Law Exam Review PDF

Introduction to Law Legal Terminology Definitions ​ Criminal v. Private Law: ​ Definition: Criminal law governs offenses against the state, prosecuted by the government. Private law deals with disputes between private individuals or entities, resolved t...

Introduction to Law Legal Terminology Definitions ​ Criminal v. Private Law: ​ Definition: Criminal law governs offenses against the state, prosecuted by the government. Private law deals with disputes between private individuals or entities, resolved through civil actions. ​ Mens rea/Actus Reus: ​ Definition: Mens rea refers to the mental intent to commit a crime, while actus reus is the physical act or conduct constituting a criminal offense. ​ Precedent: ​ Definition: Precedent refers to past legal decisions used as a guide in current cases, ensuring consistency and predictability in the law. ​ Principal Actor ​ Performs the physical act, can be multiple people ​ Aider ​ Person who helped the principal actor (looking out for cops) ​ Abetter ​ Encourages the principal actor (clapping, high five) ​ Accessory After the Fact: ​ Helping principal actor after the crime, assisting in escape ​ ​ Wilful Blindness: ​ Definition: Wilful blindness occurs when an individual intentionally avoids obtaining knowledge about illegal activities, leading to potential legal liabilities. ​ Omission: ​ Definition: Omission refers to the failure to act or the neglect of a legal duty, which can lead to criminal or civil liability. a failure to do something, especially something that one has a moral or legal obligation to do. ​ Recklessness: ​ Definition: Recklessness involves consciously taking unjustifiable risks that could result in harm, a state of mind higher than negligence. ​ Motive: ​ Definition: Motive is the reason or intention behind committing a crime, although its presence alone does not determine guilt. ​ Summary/Hybrid/Indictable: ​ Definition: These terms classify criminal offenses based on severity and the available range of punishments.  ​ Summary Offense (Summ): Less severe offenses with simpler procedures and lower penalties. ​ Hybrid Offense (Hybrid): Offenses that can be prosecuted as either summary or indictable, at the discretion of the prosecutor. ​ Indictable Offense (Indictable): More serious offenses, typically resulting in longer sentences, with a formal court process. Indictable ​ Most Serious (Max: life in prison) ​ Large range of punishment (can be as low as 2 years) ​ Ex. Sexual Assault, Arson, Murder Hybrid ​ Combination of the two, the crown decides which to proceed with which ​ Ex. Assault, theft under $5000 Summary ​ Least serious (Max: 6 months) ​ Ex. highway traffic, trespass, mischief Crimes Definitions of Criminal Terms ​ Intoxilyzer: ​ Definition: An Intoxilyzer is a breathalyzer device used by law enforcement to measure the concentration of alcohol in an individual's breath. It aids in determining if a person is driving under the influence of alcohol. ​ Prohibited (Not allowed unless in military or police) ​ Any auto weapon ​ Tear gas/sprays ​ Explosives ​ Modified weapons ​ Small handguns/hidden ​ Spring-loaded knives ​ Brass knuckles ​ Restricted (Requires license and major restrictions)  ​ Semi-automatics ​ Handguns ​ “In Good Faith” - Depends on the situation (ex. Nunchucks) ​ Non-Restricted (Requires license and minor restrictions) ​ Shotguns ​ Hunting Rifles Ages of Consent ​ Consent - Must be given freely ​ Can be withdrawn whenever ​ Intoxication, to a nullifying level ​ 12 < - Means you cannot give consent at all ​ 12 or > Means you can give consent within a 2 year range ​ 14 - 15 Means you can give consent within a 5 year range ​ 16 - 17 Means you can give consent (Unless they are in a position of trust) ​ 18