Gr 12 Law Exam Review PDF

Define and know: ​ Criminal code ○​ A list of federal laws that determine criminal offences ​ Jurisprudence ○​ Philosophy or science of law in which our legal concept and theories are built upon ○​ The knowledge of things divine and human Knowledge of ​ Private...

Define and know: ​ Criminal code ○​ A list of federal laws that determine criminal offences ​ Jurisprudence ○​ Philosophy or science of law in which our legal concept and theories are built upon ○​ The knowledge of things divine and human Knowledge of ​ Private law ○​ Cases involving one person/party against another person/party ​ Public law ○​ Cases of the gov’t vs. A person/party ​ Common law ○​ precedents set from previous cases used to decide present cases ​ Statute law ○​ Any law passed by the federal government or provincial government ​ Rule of law ○​ Citizens must recognize and accept the law as necessary to regulate society ○​ Laws apply to everyone equally, even to those people in power ○​ No one in our society has the authority to exercise unrestricted power to take away our rights unless in accordance with the law ​ Culpability ○​ When an individual is said to be “culpable,” it means they are legally responsible ( liable ) for a criminal act ​ They are guilty. ​ Parliamentary supremacy ○​ The parliament makes laws ​ Judicial Supremacy ○​ Judges are independent of the government ​ Habeas corpus ○​ The literal meaning of habeas corpus is "show me the body” ○​ The burden of proof placed on the crown. ○​ Originally it meant unless there was a body there was no murder ​ Reverse onus ○​ the onus (responsibility) shifts to the accused person to convince the court that they should be released, rather than detained, while awaiting their trial ​ Strict liability ○​ Crime where The crown does not need to prove intent ○​ Allows the defences of due diligence and mistake of fact are valid defences ​ Notwithstanding clause ○​ legislative power that allows the parliament or a legislature to override certain charter sections  ○​ Section 33 of the canadian charter ​ Magna Carta ○​ the first document to put into writing the principle that the king and his government was not above the law ​ Legal positivism ○​ the thesis that the existence and content of law depends on social facts and not on its merits ​ Legal realism ○​ The school of philosophy that examines law in a realistic rather than a theoretical fashion ○​ The belief that law is determined by what actually happens in the courts as judges interpret and apply law ​ Natural law ○​ The theory that human laws are derived from eternal and unchangeable principles that regulate the natural world and that people can become aware of these laws through reasons ​ Positive law ○​ Law is a body of rule formulated by the state and that citizens are obliged to obey the law for the good of the state as a whole ​ Spirit of the law ○​ Judge will give a lesser punishment or let the person go based on circumstance ○​ They interpret the law by considering what a good punishment is. ○​ Ex. Students lose scholarships for shoplifting so they get a lighter punishment. ​ Letter of the law ○​ What the law literally means written down and would be given to the offender ​ Realist ​ Critical morality ○​ Judge would make decision based on moral standard of the community ​ Popular morality ○​ Judges decision based on what the majority population wants ○​ Holds that judges should decide what the law is by determining ​ Human rights ○​ Rights given to an individual born in the government of a country ​ Domestic law ○​ The laws created in a country ​ Different than international laws ​ Absolute liability ○​ Regulatory offence ​ Traffic offences, pollution offences, offences relating to unfair or dangerous commercial practices ​ Essentially you knew what you were doing when caught ​ Strict Liability  ○​ Crown must establish that the accused person or corporation committed the actus reus (guilty action) of the offences while the accused must prove that they didn't have the mens rea ​ Veto Power ○​ The power to stop a decision from happening ○​ If any of the 5 permanent members of the Security Council disagree with a decision it is considered overturned regardless of how the other 14 members voted ​ State sovereignty -​ Lawful control of a state over its territory, the right to govern that territory and the authority to apply law there to the exclusion of other states ​ International law ○​ International law governs rules between countries ○​ Unlike state law, international law has no formal system of justice ○​ There are however international judicial bodies like the international court of justice (netherlands) and the international criminal court ​ Diplomatic immunity ○​ The immunities enjoyed by foreign states or international organizations and their official representatives from the jurisdiction of the country in which they are present ○​ Diplomatic immunity allows foreign representatives to work in host countries without fully understanding all the customs of that country ○​ Foreign representatives aren’t prosecuted based on another countries laws ​ Extraterritorial legislation ○​ The concept of legislation that deals with issues outside of your country ​ Precedent ○​ A legal decision that is taken as a guide for subsequent (future) decisions ​ Recidivism ○​ Returning to crime ○​ Commiting a crime after previously commiting one ​ Political asylum -​ The right to seek shelter if one has a reasonable fear of persecution or fear of danger ​ Kyoto Protocol ○​ Environmental law that was proposed in 1992 about global warming and how to protect from emissions. ○​ Alberta premier was against it because alberta’s primary income is oil and they produce lots of emissions ​ Constitution ○​ Framework for a nations form of government and it’s legal system ○​ Canadian constitution describes the structure of the federal and provincial governments and allocates powers to each level of government ​ Utilitarianism ○​ The theory that the law should achieve the greatest good for the greatest number of people  ​ Legal rights ○​ Section 11 of the charter ○​ Certain rights in charter that government can’t take away ​ I.e. Right to free speech but limited in terms of hate (threats, racism) ​ Surety ○​ Person that makes sure charged individual is following the rules ○​ The person who get you out for bail ​ What influence did the following have on Canadian law? ○​ Romans ​ Roman legal commision drew up a code of traditional roman laws ​ First to have lawyers ○​ Greeks ​ Created democracy ​ Jury trials and citizen participation ○​ British ​ Established Magna Carta (the great law) and the idea of rule of law under king John ​ concept of innocent until proven guilty ​ King henry IItrained judges to hear cases ​ Concept of precedent was developed ​ Began to write down decisions and explanations so other judges would see them (known as case law/common law) ○​ Babylonians ​ First time laws were written down for everyone to see ​ “An eye for an eye” ​ No distinction was made between accidental and deliberate acts ​ Why was the 1960 Canadian Bill of Rights flawed? ○​ Bill of rights was easy to change compared to charter of rights Importance of R. v. Oakes case. ​ First time that the defence did not have to prove why they were guilty When was the Charter of Rights and Freedoms passed? ​ April 17,1982 How is the Charter an improvement over the Bill of Rights? ○​ The charter was similar to the constitution in which nothing could be changed whereas the bill of rights were laws that could be changed or interpreted differently Know the defences covered. What is required Self defence -​ Reasonable force is being used or a threat of force is being made against them or another Intoxication -​ Consumed drugs or alcohol that put them into a state of automatism Mental Disorder -​ Don't know right from wrong and cant appreciate the consequences of their actions Automatism -​ An unconscious involuntary state of behaviour Battered woman’s syndrome -​ Felt like they couldn’t escape the relationship and was scared that their spouse would assault them to the point of murder Necessity -​ Breaking the law when there is no other option (ex. Driving drunk because your husband was beating you and you needed to flee.) Mistake of fact ​ Not knowing of the illegal acquirement of property ○​ If you buy a stolen car without knowing it was stolen, you can plea mistake of fact Philosophers of law and their contributions to legal thinking Hobbes -​ Argued that the state of nature was nothing more than the state of perpetual war, where the strong and intelligent plundered the weak and the slow. -​ In the interest if self preservation people surrender to a ruler Socrates -​ There cannot be two rights; there must always be a right and a wrong. Austin -​ o Law cannot be judged by moral or religious code because they are subjective -​ o People had to bend their will to the governing body because the government ensures happiness. Bentham -​ o Argued that men are hedonistic -​ o Developed utilitarianism; a truly just the law is one that provides “the greatest happiness for the greatest number” Plato -​ o Believed the existence of certain ideas that are universally and eternally good and with which laws should be consistent Locke -​ o He argued if the king violated the natural rights of the people, then the people would just rebel for a government that respected them -​ o The government is made to ensure justice. Aristotle -​ o Believed we are political animals with social organization like bees and ants. -​ o However, what sets us apart is that we have reason and can distinguish between good and evil, right and wrong. Difference between police search and school official search.  ​ Principals do not have the same requirements as police officers ○​ Police can’t search lockers but principals have the need to keep a school safe ​ Why does the court treat each differently? ○​ One requires What does section 1 of the Charter state? ​ guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society What are reasonable limits? ​ Reasonable limits are limits by law that can be demonstrably justified in a free democratic society What is the proportionality test? -​ Also known as the oakes test 1.​ Is the infringement prescribed by law 2.​ Is the purpose of the law pressing/substantial 3.​ Is the law rationally connected to its purpose 4.​ Does the law minimally impair the infringed right 5.​ Does the positive effects of the law outweigh the negative effects of the infringement Be able to apply the test to any given law -​ Ex. hate speech -​ Despite free speech, hate speech is still illegal. What are your legal rights? ​ Fundamental Freedoms, Democratic Rights, Mobility Rights, Legal Rights, Equality Rights, Language Rights ​ Section 11 rights What impact did the Keegstra and Zundel case have on Canadian law? ​ The Keegstra and Zundel cases had a major effect on Canadian law by showing when it's okay to limit free speech to prevent hate speech. Why are polygraph test inadmissible ​ They’re unreliable because of the person in charge of the machine who may be wrong ​ Hearsay (second hand info) Review and know the relevance of the following cases…. R. v Park, ​ Park claimed automatism after killing mother in law while sleepwalking ​ Recognize sleepwalking as automatism ​ Recognized if it’s automatism then there's not much to be done Rv. Stone ​ Stone was charged with killing his wife and claimed he was in an automatistic state ​ The Supreme Court of Canada ruled on the criteria for determining whether an automatistic state was due to a mental disorder or a non-mental disorder, impacting how such defenses are handled in future cases R. v. Abbey ​ Abby killed her husband due to prolonged years of abuse  ​ Case of battered woman syndrome What are the benefits and drawbacks of Parole? What is bail? Why must it be granted unless the crown can prove otherwise? When would reverse onus be allowed here? Who created circuit court judges? ​ British monarch What is the difference between Charter and human Rights? ​ Charter rights are country-specific legal protections for citizens, while human rights are universal principles that apply to everyone globally. What can you do if you feel your human rights are being violated in Ontario? ​ File a complaint (an application) directly with the human rights tribunal of ontario What are some international organizations for peace? What do they do? ​ United nations, Red cross, International peace institute ○​ Create human rights and helps developing countries How is state sovereignty and international law a paradox? ​ states must balance their supreme authority within their territories with the need to follow international norms and agreements, which can sometimes limit their autonomy. In your opinion, do most states voluntarily observe international law? Consider aspects such as human rights as well as interaction with other states. ​ A majority of states observe international law but a small portion do not ○​ China and factories Has international law been a failure or success? What was established during the Geneva Convention? ​ Rules of war ​ All major countries came together after WWI to create rules regarding warfare Why is diplomatic immunity important? Or is it outdated? ​ Diplomats won’t be persecuted based on laws that were never present in their country Outline the powers of the United Nations’ General Assembly and the powers of the Security council ​ Examines, debates and promotes global consensus on issues of common concern and can only adopt resolutions, however non are legally binding ​ Has the power to make decisions that are legally binding on all members under the un charter. Council decisions are supported by a system of sanctions for enforcing compliance UN convention on the Law of the Sea …. Rules Antarctica – 2 treaties created………..why created…………impact How is Antarctica different from other sovereign nations? ​ No country claims it What are the 2 treaties that have been created and why are they important for the protection of Antarctica  ​ The Antarctic Treaty (1961) and the Protocol on Environmental Protection to the Antarctic Treaty (1998) are crucial for preserving Antarctica's unique ecosystem by ensuring the continent is used for peaceful purposes, promoting scientific cooperation, and prohibiting mining and military activity Why is the UN Convention on the Law of the Sea (1982) instrumental in dealing with the global crisis in fishing? What rules did it establish that are crucial to nations? ​ establishing rules for sustainable use and conservation of marine resources. ​ It created Exclusive Economic Zones (EEZs), giving coastal states control over resources within 200 nautical miles of their shores, and mandated conservation measures based on scientific evidence. ​ The convention also requires states to collaborate on managing high seas fisheries to prevent overfishing and protect marine ecosystems. For Canada ratifying the Kyoto Protocol has been a controversial issue. Many Canadians, namely the premier of Alberta opposed this agreement. As such he stated numerous objections as to why the agreement would be a detriment to Canadian society. NEVER GOOGLE ANYTHING https://www.forbes.com/sites/ewelinaochab/2024/11/30/what-did-the-icc-say-about-the-alleged-c rimes-in-israel-and-gaza/?authuser=0 The snapshot ​ The International Criminal Court issued arrest warrants for Benjamin Netanyahu, Yoav Gallant, and Mohammed Diab Ibrahim Al-Masri for crimes against humanity and war crimes committed in the State of Israel and the State of Palestine. 1.​ The key findings of the Pre-Trial Chamber I include reasonable grounds to believe that the accused are responsible for crimes against humanity and war crimes, including murder, extermination, torture, rape, and other forms of sexual violence, as well as war crimes such as intentionally directing attacks against civilians, hostage-taking, and starvation as a method of warfare. 2.​ The Chamber found reasonable grounds to believe that the following crimes were committed: The crime against humanity and the war crime of murder: As the Chamber found, “Members of Hamas, notably fighters of the al-Qassam Brigades, carried out mass killings at and/or around the communities of Kfar Aza, Holit, Nir Oz, Be’eri, and Nahal Oz, as well as at the Supernova festival.”  3.​ The Chamber found reasonable grounds to believe that Mr Netanyahu and Mr Gallant each bear criminal responsibility for the following crimes as co-perpetrators for committing the acts jointly with others: the war crime of starvation as a method of warfare; and the crimes against humanity of murder, persecution, and other inhumane acts 4.​ The crime against humanity of other inhumane acts: The Chamber found that there were reasonable grounds to believe that Mr Netanyahu and Mr Gallant are responsible for the crime by way of intentionally limiting or preventing medical supplies and medicine from getting into Gaza, in particular anesthetics and anesthesia machines 5.​ The crime against humanity of persecution: The Chamber found reasonable grounds to believe that a significant portion of the civilian population in Gaza was deprived of their fundamental rights, including the rights to life and health, and that the population was targeted based on political and/or national grounds Objectives ​ The objectives of the Pre-Trial Chamber I are to examine the evidence and determine whether there are reasonable grounds to believe that the accused are responsible for the alleged crimes. Methods ​ The methods used by the Pre-Trial Chamber I include examining the evidence and applying the standard of proof of "reasonable grounds to believe" to determine whether the accused are responsible for the alleged crimes. Results ​ The results of the Pre-Trial Chamber I's examination of the evidence are the issuance of arrest warrants for Benjamin Netanyahu, Yoav Gallant, and Mohammed Diab Ibrahim Al-Masri. Conclusion ​ The conclusions of the Pre-Trial Chamber I are that there are reasonable grounds to believe that the accused are responsible for the alleged crimes against humanity and war crimes. https://www.hrw.org/news/2024/11/14/israels-crimes-against-humanity-gaza?authuser=0