CLU3M Exam Review PDF

CLU3M Exam Review Concepts highlighted in yellow were mentioned by Teacher Concepts highlighted in red likely are not on Exam Rules vs. Laws -​ A rule is made by anyone with authority over others and must be obeyed by everyone under that authority -​ A law is a legal rule made by the go...

CLU3M Exam Review Concepts highlighted in yellow were mentioned by Teacher Concepts highlighted in red likely are not on Exam Rules vs. Laws -​ A rule is made by anyone with authority over others and must be obeyed by everyone under that authority -​ A law is a legal rule made by the government by a prescribed method and must be obeyed by everyone who chooses to live in that society. Rule of Law* The rule of law is a principle of justice that ensures that: -​ society is regulated -​ law applies to everyone equally -​ people are not governed by arbitrary power Five Functions of Law The main functions of law are to: 1.​ Establish Rules of Conduct: guidelines for individuals, reduces conflicts. 2.​ Provide a System of Enforcement: enforcement gives laws meaning 3.​ Protect Rights and Freedoms: prevents unjust limitation of rights 4.​ Protect Society: protect people from harm & being taken advantage of 5.​ Resolve Disputes: settles disputes fairly and maintains order and justice Historical Roots of Law -​ Code of Hammurabi* -​ First recorded laws, created by King Hammurabi of Babylon. -​ Based on retribution (revenge) and restitution (compensation) -​ Mosaic Law* -​ Considered whether an action was deliberate or accidental as a factor of the severity of punishment -​ Biblical law, the 10 Commandments -​ Greek Law -​ First form of democracy, citizen involvement was important (only include men) -​ Citizens were responsible for voting and held jury duty -​ Roman Law -​ Law had to be recorded; justice couldn't rely solely on judges. -​ Use of specialized advisers (lawyers) due to complex and numerous laws. -​ Justinian’s Code* -​ Clarified/revised version of Roman Law (by 10 men)  -​ Formed basis of modern Civil Law -​ Napoleonic Code -​ Made law accessible to the public -​ Regulated civil matters such as property, wills, contracts and family law -​ Early British Law -​ There were three main forms of trials, Trial by… -​ by Ordeal: accused is tortured, if they die they were guilty -​ by Combat: both parties fought a duel; winner is innocent -​ by Oath Helping: friends of accused would swear on the Bible Common and Case Law* Case law - judicial decisions that set precedents for future cases. Common law - relies on these decisions rather than written statutes, evolving over time as courts interpret the law. Sources of Law Three Main Sources* All Canadian laws originate from three sources: 1.​ Constitutional Law - Canadian Constitution: Determines the structure of the federal government and divides law making powers between federal and provincial. It overrides all other laws which can be struck down if they are in violation of the Constitution 2.​ Statute Law - Elected Government Representatives: Consists of acts which become laws through formal procedures through the Parliament and provincial legislation. It overrides Common Law. It can be further subcategorized into: -​ Substantive: consists of the rights and duties or each person in society -​ Procedural: protection of rights and duties under substantive law 3.​ Common Law - Previous Legal Decisions: Judge-made laws that originate from decisions of judges in previous cases. Lawyers use precedent to argue outcomes of cases 4.​ Bylaws - laws that deal with local issues and are passed by municipalities Other Types of Laws 1.​ Public Law: Regulates disputes between Citizen + Society. Some forms of public law include: -​ Constitutional Law: government powers, citzen rights etc. -​ Administrative Law: relations between people and gov’t agencies -​ Criminal Law: identifies crimes, and prescribes punishment 2.​ Private Law: Regulates disputes between individuals and organizations. Some forms of private law include: -​ Tort Law: damages caused by persons or private organizations  -​ Contract Law:governs agreements between people & businesses. -​ Property Law: governs ownership rights over a property. -​ Estate Law (Wills): division & distribution of property after death. -​ Family Law: deals with marriage, divorce, child custody etc. -​ Employment Law (Labour): governs employer-employee relations Branches of Government Executive Branch -​ Responsible for carrying out the plans and policies of the government FEDERAL PROVINCIAL Queen (representative) Queen Governor-General Lieutenant-General Prime Minister Premier Cabinet (elected by Prime Minister) Cabinet (elected by Premier) Public or Civil Service Public or Civil Service Legislative Branch -​ Responsible for passing statute laws and amending existing legislation -​ Convert bills (proposed laws) into legislatively FEDERAL PROVINCIAL Governor-General Lieutenant-General Senate - Upper House (up to 75 y.o) (Appointed by Governor General) House of Commons - Lower House Legislative Assembly (MLAs or MPPs) (Elected MPs) Judiciary Branch -​ Responsible for adjudicating disputes, interpreting law, and making appropriate punishments -​ Independent from the other branches -​ Consists of judges and justices who make decisions on merit not politics -​ There are four main courts: -​ Supreme Court -​ Provincial Court of Appeal -​ Superior Court (for serious offenses) -​ Provincial Courts (for less serious offenses) Key Terms Rule of Precedent applying previous decisions to a case with similar circumstances Habeas Corpus “you must have body”; Court order that prevents unlawful arrest by ensuring anyone detained is charged before a court within a reasonable amount of time. Intra Vires “within the power”; when a government passes law within their jurisdiction. Ultra Vires “beyond the powers”; when a government passes law outside their jurisdiction. Unit 2 - Rights, Freedoms, and Responsibilities Canadian Charter of Rights and Freedoms -​ A section of the constitution act, 1982, which sets out constitutionally protected rights and freedoms. -​ applies to all laws and government actions in Canada, ensuring they respect individuals' rights. -​ covers both federal and provincial jurisdictions. -​ Courts can strike down or modify laws and actions that violate Charter rights. Fundamental Freedoms -​ Freedom of Conscience and Religion: You have a right to entertain the religious beliefs you choose. To declare these beliefs openly without fear. To express your religious beliefs through practice, worship, teaching, and dissemination. -​ Freedom of Thought and Expression: You are free to think and believe what you want.To publicly express your opinions through writing, speech, painting, photography, and other means. -​ Freedom of Association and Peaceful Assembly: Freedom to assemble for peaceful purposes. Ability to connect with other groups such as unions, political parties, cultural groups, educational organizations or sporting groups. Democratic and Mobility Rights -​ Democratic Rights right to vote and run for office, the need for new government every five years, except under certain conditions, and the need of assembly for the Parliament and Provincial Legislative annually -​ Mobility Rights right to move, remain in and leave any province in or outside of Canada and extradition (surrendering an accused person to another jurisdiction to face trial) Legal and Equality Rights -​ Anyone with criminal justice system involvement is protected by this right. -​ Ensures rights are protected during crime investigation, procedural fairness at trials, and deciding if use of evidence is right when sentencing convicted offenders. Notwithstanding Clause -​ Can be invoked by federal or provincial governments, allowing them to pass legislation that is exempt from s.2 and s. 7 to 15 -​ Protects laws from being struck down by courts for violating the Charter. -​ Temporary, only remain in effect for a maximum of five years. Language and General Rights -​ French and English are Canada’s official languages, used in Parliament and federal agencies. -​ Children can be educated in the other language if: -​ Their first language is French, -​ They received primary education in French, -​ Their parents received education in French. Limiting Rights -​ Limiting rights means the rights in the Charter can be restricted if the limits are important enough, limiting measures are reasonable/logical, rights are limited as little as possible, and the more severe the right limited, the more importance of objective. (Oakes Test) -​ It is important because it ensures balance, judicial oversight, flexibility and prevents abuse. Human Rights Human Rights the right to receive equal treatment, to be free from prohibited discrimination and harassment, and to have access to places, services and opportunities. The legal documents that cover human rights are called human rights codes. Stereotype vs. Prejudice vs. Discrimination Stereotypes are labels applied to ALL members of a certain group. (defined as oversimplified, standardized or fixed judgment of a group of people. Prejudice is a preconceived opinion or attitude towards an individual based on a stereotype they belong to. Discrimination is when unfair actions are taken because of stereotypes and prejudice. Discrimination can also be classified as: -​ constructive discrimination: employment policies that inadvertently exclude certain individuals, resulting in discrimination (height requirement for police) -​ direct discrimination: an overt act of discrimination (openly refusing employment from someone part of a certain group) Canadian Human Rights Act Prohibited Grounds The Canadian Human Rights Act (CHRA) prohibits discrimination in areas like employment, housing, and services. It identifies specific prohibited grounds of discrimination to protect individuals from unfair treatment. Some grounds covered include: -​ National/Ethnic Origin: based on cultural heritage (ex. rejecting a qualified candidate with an accent) -​ Religion: based on beliefs or religious practices (ex. student cannot be forced to recite something contrary to their religion) -​ Age: based on youth or seniority (ex. forcing an older employee to retire) -​ Sex/Gender: based on sex, gender identity and pregenancy (paying a woman less than a man in the same role) -​ Physical/Mental Disability: based on disabilities (denying a wheelchair user access to a building without ramps) Human Rights Tribunal The Human Rights Tribunal is a specialized body that resolves complaints of discrimination and harassment Key Terms Capital Offences are serious crimes that can be punishable by death or life imprisonment, depending on the laws of a country. Examples often include murder, terrorism, treason, and espionage. Freedoms are rights to conduct one’s affairs (to act, speak or think) without facing interference from the government. Freedoms can be limited if they affect public safety and infringe on the rights and freedoms of others. Rights are entitlements that citizens can expect from their government Inalienable Rights are entitlements that are guaranteed and cannot be surrendered or transferred to another (ex. Equality and liberty) To Invoke is to put a law into effect. Accommodate is to eliminate or adjust requirements or conditions to enable a person to carry out the essential duties of an activity or job. Bona Fide Occupational Requirements are qualifications that would normally be considered discriminatory but are necessary for proper or efficient job performance. Complainants are the people making an allegation of discrimination. Respondents are the party that responds to an appeal; also, the person or organization being sued in a legal action, such as a divorce or complaint of discrimination. Prima Facie is something that is legally sufficient to establish a fact or case unless disproved by contrary evidence. Undue Harship is the result of a change that would affect the economic viability of an enterprise or produce a substantial health and safety risk that outweighs the benefit of accomodating someone. (In short, it's when helping/accomodating someone isn’t possible without causing serious problems.) Unit 3 - Criminal Law Criminal Code of Canada The Criminal Code of Canada is a federal statute that contains the majority of the criminal laws passed by Parliament. It lists various offences and their sentencing. The Code is meant to reflect the social values of the majority of Canadians. Crime Crime is an act or omission of an act that is prohibited and punishable by federal statute. In general there are four criteria for something to be considered a crime: 1.​ The act is considered wrong by society 2.​ The acts harms all of society or vulnerable groups 3.​ The harm done must be serious 4.​ The remedy must be handled by the criminal justice system Elements of a Crime To convict someone of a criminal offence in Canada, the Crown must prove that there were two elements present when the act occurred: 1.​ Actus Reus “the guilty act”, voluntary action, omission or state of being that is forbidden, involves actions that cause harm to a person or damage to property. 2.​ Mens Rea mens rea = the guilty mind, deliberate intention to commit a wrongful act, with reckless disregard for the consequences. intent - state of mind where someone desires to carry out the crime, knowing the results & reckless to consequences it can be: -​ general intent: without ulterior motive/purpose -​ specific intent: for the sake of accomplishing another crime Involvement in a Crime Some participants of a crime include: Perpetrator: person who commits crime (co-perpetrators if multiple people) Party to the Offense: people indirectly involved with committing crime Aiding: person who helps perpetrator commit a crime Abetting: person who encourages perpetrator to commit a crime Counseling: person who advices, recommends or persuades perpetrator Accessory After the Fact: person who knowingly helps perpetrator escape Conspiracy An agreement between two or more people to carry out an illegal act, even if that act does not actually occur. Members of Court Jury Duty The Jury, a group of 12 randomly selected citizens, is chosen by the Crown and defense. They listen to the trial, review evidence, follow the judge's instructions, and must unanimously decide the accused's guilt. Some qualifications required for jurors include: -​ 18 years of age or older -​ Resident of the province for at least one year People exempt from jury duty include politicians, police officers, lawyers and probation officers. Challenge for Cause excluding potential jurors for a particular reason (e.g. bias, incapability, criminal history), unlimited challenges for cause Peremptory Challenge excluding potential jurors without providing a reason, this gives accused more power, limited peremptory challenges (20 in serious cases, 16 in less serious cases w/ 5+ years, 4 in other cases) Beyond a Reasonable Doubt A standard of proof whereby a defendant’s guilt must be proven to the extent that a reasonable person would have no choice but to conclude that the defendant committed the crime. Burden of Proof The Crown’s obligation to prove the guilt of the accused beyond a reasonable doubt. Judge Role The role of a judge is to act as an appointed court official who: -​ tries cases, -​ sentences the accused, -​ decides on the admissibility of evidence, -​ controls the courtroom, and -​ interprets the law. Evidence Eyewitness Accounts: description given by a person that was present at crime. Hearsay Statements: evidence based on information received from another rather than personal knowledge. Circumstantial: indirect evidences that leads to reasonable inferences Character: establishes the likelihood that the defendant would commit a crime. Voir Dire: mini-trial excludes jurors to discuss evidence admissibility and prevent jury bias. Impressions are patterns or marks found on surfaces or caused by various objects, such as fingers, gloves, shoes, tires or tools. There are two types of characteristics that can be found in impressions: -​ class: general attributes of an object (type, make, model, style, size) -​ individual: specific/unique features (wear and tear) Arrest and Detention Detention: legally depriving a person of liberty for the purpose of asking questions, with or without physical restraint. Warrant: court order that serves as a specific type of authorization Bench Warrant: arrest warrants issued directly by the judge when an accused person fails to appear in court. Appearance Notice: a legal document, usually issued for less serious offences, compelling an accused person to appear in court. Summons: a legal document issued for an indictable offence, ordering an accused person to appear in court. Justice of the Peace is the court official with less authority than the judge, but can issue warrants and arrests and hear bail applications Levels of Offences 1.​ Summary Convictions Convictions that are less serious, carry light penalties and are tried in Provinical Court by a judge only considered less serious (ex. nudity) 2.​ Indictable Offences Convictions that are more serious than summary, carry heavy penalty, and are tried in Provincial or Superior Court by judge or judge and jury (ex. murder) 3.​ Hybrid Offence Convictions can be tried as summary or indictable, severity varies according to the circumstances of the crime. 4.​ Quasi-Criminal Laws Convictions covering less serious (non-criminal) offenses at the provincial or municipal level. They are often punishable by fines (ex. Liquor Control Act) Types of Offences: Culpable Homicide The unlawful killing of a person where the accused is held legally responsible due to intent, negligence, or recklessness. Murder (I): The intentional killing of another human being, there are two types: 1.​ First Degree: planned, deliberate, result of a contract, killing peace officer (min: life imprisonment w/o parole for 25 years) 2.​ Second Degree: any intentional killing not classified as first-degree murder (min: life imprisonment w/o parole for 10 years) Manslaughter (I) Any culpable homicide that is not murder/infanticide (max: life imprisonment) Theft Taking property permanently or temporarily, without the owner’s permission Under $5000 (H): (2 years) Over $5000 (I): (10 years) Assault With Weapon (H) Injuring a person in a way that has serious consequences for the victim’s health or comfort (max: 10 years) Aggravated Assault (I): Wounding, maiming, disfiguring, or endangering the life of the victim (max: 14 years) Aggravated Sexual Assault (I): Sexual assault that involves wounding, maiming, disfiguring, or endangering the life of the victim (max: life imprisonment) Breaking and Entering Entering the premises without permission with the intent to commit an indictable offence. Private Home: (max: life imprisonment) Commercial Property: (max: 10 years) Mischief Willfully damaging or destroying property or data, rendering them useless, or interfering with their lawful use. Drug Offenses Possession: the state of having knowledge of and control over a drug. In possession, a person must know what the item is, a person can be found in possession of drugs even if they give it to someone else and a person can be charged if they consent to its possession from someone else. Trafficking: involves selling, giving, transporting, or distributing a controlled substance or an authorization for a controlled substance. Penalties depend on the Schedule of the Drug. Mistake of Law vs Fact Mistake of Law is simply ignorance of the law. Mistake of Fact is a defence that the accused made an honest mistake that led to the breaking of the law. For mistake of fact to succeed, the defendant must prove that the mistake was honest and if the facts were as the accused believed them to be no criminal offence would have occured. Principles of Sentencing Protection of the Public: protecting people, their lives, property, rights etc. Retribution: punishing offender to avenge crime, giving consequences Deterrence: punishment to prevent criminals and others from offending Rehabilitation: treatment and training to help offenders function in society Restitution: compensation; monetary, community service Denunciation: condemning offenders for their conduct Traditional Sentencing Some traditional sentencing options a judge may issue an offender include: 1.​ Discharge: most lenient sentence where the convicted offender is released, it can be: -​ absolute: releasing an offender and erase record after one year -​ conditional: releasing an offender under certain conditions (not associating with criminals, avoiding alcohol/drug use etc.) and erasing records after 3 years if conditions are met. 2.​ Probation: a sentence that allows a person to live in the community under the supervision of a parole officer. A breach in probation can result in additional imprisonment and/or fining. 3.​ Suspended Sentence: when a sentence is decided but is not carried out as long as the offender meets certain conditions. 4.​ Intermittent Sentence: sentences of less than 90 days that are served in intervals (during weekends or at night). This occurs if offender is not violent, has steady employment and is economically relied on by family. 5.​ Indeterminate Sentence: prison sentence that allows an offender to be held for an indefinite period of time. 6.​ Conditional Sentence: prison sentences that can be served in the community, with strict terms (i.e. rehab programs) attached. 7.​ Concurrent Sentence: prison sentences served at the same time 8.​ Consecutive Sentence: prison sentences served one after the other 9.​ Electronic Monitoring: sentences served at home under electronic supervision. 10.​Restitution: when an offender must help/compensate the victim for any injury or loss of property. It can also include community service orders. Youth Criminal Justice Act The Youth Criminal Justice Act is a federal Canadian statute that covers the prosecution of youths (12 to 17 for criminal offences and is aimed at the long-term protection of the public. The main principle under the YCJA that guides judges is to hold a young person accountable for his or her actions by imposing a sentence that is fair, meaningful, and helpful in the process of rehabilitation. Some rights that youths have under this act include: -​ legal representation; right to lawyer and can have the presence of parent or parental figure during questioning -​ Can be searched without a warrant if there are reasonable grounds -​ Media cannot report on youth trials; no publishing youth name -​ Rehabilitation and alternatives to incarceration The Youth Justice Court is a court for young people between the ages of 12 and 18 who have been charged with a criminal offence. Youth Sentencing Some factors judges take into consideration when sentencing a youth include: -​ the extent to which the youth participated in the offence -​ the harm done to the victim and the community -​ any reparation that the youth had made to the victim -​ the amount of time the youth has already spent in detention -​ other crimes the youth may have committed -​ the content of the victim impacts Some forms of sentencing include: -​ Probation: Sentence that allows a convicted offender to live in the community under supervision. -​ Custody: a sentence entailing confinement within a controlled facility; usually imposed on a young person who commits a serious offence. -​ Custody with Supervision Order: a court order that sets out terms and conditions, requiring youth to spend two-thirds of the sentence in custody and the last third in the community under supervision -​ Open Custody: a youth sentence directing a youth to stay in a group home, or participate in a wilderness program; less secure facilities -​ Secure Custody: a sentence that incarcerates a youth in a special youth facility Key Terms Challenge for Cause excluding potential jurors for a particular reason (e.g. bias, incapability, criminal history), unlimited challenges for cause Peremptory Challenge excluding potential jurors without providing a reason, this gives accused more power, limited peremptory challenges (20 in serious cases, 16 in less serious cases w/ 5+ years, 4 in other cases) Double Jeopardy The legal doctrine that an accused person cannot be tried twice for the same offence. Assigned Youth Worker Assigned probation officer appointed to monitor a youth’s progress in the community. Conferences Conferences are done to determine if an extra-judicial sanction would be more appropriate than one imposed by the court and to generally help the judge decide which sentence the youth should recieve. Adult Sentence Adult sentences for youth in Canada are imposed for serious crimes when the youth justice system's penalties are deemed insufficient, holding young offenders accountable with the same penalties as adults. Extra-Judicial Sanctions Participating in community-based programs instead of going to court. Unit 4 - Civil Law Civil Law Civil/Private Law deals with disputes between persons and between individuals and companies. The branches of civil law include: -​ Tort Law -​ Wills and Estates -​ Contract Law -​ Property Law -​ Family Law -​ Employmen Civil Remedies -​ Pecuniary Damages: monetary compensation for losses that can be calculated (ex. future earnings, life expectancy, etc.) -​ Non-Pecuniary Damages: Compensation for losses that do not involve an actual loss of money and are difficult to quantify. -​ Special Damages: Compensation for out-of-pocket expenses (medication, therapy etc.). Any loss that the plaintiff can prove was a result of the defendant, using receipts and record of expenses. -​ Punitive Damages: aka Exemplary damages, imposed to punifh the defendant for reprehensible conduct, udesed in cases where defendant’s conduct is very poor or malicious (ex. Cases of false imprisonment) -​ Nominal Damages: minimal compensation to show that the court recognizes the legitimacy of their complaints. -​ Specific Performance: court order requiring a party to fulfill the terms of a contract. -​ Injunctions: court order requiring or prohibiting an action can be mandatory; requiring a person to do something and prohibitory; forbids a person from doing something -​ Garnishment: court order requiring a third party to pay the plaintiff money owed by the defendant. Negligence Negligence is careless conduct that causes foreseeable harm to another person. This is a form of unintentional tort (causes injuries accidentally). Under negligence, three main factors required for litigation to proceed include: -​ Did the defendant owe the plaintiff a duty of care?  -​ Did the defendant fail to provide the plaintiff with the proper standard of care that a reasonable person would have provided in a similar situation? -​ Did the defendant’s actions (or failure to act) cause the plaintiff’s injuries? Two defenses of negligence include: -​ Contributory Negligence states that the plaintiffs contributed to the injury by displaying unreasonable conduct. This is a partial defence meaning that the defendant will still bear a portion of the blame. -​ Act of God is similar to an inevitable accident, but the event that caused the accident must be a natural event that is both extraordinary and unexpercted. Key Terms Plaintiff: the party initiating a legal action Defendant: the party being sued in a civil action Next Friend: an adult who represents a child or a person under a disability who initiates a civil lawsuit Litigant: the parties involved in a civil action.