U) 10 Part C: Short Answer (T) 30 Part D: Case Analysis (A) 10 Communication (T/C) 10