Grade 12 LAW Exam Review January 2025 PDF

CLN 4U - Exam Review January 2025 Knowledge /35 Thinking /35 Communication /35 Application /35 Multiple Choice Compare and Long Answer Long Answer Scantron Contrast See R...

CLN 4U - Exam Review January 2025 Knowledge /35 Thinking /35 Communication /35 Application /35 Multiple Choice Compare and Long Answer Long Answer Scantron Contrast See Rubric See Rubric Part A: Multiple Choice 1.​ Lobby Groups ​ Law is necessary in responsible for ​ group of people an orderly society; damage they cause trying to influence it keeps peaceful to another person as legislators on order a result of accident behalf of a ​.The law applies (negligence) or particular cause or equally to deliberate action interest 2 types ad everyone 10.​Procedural Law hoc and national ​ A person’s legal ​Law that prescribes the methods of enforcing organization rights will not be the rights and 2.​ Royal taken away except obligations of Commission in accordance with substantive law A Royal the law 11.​Substantive Law Commission is an 5.​ International ​Law that defines the investigation, Court of Justice rights, duties, and ​ Handles disputes obligations of citizens independent of and government government. Royal between nations 12.​3 Parts of Commissions have 6.​ Jeremy Bentham Canadian broad powers to ​ Utilitarianism/mor Constitution hold public al philosopher hearings, call ​ written-Explicitly evaluates actions witnesses under sets out various based on oath and compel branches of consequences evidence. Royal government and 7.​ Positive Law Commissions make powers of each ​ Laws made recommendations ​ Unwritten-Set of through to the government rules or about what should legislation conventions by change. 8.​ Natural Law which our system 3.​ Legal Scholarship ​ Morality and of government ​ Pausing a trail to universal operates learn about the principles ​ Common law matter 9.​ Tort Law 13.​Victoria Charter 4.​ Rule of Law (3) ​Holds people and private organizations (1971)  ​ The early Crown has ​ Searching a discussions of a established the phone without a modernized and elements of the warrant is illegal. reformed offence, but 29.​Sources of Constitution claims that the International Law 14.​UDHR (1948) accused’s act ​ Treaties,Customs, ​ Rights/freedoms was justified and principles of law no can take only reasonable 30.​UN Security away option Council 15.​Peremptory ​ United nation ​ Challenge Allows 23.​Negativing responsible for elimination of a Defence maintaining jury ​ Defence raises international 16.​Ultra Vires reasonable doubt peace and about whether the security ​ Act that requires accused legal authority 31.​Aiding committed the but is done ​ providing support actus reus or had without it or assistance to the necessary someone, 17.​Intra Vires mens rea to committing the ​ Act that falls support an offence crime within authority conviction 32.​Abetting 18.​Indictable 24.​Restorative ​ means Offence Justice encouraging ​ Serious criminal 25.​Rehabilitation someone else to offence ​ Helping offenders commit a crime 19.​Summary with programs so 33.​Counselling Offence they can renter ​ the act of ​ Minor criminal society normally persuading the offence 26.​S 91 & 92 CCRF person to do the crime 20.​Hybrid Offence ​ Division of power 34.​Party to Common ​ Uses facts to see between federal Intention if case is and provincial ​ Helping plan the indictable or governments crime summary 27.​S 24(2) 35.​Crime of 21.​Voir Dire ​ Can't use Compulsion ​ A trail within a evidence if it was ​ Crime done trail obtained in unfair under duress 22.​Affirmative way 36.​Crime of Self ​ Defence 28.​R v Fearon Defence ​ A crime is committed in the act of self defence  37.​Automatism limitation on a member nations ​ Commiting a person's Charter are represented crime when right 49.​UN Security 43.​Notwithstanding you're Council Clause unconscious or ​ The un body ​ S.33 overrides impaired. focused on certain charter 38.​Intermittent peace and rights for a period Sentences security of time ​ Sentences served 50.​International 44.​Formative in segments Criminal Court Equality (weekends) ​ Prosecutes for ​ Equal access for 39.​Grant Test crimes like war all individuals to ​ To see if the crimes, genocide succeed evidence was 51.​International 45.​Substantive collected the Court of Justice Equality right way ​ Court to settle ​ Addressing 40.​Oakes Test problems inequalities to ​ To see if limiting between nations achieve fairness the charter rights 52.​Peremptory 46.​Freedom of was justified(RV Challenge Speech Grant) ​ the Crown or ​ Right to express defence lawyer 41.​Affirmative Action beliefs without may challenge the ​ Increasing suitability of a censorship opportunities for potential juror 47.​Freedom of historically 53.​Rome Statute Expression disadvantaged ​ Treaty(2002) ​ Right to groups International communicate 42.​Reasonable Limits criminal court ideas in anyway Clause (prosecute for 48.​UN General ​ S.1 the section genocide etc) Assembly that can be used to justify a ​ The un body where all R v Fearon: The ruling in this case resulted in the establishment of 4 conditions that would justify an officer searching a citizen’s cell phone without a warrant. Part B: Compare and Contrast Terms Instructions: Using course terminology, contrast ONLY 5/8 terms in point form. For each grouping, please respond using the following outline: ​Term 1 Definition: (1 mark) ​Term 1 Significance/Role/Context in Canadian/International Law: (1 mark) ​Term 1 Example: (1 mark) ​Term 2 Definition: (1 mark) ​Term 2 Significance/Role/Context in Canadian/International Law: (1 mark) ​Term 2 Example: (1 Mark) ​Key difference between the two: (1 mark) Suggestions for Grouping: Term 1 Term 2 1 Constitutional Law Human Rights Law Definition: Definition: ​ Comes from Canadian ​ The right to fair and equal treatment, Constitution not based on citizenship, simply ​ Constitution was enacted in because you are a human being 1867 Role: ​ AKA: British North America ​ Having access to basic needs (Food, Act (Used to be called BNA Shelter, water, safety) Act) ​ Right to access ( Education, meaningful Role: work) ​ Document sets out the Example: ​ Situations of discrimination against responsibilities of each level women, ethnic groups, religious groups, of government and limits and other minorities powers of Government ​ Constitutional law overrides Key differences between the two: all other laws - If a law violates ​ Constitution law sets out Constitution, courts declare it “unconstitutional” and strikes it responsibilities for levels of down governments and limits their powers if Example: deemed unconstitutional ​ S. 3 of the Charter of Rights ​ Human rights law gives citizens access and Freedoms states that to basic survival necessities, and the every citizen of Canada has right to fair and equal treatment the right to vote in an election ​ 2 International Criminal Court International Court of Justice Definition: Definition:  ​ Managed by a legislative ​ Primary judicial body of the UN body (Law makers) ​ Civil court composed of representative Role: states ​ Settle’s disputes between member ​ Deals with individuals who states have committed ​ Gives opinions on legal questions international offences Example: Role: ​ If a member state feels that a dispute ​ Investigates and tries agreement has not been upheld, an appeal individuals charged with can be made to the Security Council which genocide, war crimes, crimes decide what measures to take to enforce the judgement against humanity, and Key differences between the two: aggression crimes ​ The ICC prosecutes individuals who Example: ​ Murder or unfair treatment to have committed international offences prisoners of war, or killing ​ The ICC cannot prosecute individuals hostages under the age of 18 ​ The office of the prosecutor is ​ ICJ deals with disputes between investigating situations in member states (Countries apart of the Uganda UN) ​ 3 S.1 CCRF - Reasonable Limits S.33 CCRF - Notwithstanding Clause Definition: Definition: ​ Guarantees rights and ​ Section 33 allows parliament to or the freedoms on reasonable legislature of a province to derogate grounds from certain sections of the charter Role: Role: ​ The CCRF guarantees the ​ To prevent a court from invalidating a rights and freedom set out in law that violates charter provisions subject only to such relating to fundamental freedoms reasonable limits prescribed (section 2) ,legal rights, (Section 7-14), by law as can be or equality rights (Section15). demonstrably justified in a Example: free and democratic society ​ In 2021, Ontario used the clause for the Example: first time to pass a bill concerning third ​ a customs officer at the party political advertising CanadaUnited States border who is an agent of the Key differences between the two:  federal government cannot ​ Section 1 of the CCRF guarantees right subjectively decide what and freedom on reasonable grounds products or consumer items ​ Section 33 of the CCRF refers to the to forbid from entering into parliament having authority to change Canada. Items that are on the Charter any forbidden list must be ​ One Guarantees rights and freedom set out in a law passed by while the other states that parliament parliament. can change Charter 4 Formative Equality Substantive Equality Definition: Definition: ​ Equal treatment for those in ​ Substantive equality recognizes that similar situations the law must take elements such as ​ A belief for fairness, a person discrimination, marginalization, and must be consistent or equal unequal treatment to achieve equal treatment at all times, results for everyone Role: Role: ​ To protect against flaws ​ Taking discriminatory factors into being introduced into the account to achieve equal results for decision making process, and basic human rights, and access to ensuring that everyone get goods and services treated equally Example: Example: ​ Hiring members apart of the LGBTQ ​ No workplace privileges community for more diversity Key differences between the two: ​ Formative equality refers to treating everyone equal no matter the circumstance while Substantive equality refers to giving minority groups an advantage to make them feel equal to everyone else 5 UNHRD Rome Statute Definition: Unit 1( Primary and secondary sources of law) ​ Definition: Role: ​ ​ Role: Example: ​ ​ Example: ​ Key differences between the two:  ​ Key differences between the two: ​ 6 UN General Assembly UN Security Council Definition: Definition: ​ ​ Role: Role: ​ ​ Example: Example: ​ ​ Key differences between the two: Key differences between the two: ​ ​ 7 Positive Law Natural Law Definition: Definition: ​ ​ Role: Role: ​ ​ Example: Example: ​ ​ Key differences between the two: Key differences between the two: ​ ​ 8 St. Thomas Aquinas John Locke Definition: Definition: ​ Adapted Aristotle’s thought ​ Mix of natural law and Hobbes theories to own purposes as Christian ​ Two treaties: If king violated the philosopher natural rights of people, they were ​ Aristotle’s belief was (Your justified in rebelling and replacing the purpose in life is to achieve government - This is reflective of happiness). Aquinas took Magna Carta that thought and changed it Role: to (To achieve happiness you ​ Strong influence on Jefferson’s must follow God’s teaching) Declaration of Independence Role: ​ Inspired leaders of both french and ​ Theologian, Philosopher american revolutions Example: Example: ​ Identified the fundamental rights: ​ Freedom of thought,speech, religion,  ​ Four kinds of law: Eternal Law, ​ Property Natural Law, Divine Positive ​ Life and liberty Law, Human Positive Law Key differences between the two: ​ Aquinas was in belief of Natural Law, while Locke was in belief of Positive Law 9 Substantive Law Procedural Law Definition: Definition: ​ Law that defines the rights, ​ Law that prescribes the methods of duties, and obligations of a enforcing the rights and obligations of citizen and government substantive law Role: Role: ​ To display your obligations ​ Legal rules governing the process for and rights as a citizen and settlement of disputes CIVIL or responsibilities and CRIMINAL: government Example: Example: ​ Steps that must be followed in any legal ​ Careless driving laws action CIVIL or CRIMINAL: Arrest, Trial, Witness, Evidence Key differences between the two: ​ Substantive law sets out the rights and obligations of members of society, while Procedural law consists of legal rules governing the process for settlement of disputes (Civil or Criminal). 10 Oakes Test Grant Test Definition: Definition: ​ ​ Role: Role: ​ ​ Example: Example: ​ ​ Key differences between the two: Key differences between the two:  ​ ​ 11 YCJA Criminal Code of Canada ​ Under Statute Law ​ Under Statute law Definition: Definition: ​ ​ Role: Role: ​ ​ Example: Example: ​ ​ Key differences between the two: Key differences between the two: ​ ​ 12 R v Fearon R v. Oakes Definition: Definition: ​ ​ Role: Role: ​ ​ Example: Example: ​ ​ Key differences between the two: Key differences between the two: ​ ​ 13 Negativing Defence Affirmative Defence Definition: Definition: ​ Defence raises reasonable ​ Admits the accused did it but it is doubt about whether the justified accused committed the Role: actus reus or had the ​ necessary mens rea to Example: support an offence conviction ​ Self-defence in an assault case. Role: ​ Example: ​ Arguing lack of intent in a murder charge Key differences between the two: ​ Negativing defences deny guilt entirely, Key differences between the two: while affirmative defences justify or  ​ excuse the act. 14 Indictable Offence Hybrid Offence Criminology Criminology Definition: Definition: ​ Serious criminal offence ​ Crown can decide to try offence as there no limit on time for either summary or indictable offence; prosecution sentences range “dual procedure offence” from 2 years to life Role: Role: ​ Allows flexibility in prosecution. ​ Carries severe penalties and often involves jury trials. Example: ​ Example: ​ First degree murder Key differences between the two: ​ Indictable offences are always serious, while hybrid offences vary in severity based on prosecution decisions. Part C: Long Answer Question Prepare for a question that will be similar to structure and expectation: This year, we discussed and analysed various contemporary issues/challenges in relation to their impact on the delivery of justice. In a series of paragraphs, you must answer the following question: Despite many contemporary challenges facing us, are our Canadian constitutional, criminal, and international law systems capable of delivering justice? 1)​ Paragraph one: answer the questions and explain what issue you will use to prove your response in each paragraph. 2)​ Paragraph two Canadian Constitutional Law - example and supporting details of how it is able/unable to deliver justice.  3)​ Paragraph three Canadian Criminal Law - example and supporting details of how it is able/unable to deliver justice. 4)​ Paragraph four International Law - example and supporting details of how it is able/unable to deliver justice. 5)​ Paragraph five should conclude your discussion Each body paragraph should: ​ Utilise relevant key terms ​ Support your thesis ​ Clearly outline issue ​ Explain issue with supporting details/example ​ Deal with Canadian Law (*Except for international paragraph) ​ See rubric for specific grading schematic ​ Provide a specific, relevant, and original example to support your position ​ Draw upon COURSE CONTENT - examples generated through AI or online searches are not relevant or appropriate Evaluation: Incomplete Level 1 Level 2 Level 3 Level 4 Communication Issues are missing Issues are vague - Issues are somewhat Issues are clear, and Issues are clear, Each issue is clear and or unclear. generalised statement. clear. Some ideas and arguments are present specific, original and concise. Ideas and Ideas and Ideas and arguments arguments are present but need to be developed. arguments are arguments are are underdeveloped. but lack conviction. developed further. Well-developed ideas developed. missing. and arguments to Student conveys some Student conveys ideas support thesis. Student is able to Student conveys ideas; some use of that are related to the ​ convey ideas with Student is unable to limited ideas with English conventions; topic with few Student is able to clarity; uses effective convey ideas with numerous and somewhat organised distracting errors; convey ideas with English writing clarity; very poor distracting errors; response, but lacks good use of clarity; almost no conventions; use of effective limited use of detail and is vague at conventions; coherent noticeable errors in well-organised. English conventions; difficult times. response that mostly conventions; conventions; to read and understand includes detail. thought-provoking, difficult to read. arguments. well-formed response - / 35 marks clear, detailed, specific. Intro/Conclusion 0 1 2 2.5 2.75 3 3.25 3.5 3.75 4 4.5 5 Paragraph 1 0 1 2 3 4 5 5.5 6 6.5 7 7.5 8 8.5 9 9.5 10 Paragraph 2 0 1 2 3 4 5 5.5 6 6.5 7 7.5 8 8.5 9 9.5 10 Paragraph 3 0 1 2 3 4 5 5.5 6 6.5 7 7.5 8 8.5 9 9.5 10 Application No evidence of Limited evidence o Some evidence of Considerable Thorough evidence of 3 Each issue is supported theories. issue, but only a brief issues, but evidence and different theories (one with a specific key description is descriptions and explanation of issue for each trend); both terms/definitions/applic provided. application to the is accurate descriptions and ations. Limited course trends are vague; or descriptions, but application to each -Provides a brief No course content content and examples theories are repeated. application could be trend is accurate, description and then or examples used to used to support more original. detailed, and insightful. applies theory to trend. support arguments arguments and thesis. Some vague course and thesis. content and examples Considerable but Thorough and detailed Each argument is used to support predictable use of use of specific course supported with relevant arguments and thesis. course content and content and examples to examples from the examples to support support arguments and course. arguments and thesis. thesis. / 35 marks Intro/Conclusion 0 1 2 2.5 2.75 3 3.25 3.5 3.75 4 4.5 5 Paragraph 1 0 1 2 3 4 5 5.5 6 6.5 7 7.5 8 8.5 9 9.5 10 Paragraph 2 0 1 2 3 4 5 5.5 6 6.5 7 7.5 8 8.5 9 9.5 10 Paragraph 3 0 1 2 3 4 5 5.5 6 6.5 7 7.5 8 8.5 9 9.5 10