CLU3M1 Exam Review January 2025 PDF

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 -​...

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 1.​ Law in Canada a.​ 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. b.​ 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.y ​ Labor: laws, rules, and precedents that deal with employee and employer relationships. Not the same as employment law (ex. Minimum way, strikes, equal pay, working conditions c.​ Rules of Law -​ What are the 4 principles of the Rule of Law? 1.​ MOST IMPORTANT: people must recognize and accept that the law is necessary to regulate society (ex. jaywalking) 2.​ People are governed by law and not arbitrary power (specific reason) (ex. The police cannot arrest you for not liking your hair) 3.​ The law applies equally to all members of society (ex. People with more money suffer the same penalties as anyone else) 4.​ A procedure must exist to change the law in a peaceful and orderly way (ex. Legalizing marijuana) d.​ 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 e.​ 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. 2. Rights and Freedoms a.​ Development of Human Rights ❖​ Magna Carta : signed by King John. Everyone, including the King, is equal under the law. ❖​ English Bill of Rights: the monarchy must obey the laws of parliament and follow free election ❖​ Natural Rights: exist independently of any ruler of government (Life, liberty, and security) ❖​ The Bill of Rights: was added to ensure that government power would be kept in check (This pushed Western countries to sweep changes in government) ❖​ The Declaration of the Rights of Man: guarantee that all citizens would have basic freedoms. In Western nations, they began noticing injustice in society and were able to abolish slavery ❖​ The Universal Declaration of Human Rights: was created after WWII following atrocities to guarantee rights and freedoms of the world (some countries don’t follow) ❖​ Reduction Theory: a person is free to do what is not prohibited by law. Parliament then defines the limits to human rights ❖​ Human Rights: protects people from being unfairly discriminated against and found under the OHRC (ex. equity) ❖​ The Canadian Bill of Rights (John Diefenbaker) : clarify the rights and stops the court from interpreting Common Law -​ Statement of ideals for a shared vision of human rights and traditional rights -​ The only problem is that it only covered the federal government, did not apply to the provinces, and could be changed by a parliamentary majority. b.​ Canadian Charter of Rights and Freedoms (CCRF): the rights and freedoms that all canadians believe are important i. Importance and Purpose of the Charter -​ Created by Pierre Trudeau once Canada created it’s own constitution -​ Purpose is to limit the power of government and help the SCC decide how the protections will be adopted and used -​ Government cant infringe our rights, Supreme Court of Canada determines whether Gov. is acting in Ultra or Intra Vires  ii. Significance of Section 1 of the Charter -​ It signifies the balance between individual rights and interests of society by permitting reasonable limits to guarantee everyone’s rights and freedoms while maintaining safety and order. iii. What questions must be asked about the CCRF before a case ends up in the SCC? Before cases can be brought to the SCC, it must answer the following questions: 1.​ Does the Charter apply? 2.​ Has a Charter right been infringed? 3.​ Does the reasonable limit apply to the infringement? 4.​ If not, is there a remedy under Section 24? c.​ Ontario Human Rights Code (OHRC): i. Purpose of the OHRC -​ Provides comprehensive rights and protections for all individuals in Ontario -​ It takes precedence over every other Ontario Human Rights Legislation unless stated that the code does not apply iii. Different 6 types of discrimination covered by the code -​ Discrimination: treating someone unfairly based on personal characteristics that leave them with a burden or lack of equality and fairness in society -​ Systematic Discrimination: part of the social structure of any institution, they can be visible or unintentionally excluding and can hold a bias against another group that is in lower superiority -​ Constructive Discrimination: when a neutral requirement has a discriminatory effect when applied to a group that is protected under the Charter -​ Harassment: the use of vexatious comments to make someone feel un-welcomed -​ Sexual and Gender-based harassment: comments that interfere with someone’s works using sexual or anti-homophobic comments based on appearance and sexuality -​ Poisoned Environment: violates rights in the code by using negative comments that mistreat a person or group in a certain environment making them feel unequal iv. 5 Social Areas Protected by the Code -​ Service, goods, and facilities: schools, hospitals, restaurants, shops, recreation organization and facilities -​ Housing: place where you live or want to live, whether you rent or own the premise -​ Contracts: includes both written and oral agreements -​ Employment: anything that has to do with finding a job, to work assignments and environments, termination, and volunteer duties -​ Membership in vocational assistance and trade unions (ex. Ontario secondary school teachers federation) V. Remedies provided -​ Monetary: related to money (increase rent, lost wages and benefits) -​ Non-monetary: involves the OHRC by telling the applicant to “do something” (job reinstatement, correcting behavior) -​ Public Interest: ensure future compliance with the code that may not always benefit directly but will still prevent similar discrimination from happening in the future (change hiring and training process) 3. Criminal Trials Procedure a.​ Adversarial System - it is the criminal trial process in Canada Ii. Who are the parties involved? - Crown v Defendant / Accused (person charged with committing the criminal offence b.​ What is the role of each person involved -​ The crown attorney works for the government ( crimes against society ), and is responsible for presenting the burden of proof and all evidence. -​ Defense attorney works for victim, and their job is to plant doubt in the crown's case c.​ What is the Burden of Proof: to prove beyond a reasonable doubt that the accused committed a criminal offence (must prove both the mens and actus reas in order to be considered a crime) d.​ Who has the Burden of Proof: Crown e.​ What is the role of the jury? -​ Group of 12 people that must make unanimous decisions if the accused is guilty or not (they question the facts of the case while the judge questions the law) 4. Criminal Law a.​ Elements of a crime - Both must be proven beyond reasonable doubt to be considered a crime -​ Actus Reus: the guilty act and physical component. Must be voluntary and conscious -​ Mens Rea ( 5 components ) : guilty mind (mental component). The intention of committing the act. Ignorance of the law is not a defense. -​ Intention : intends to commit the actus rea (ex. She’d rather be single so she kills the child) -​ Knowledge : aware of certain facts that can prove the mens rea (ex. Knowing that you are paying with counterfeit bills) -​ Willful blindness : awareness of illegal possibilities but avoids asking questions or investigating (ex. Buys a phone for cheap but chooses not to ask if it is stolen, therefore possession of stolen property) -​ Recklessness : careless disregard for possible results of actions, and taking unjustifiable risks that a normal person wouldn’t (ex. Someone who needs glasses chooses not to wear them while driving, and ends up crashing and killing someone) -​ Criminal negligence : the disregard for the safety and lives of others (ex. Leaving a loaded gun around the house, child takes the gun and ends up shooting someone) b.​ Types of evidence- Which is admissible, which is not? -​ Direct Evidence: evidence brought through a witness during a trial on what they experienced and knowledge of the case -​ Indirect Evidence (Circumstantial Evidence): evidence that comes from the inference and conclusions of the judge and jury if there is no eye-witness testimony  -​ Character Evidence: when defence provides evidence on the character, the crown is allowed to bring up any evidence on past negative behaviour, or can be brought up if accused decides to testify -​ Privileged Communication / Evidence: certain relationships are privileged and do not need to be forced to testify (ex. Spouse, lawyers, priest, doctor) -​ Confession: when the accused makes a free voluntary statement that is not forced by any other person of authority. Can be inculpatory or exculpatory -​ Similar Fact Evidence: must be directly related to case and uses evidence to explain similar act the accused committed in the past -​ Materials, Objects, and Documents: exhibits that can submitted as evidence and verified through direct evidence/eyewitness testimony -​ Opinion Evidence: must be professional opinions (experts must be qualified) that are related directly to the case -​ Video Surveillance and Electronic Interception: in public places this can be used as evidence without warrant (police are not allowed to take surveillance footage from private conservations unless with the authorization of emergency cases) -​ Photographs: can be entered as evidence if it shows a clear portrayal of crime scene -​ Polygraph Evidence: lie detector test ( not admissible in court as it's easy to lie ) c.​ Types of offenses- hybrid, summary, indictable d.​ Types of Homicide - Homicide: killing someone directly Culpable Homicide: a killing for which the accused can be held legally responsible. 1.​ Murder (1D ) : the intended killing of someone that is planned and deliberate - One person hires another to commit murder Murder (2D): any type of murder that is not considered first-degree. Mandatory Sentence: life imprisonment 2.​ Manslaughter: killing a person by committing a lawful act. Any culpable homicide that is not considered infanticide 3.​ Infanticide: occurs when a mother kills her newborn -​ Must be under 12 months old ( infant ) -​ Accused must be biological mother of the victim -​ At the time of killing, accused must be suffering from mental health disturbance caused by not recovering from the birth of the victim -​ Non-Culpable Homicide: a killing where a person cannot be held legally responsible due to accident (ex. Self-defense, unplanned, lack of intention) e.​ Offences Against the person I. Manslaughter - the unintentional killing of someone that takes place during a crime  -​ ( ex. Robbing a store, you shoot the wall to intimidate cashier, bullet hits someone next door ) Ii First-degree murder - the intentional, planned and deliberate murder of a person. -​ ( ex. You get into an argument, leave the setting to retrieve a knife, come back and fight the person an stab them ) Iii Second-Degree Murder - a murder that doesn't fall under the requirements of first degree murder -​ ( ex. You get into a fight with someone, and pull out a knife to stab the person during the fight ) Iv Robbery - V Mischief Vi Criminal Negligence - Aiding: a criminal that is involved but doesn’t need to be at the scene of the crime. They are the ones who help the perpetrator commit the crime -​ (ex. Giving someone keys to rob a store after hours) Abetting: encourage/suggest someone to commit a crime but do not physically help -​ (ex. Telling your friend to hurt someone in a fight) Counseling: persuading someone to commit a criminal offense -​ (ex. Telling someone how to commit a crime) Accessory after the fact: applies to people who knowingly help the preparatory escape or capture, provide food, clothing, and shelter, and cannot be your spouse Viii Counselling Ix Accessory after the fact Accessory after the fact: applies to people who knowingly help the preparatory escape or capture, provide food, clothing, and shelter, and cannot be your spouse f.​ Defenses 5. Young Offenders a.​ The Youth Criminal Justice Act covers you until you are what age? -​ 12 - 17 b.​ The longest sentence of imprisonment a youth can face? -​ The maximum length of youth sentences ranges from two to 10 years, depending on the offence committed and the type of sentence imposed. However, if tried as an adult, a youth can be jailed for life for crimes such as murder. 6. Tort Law a.​ Difference between civil and criminal law Civil Law Criminal Law Type of Law Private Public Purpose Settle disputes and To punish offenders and compensate victims protect society Grounds Compensate victims Prove guilt or innocence Terminology Sued - defendant - liable Charged - accused - convicted Action Initiated by Victim initiates - Plaintiff Any individual or crown (society Citation Plaintiff V Defendant Crown V Defendant Burden of Proof Balance of Probabilities Beyond a reasonable doubt (prove actions took place the 100% by the Crown way the plaintiff described) Result of Action Liability Guilt Consequences Damages and remedies, no Punishment and record compensation b.​ Types of damages ❖​ General ​ Pecuniary - monetary compensation calculated by money ​ Non-Pecuniary - pays for losses like distress, humiliation, and loss of enjoyment of life (intangible), harder to pay back for ❖​ Special - the defendant pays for anything that the plaintiff had to pay for out of pocket before trial (ex. Drugs, rehab, therapy, money lost while in hospital) ❖​ Punitive - the defendant is punished for bad, careless, insensitive behavior. (ex. Pharmacy markets pill for morning sickness, upon further investigation it's discovered that the pill has birth defects) ❖​ Aggravated - compensation for a loss that's intangible and caused distress and humiliation for the victim (ex. You work at a store and your boss accuses you of stealing in front of your co-workers, then fires you. You can get compensation for humiliation and distress) ❖​ Nominal - minimal compensation that celebrates moral victory (ex. Someone trespasses on your property but no damage is caused) c.​ Types of Torts Defenses ❖​ Occupiers Liability - the responsibility or duty of care owed to those on your property ​ Licensees - someone that is on your property for a social event /you know them (ex. Friend has been invited for dinner)  ​ Invitee - owe the most duty of care to. On your property for a nonsocial reason (ex. Amazon delivery, mailman) ​ Trespasser - someone that has no legal right to be on your property, but you still owe them basic humanity (ex. You can't put booby traps on your property like in Home Alone) ❖​ Host Liability ​ Commercial - you distribute alcohol for financial gain ( ex. At a bar, employees are responsible for making sure intoxicated people aren't driving home ) ​ Social - you distribute drinks from home not for financial gain ( ex. At a house gathering ppl are drinking, so must make sure they get home safe ) ❖​ Indirect Liability ​ Vicarious - an innocent person is responsible for the actions of someone else (ex. parents and company are responsible for their workers/children) ​ Professional - someone in a profession is held to a certain standard of care ( ex. Doctors can’t amputate the wrong leg ) ​ Motor Vehicle - everyone operating a motor vehicle has the same set of expectations/responsibility ( ex. Avoid getting into accidents while driving ) ❖​ Trespass to Person and Land ​ Assault and Battery (Person) ​ False Imprisonment (Person) ​ Trespass to Land ❖​ Defamation of Character ​ Libel - a lander that's written about someone and then published ( ex. Newspaper ) ​ Slander - verbal lies or accusations that taint someone's character d.​ Tort defences (14) ❖​ Trespass - the person has no legal right to be on the property or legal permission ❖​ Self Defence - using necessary force for protection, not excessive ❖​ Truth - a person is accused of telling lies, turned out it was the certified truth ❖​ Necessity - it was necessary to do that action to ensure safety ( ex. Running into someone's house bc you're being chased by a wolf ) ❖​ Malice - doing something with wrongful intent ❖​ Legal Authority - a person's legal authority allows them to do something that would otherwise be considered a tort. ❖​ Voluntary Assumption of Risk - you do an activity with knowledge of how dangerous it is ( ex. Skydiving ) ❖​ Contributory Negligence - the person is completely at fault for what took place ( ex. A police officer shoots and kills his wife with a police gun ) ❖​ Inevitable Accident/”Act of God” - the incident was unavoidable and out of their control ( ex. Lightning strikes someone on your property ) ❖​ Reasonable Care - the degree of caution of conduct that is expected of a reasonable person (ex., it Snowed 5 minutes ago, couldn’t shovel) ❖​ Informal Consent - and agreement to an act with a full understanding of the risks, as with patients and medical procedures (ex. Plastic surgery) ❖​ Qualified Privilege - protection from liability statements made in certain situations as long as the statements are made without malice (ex. Teacher writing reference letter and being truthful)  ❖​ Absolute Privilege - it is a privilege that always applies to make statements freely without being sued for making defamatory statements within the place the proceedings take place (such as the court, coroners inquest, and judicial hearings) ❖​ Consent - to agree voluntarily to action, and permission granted voluntarily for a specific act (e.g., playing soccer and then getting) e.​ Negligence - 3 elements and 3 stages ❖​ Elements ​ Unintentional ​ Unplanned ​ Results in injury ❖​ Stages ​ Duty of Care - did you owe the plaintiff a duty of care? Was the result of your actions expected? Were there any risks the defendant was aware of? ​ Breach of duty of care - if yes to the above, now was the action foreseeable? ​ Causation and harm caused - the plaintiff must prove they suffered harm or loss due to the defendant's actions. 7. Family Law a.​ Requirements for Marriage ❖​ Federal ​ Mental Capacity: to understand the nature of marriage and to voluntarily agree without any mental disabilities before the marriage (ex. Illness, alcohol, or drugs) ​ Sexual Capacity: the ability to consummate the marriage without any mental disabilities that a spouse may have before the marriage (ex. Injury or psychological problem) ​ Freedom of Consent: both spouses must not be under duress or mistaken (ex. Durress - forced marriage) (ex. Mistaken - marries twin brother by accident) ​ Minimum Age and Parental Consent: The minimum age without parental consent is 18 in Ontario, Quebec, PEI, Alberta, Manitoba, Sasketewchawn, and 19 everywhere else. With consent are 16 in every province and 15 in the 3 territories. ​ Absence of Prohibited Relationship: you cannot be married to someone you have continuity with (relationship by blood). Women cannot marry step-siblings, dad, granddad, son, or grandson. Men cannot marry step-siblings, mom, grandmom, daughter, and granddaughter. ​ Termination of Prior Marriage: a spouse must be legally divorced before deciding to re-marry ❖​ Provincial: deals with the process of getting married ​ Marriage License: a legal document authorizing two people to marry ​ Bans of Marriage: a public declaration in the church announcing the couple's intention to marry (for at least 2-3 consecutive weeks) ​ Minimum Age: the minimum age in Ontario with parental consent is 16, and 18 without consent ​ Ceremony: must be performed by legal authority (ex. priest)  ​ Solem Declaration: must agree with terms by saying “I do” to become husband and wife ​ Witness: maid of honor and best man b.​ Divorce - Grounds for ❖​ Death: if someone dies the marriage is no longer valid, or if one of them goes missing for 7 years they are considered legally dead in the eyes of the law, therefore the marriage is also invalid ❖​ Annulment : basically coming forth and saying that one of the requirements of marriage are missing and therefore you were never legally married ( you can leave the marriage the way you came ) ❖​ Adultery: if one of the spouses commits adultery (having sexual intercourse with anyone other than your spouse) ❖​ Separation for 1 year: it is the most common way to get divorced because the spouses have to prove that they are legally separated in the same house or different properties ❖​ Mental or physical Cruelty: makes living together possible due to the physical cruelty that can be proven with medical reports of injuries, or mental cruelty which is harder to determine by very constructive because one of the spouses usually has a disorder or severe alcoholism 8. Important Terms a)​ Distinguishing a case; the current judge can reject the previous judge's decision from the precedent case, and create a new precedent. b)​ Void Ab Initio; the claim that the marriage was never legal in the eyes of the law (1/6 marriage requirements missing) c)​ Habeas Corpus; a court order to prevent unlawful arrest by ensuring that anyone detained is brought to a courtroom in a reasonable amount of time d)​ Ultra Vires outside their power e)​ Intra Vires; within their power f)​ Fundamental Justice ; g)​ Voir Dire judge calls for a trial within a trial to bring evidence in the case (determine if it's admissible) h)​ Causation; having to prove that the defendant's actions were the reason for the victim / plaintiff's-injury/loss/harm i)​ Dangerous Offender ; j)​ Precedent: each time a decision is made, it creates an example/guideline to be followed in future cases. Important principle common law is based on k)​ Notwithstanding Clause ; l)​ Undue Hardship; the cause of accommodations that affects the economic or health risks/conditions to the enterprise m)​ Indeterminate sentence; the sentence for an indefinite period they will stay in an institution until they see a normal display that they can be brought back into society n)​ Restitution ; o)​ Reparation ;