Law Exam Cheat Sheet PDF

Exam Cheat Sheet: Law Overview 1. Youth Justice - Youth Criminal Justice Act (YCJA): Governs treatment of youth aged 12-17 in Canada. Focuses on: - Rehabilitation and Reintegration: Prevents reoffending. - Special Provisions: Privacy rights, unique sentencing rules. - Diversion: Preference...

Exam Cheat Sheet: Law Overview 1. Youth Justice - Youth Criminal Justice Act (YCJA): Governs treatment of youth aged 12-17 in Canada. Focuses on: - Rehabilitation and Reintegration: Prevents reoffending. - Special Provisions: Privacy rights, unique sentencing rules. - Diversion: Preference for extrajudicial measures over court trials. 2. Criminal Code of Canada & Court Process - History: Enacted in 1892, applies nationwide. - Key Players: - Crown Prosecutor: Represents the government. - Defence Counsel: Represents the accused. - Judge/Jury: Decides the verdict and sentence. - Key Stages: 1. Arrest: Police apprehend the accused. 2. Bail Hearing: Determines if the accused can be released. 3. Trial: Evidence presented; judge or jury decides. 4. Sentencing: Punishment if guilty. 3. Criminal Law Parties - Accused/Defendant: Individual charged with a crime. - Crown Prosecutor: Brings charges on behalf of the government. - Judge/Jury: Makes decisions on guilt and sentencing. - Victim/Witnesses: Provide testimony or evidence. 4. Sources of Criminal Law - Legislation: Criminal Code of Canada and related statutes. - Case Law: Precedents set by judicial rulings. - Constitutional Law: Charter of Rights and Freedoms. 5. Elements of a Criminal Offence 1. Actus Reus: The physical act of committing the crime. 2. Mens Rea: Intent or mental state. 3. Concurrence: Actus reus and mens rea must coexist. 4. Causation: The act must cause the harm. 6. Consumer Protection Legislation - Competition Act: Governs price-fixing, fraud, and false advertising. - PIPEDA: Regulates handling of personal data. - Provincial Acts: Vary, e.g., Ontario Consumer Protection Act. 7. Challenging Tribunal Decisions - Appeals: Submit to a higher court. - Judicial Review: Courts check legality and fairness. 8. Administrative Tribunals - Provincial Examples: - Ontario Human Rights Tribunal, Landlord & Tenant Boards. - Federal Examples: - Immigration and Refugee Board, Canadian Human Rights Tribunal. 9. Real Estate Transactions - Types: - Sale, Lease, Mortgage. - Forms of Ownership: - Fee Simple: Full ownership. - Joint Tenancy: Shared ownership with survivorship rights. - Tenancy in Common: Shared ownership without survivorship. 10. Marriage & Divorce - Marriage Validity: Consent, legal capacity, age, and lack of close relation. - Grounds for Divorce: - Separation for 1 year, adultery, or cruelty. 11. Business Structures - Sole Proprietorship: - Pros: Simple, full control. - Cons: Unlimited liability. - Partnership: - Pros: Shared responsibilities. - Cons: Joint liability. - Corporation: - Pros: Limited liability, perpetual existence. - Cons: Double taxation, complex setup. 12. Torts - Negligence: Failure to act reasonably (e.g., accidents). - Assault/Battery: Threats or physical harm. - Defamation: False statements (spoken = slander, written = libel). - Trespass: Unlawful entry onto property. 13. Contracts - Elements: - Offer, Acceptance, Consideration, Capacity, Mutual Agreement. - Breach: Failure to fulfill contractual obligations. 14. Criminal Offences - Types: - Summary: Minor offences, e.g., petty theft. - Indictable: Serious offences, e.g., murder. - Hybrid: Can be treated as either (e.g., assault). 15. NCR and Gladue Courts - NCR: "Not Criminally Responsible" (due to mental health issues). - Gladue Courts: Specialized for Indigenous offenders, focusing on restorative justice. 16. Intellectual Property - Copyright: Protects original works (e.g., music, writing). - Trademark: Protects brand names, logos. - Patent: Protects inventions. 17. Mitigating vs. Aggravating Circumstances - Mitigating: Reduce the severity (e.g., first offence). - Aggravating: Increase severity (e.g., premeditation). 18. Standard of Proof - Criminal Law: Beyond a reasonable doubt. - Civil Law: Balance of probabilities. 19. Common Law Marriage - Responsibilities: - Support, property sharing, spousal rights (inheritance/tax).