Law Exam Notes PDF

Tab 1 Sentencing and the Correctional System 1.​ Protection of people, property, and individual rights and freedoms​ (Ensuring public safety is often seen as the primary goal of sentencing.) 2.​ Specific and general deterrence​ (Discouraging both the offender and society at la...

Tab 1 Sentencing and the Correctional System 1.​ Protection of people, property, and individual rights and freedoms​ (Ensuring public safety is often seen as the primary goal of sentencing.) 2.​ Specific and general deterrence​ (Discouraging both the offender and society at large from committing crimes is critical for preventing future offenses.) 3.​ Rehabilitation​ (Addressing the root causes of criminal behavior helps reduce recidivism and reintegrate offenders into society.) 4.​ Punishment to avenge a crime and ensure suffering​ (This satisfies society’s demand for justice but is secondary to prevention and safety.) 5.​ Denunciation​ (Publicly condemning the crime reinforces societal norms and values.) 6.​ Restitution​ (Compensating victims is important but less critical than broader public safety and prevention goals.) Sentencing Procedures 1.​ Victim 2.​ Community 3.​ Offender Judge considers the following factors 1.​ Gender 2.​ Age 3.​ Evidence gathered 4.​ Level of violence 5.​ Mental health issues 6.​ Educational/employment status 7.​ Kids 8.​ Past crimes 9.​ Impact/# of victims Sentencing Options 1.​ Absolute discharge -​ Frees offender with no conditions and no criminal record  2.​ Conditional discharge -​ Frees offender with no criminal record BUT with court-ordered conditions that must be followed 3.​ Probation -​ Correctional services maintain jurisdiction over offenders who are at liberty in the community for a maximum of three years -​ Combined with fines and imprisonment or part of a suspended sentence -​ Keep peace/good behavior; appear before the court when required; notify court/probation officer of changes of name, address or employment or occupation 4.​ Fines -​ Monetary penalties imposed by judges for less serious offenses -​ Fines do not exceed $2000 -​ No limit for indictable offences -​ Judge considered whether or not the offender can afford to pay the fine 5.​ Intermittent sentences -​ Sentences are 90 days or less -​ Continues to go to work or school and serves time on weekends -​ Subject to probation orders when no in custody 6.​ Conditional sentences -​ Prison terms less than two years for non-dangerous offenders that are to be served in the community -​ Similar to probation (restrictions for behavior) -​ House arrest in some case, or electronic monitoring 7.​ Imprisonment -​ Harshest form of punishment -​ Run by federal and provincial levels -​ Provincial: Sentenced to less than two years -​ Federal: Sentenced to two years or more Negligence/Torts Negligence – A person's failure to exercise reasonable care that results in harm to others. Battery – Intentional physical contact harmful or offensive to another person. Nuisance – Using land in a way that interferes with another's enjoyment and use of neighboring land. Vicarious liability – Holding a blameless person responsible for another's actions. Trespass – To enter another's property without consent. Occupier – A person who has control over property and owes visitors a duty of care. Intent – True purpose; the person's state of mind that causes him or her to perform an action. Libel – Defamation in printed or other more permanent form. Slander – Defamation in oral form. Duty of care – The obligation to ensure that others are not harmed by one's actions. Attractive nuisance – An object that attracts, such as a swimming pool. Causation – The fact of being the cause of something that happened. Fair comment – A defense against defamation in which the defendant shows comments were made without malicious intent. Voluntary assumption of risk – The principle that a plaintiff may not recover damages for harm from risks to which he or she consents. Foreseeability – The ability of a reasonable person to anticipate what might occur from his or her actions. Reasonable person – Someone who has neither physical nor mental disabilities and whom people agree is careful, thoughtful, and considerate. Truth – The best defense against defamation of character. Outline the elements necessary to prove a negligence action, and provide an example for each: ​ Duty of Care: The defendant owed a duty of care to the plaintiff. Example: A doctor owes a duty of care to their patient. ​ Breach of Duty: The defendant failed to meet the standard of care expected. Example: A driver texting and causing an accident breaches their duty to drive safely. ​ Causation: The defendant's actions caused the plaintiff’s injury. Example: A wet floor without a warning sign causes a customer to slip and fall. ​ Damages: The plaintiff suffered actual harm or loss. Example: The customer required medical treatment for injuries from the fall. Identify acceptable defenses for a negligence action, and provide an example for each: ​ Contributory Negligence: The plaintiff also acted negligently, contributing to their harm. Example: A pedestrian jaywalking is hit by a car. ​ Voluntary Assumption of Risk: The plaintiff willingly accepted a known risk. Example: A hockey player injured during a game acknowledges the risk of playing. ​ Inevitable Accident: The harm occurred due to circumstances beyond anyone's control. Example: A driver loses control of their car due to a sudden medical emergency. Outline the intentional torts in this chapter and provide an example for each:  ​ Battery: Intentional harmful or offensive physical contact. Example: Punching someone in a fight. ​ Assault: Threatening harm that causes fear of imminent contact. Example: Raising a fist as if to hit someone. ​ False Imprisonment: Unlawfully restraining a person’s freedom of movement. Example: Locking someone in a room against their will. ​ Defamation: Making false statements that harm someone’s reputation. Example: Publishing a false article accusing someone of theft. ​ Trespass to Land: Entering someone’s property without permission. Example: Walking through a neighbor’s yard without consent. Three key characteristics 1.​ The action is unintentional 2.​ It is unplanned 3.​ An injury results Tort fall into two classes 1.​ Intentional 2.​ Unintentional A duty of care, foreseeability and the “reasonable person” are important to negligence Contracts Elements 1. Offer and Acceptance -​ Offer is seriously intended -​ Terms of the offer are stated clearly -​ Communicated to the offeree -​ Offeree communicates a valid acceptance to offeror 2. Consideration -​ Each party to the contract communicates something of value -​ Consideration is exchanged in the present or promised in the future 3. Capacity -​ Contracts made by minors and those with developmental disabilities or impaired judgement are not legally binding on them in certain circumstances -​ Done for their protection 4. Consent -​ Each party to a contract understands and freely agrees to complete it -​ Consent may be invalid if any of the following are proven; misrepresentation, mistake, undue influence (guilt) and duress 5. Lawful Purpose -​ Contract that amounts to a crime or goes against the general good of society is legally unenforceable -​ Courts will not hear cases involving failure to pay bets or wagers CCRF Sections 1. Rights and freedoms in Canada -​ Reasonable limits clause – Allows the government to limit individuals rights and freedoms, but only if those limits are reasonable, justified and necessary in a free and democratic society 2. Fundamental freedoms 3 - 5. Democratic rights of citizens 6. Mobility of citizens 7. Life, liberty and security of person 8. Search or seizure 9. Detention or imprisonment 10. Arrest or detention 11. Proceedings in criminal and penal matters 12. Treatment or punishment 13. Self-crimination 14. Interpreter 15. Equality rights 33. Exception where express declaration -​ Notwithstanding Clause – Allows federal or provincial governments to override certain sections of the CCRF History of Law Code of Hammurabi ​ Equality and property ​ Strong should not injure the weak ​ Retribution --> every crime should have a deserved punishment Mosaic Law ​ Requires offender to repay victim for goods stolen ​ Christian values  ​ Legal influence: lawyers, laws still published Roman Law ​ Equity --> law should be fair regardless of wealth and power ​ Religious beliefs and codes ​ Consistency ​ Legal influence: Quebec uses civil codes English Common Law ​ Rule of law ​ Persistence ​ Ruled guilty ​ Legal influence: Juries, case persistence, rights for accused OHRC -​ Agency directly responsible for administering and enforcing the Human Rights Code in Ontario 1.​ Prevent discrimination through public education and the development of public policy 2.​ Investigate complaints of discrimination and harassment 3.​ Conciliate between parties in complaints and help them reach a settlement 4.​ Look into situations where subtle or indirect discrimination may exist Procedural Law – Steps involved in protecting rights given under substantive law Case Citations Criminal Citation R. v. Bates (2000) 35 C.R. (5th) 327 (Ont. C.A.) Regina or versus defendant year of volume name of series page jurisdiction Rex (Latin (Latin for (accused) decision number reporter number (federal, for "against") where province, or "queen" case is territory) and "king") reported and court represents (e.g., (e.g., society Criminal Ontario Reports) Court of Appeal) Civil Citation  Langille v. McGrath (2000) 233 N.B.R. (2d) 29 (N.B.Q.B.) et al. plaintiff versus defendant year of volume name of series page jurisdiction and (Latin for (accused) decision number reporter number (federal, others "against") where province, (Latin et case is or alia for reported territory) "and (e.g., New and court others") Brunswick (e.g., New Reports) Brunswick Court of Queen’s Bench) Civil vs. Criminal Criminal and Civil Procedures Compared Case Factors Criminal/Public Civil/Private Parties involved Crown prosecutor versus Plaintiff versus defendant accused (defendant) Grounds/reason To determine innocence or To resolve a dispute guilt of accused Purpose of action To punish offender To compensate victims Onus of proof On Crown prosecutor On plaintiff Burden of proof Beyond a reasonable doubt Balance of probabilities Result of action Accused is guilty or not guilty Defendant is liable or not liable Action taken if defendant is Defendant sentenced Plaintiff awarded some guilty or liable compensation or remedy Categories of law Substantive Law - Rights and obligations of each person in society -​ Public law – Criminal, constitutional, administrative -​ Private law – Family, contract, tort, property, labor Public - Controls relationships between governments and people who live in society TYPE of laws Criminal Law – Punish the offender and protect society and its members -​ Passed by Parliament -​ Acts = Crimes -​ Sets penalties -​ Criminal code -​ Lawyers represent society and accused Constitutional Law -​ Set out structure of federal, provincial and territorial governments and division of power among them Administrative Law -​ Controls the relationship between citizens and government agencies Private – Legal relationships between private citizens and citizens & organizations -​ Manage the behaviors of persons and organizations in conflict with each other and pay damages to those who have been wronged Family Law -​ Spouses, parents and children Contract Law -​ Requirements for legally binding agreements -​ Breach of contract – legal agreement has been broken and can sue Tort Law -​ Wrongs other than breach of contract -​ Malpractice or negligence Property Law -​ Cash value -​ Legal rules that control use, enjoyment and rental of property Labor Law -​ Relationship between employers and employees -​ Minimum wage, pay equity, proper dismissal, working conditions and workers' compensation Wills and Estates -​ Property and financial disbursement when people die Jurisdiction 1. Federal power (Sec 91) -​ New power to not set out in the BNA Act -​ Veto provincial power in national emergency -​ E.g. Criminal law, unemployment insurance, banking, currency, coinage 2. Provincial power (Sec 92) -​ Property and civil rights -​ Marriage ceremonies -​ Police forces -​ Hospitals 3. Municipalities -​ Not outlined in Constitution Act -​ Subject to provincial law/rule -​ Sewage and garbage disposal -​ Roads, sidewalks, snow removal -​ Street lighting, parks Elements of crime Actus reus - “Guilty act” -​ Physical act involved in commission of offense -​ Actus reus of criminal offense is found in its criminal code definition  -​ A person must actually hit another person Mens Rea - “Guilty mind” -​ Infers moral guilt and the accused knowing they did something wrong -​ The crown must prove an act was done with criminal intent OR knowledge that what he/she did was against the law Intent -​ Carry out and act with intent, with knowledge, or by being reckless or wifully blind to the consequences of an act Knowledge -​ In order to have the requisite mens rea to commit a crime, a person must have some knowledge of the actus reus of the crime Recklessness and Willful Blindness -​ Crown can also established mens rea by proving accused acted reckless -​ Recklessness: Usually involves taking an unjustifiable risk that a reasonable person would not take -​ Eg. recklessly shooting a pellet gun into a crowd -​ Accused may not have tried to hurt someone, but they should have been able to foresee harm -​ Wilful blindness: Suspects a criminal outcome but does not ask the questions to confirm -​ Eg. transporting something illegal such as drugs in a trunk Marriage Entering a Marriage - Both federal and provincial governments have jurisdiction over marriage and family matters. Federal Government: has jurisdiction over who/essential requirements for a valid marriage. Essential Requirements: - laws that deal with an individual’s legal and personal capacity to marry - these laws apply to all Canadians The requirements are as follows: a) mental capacity- one’s ability to understand the nature of one’s actions and to voluntarily enter into a contract  b) valid consent- agreement to enter a marriage willingly c) minimum age or parental consent- minimum age is 16 with parental consent or 18 without parental consent in ONTARIO d) absence of a prohibited marriage- you cannot marry someone you are closely related to due to the mental and physical disorders that may occur in your offspring For example: A woman cannot marry her father, grandfather, son, brother, adopted brother , or grandson. e) termination of prior marriages- a person can be legally married to only one spouse at a time Bigamy- state of being married to two people at the same time (a criminal offence in Canada). f) sexual capacity- you must be able to legally validate a marriage through sexual intercourse between spouses - marriage may be annulled (declaration that the marriage never existed) if a spouse is unable to consummate the marriage​ Provincial Government: has jurisdiction over formal requirements (i.e. wedding ceremony) Formal Requirements for Marriage 1) Marriage Licence: legal document proving that two people are married to each other 2) Banns of Marriage: a public declaration announcing a couple’s intention to marry 3) Marriage Ceremony Families Today Common-law relationships: a conjugal relationship between two individuals who are not legally married. (A "conjugal relationship" in Canada is one in which two people share a home, finances, friend groups, and an emotional connection, in addition to having a sexual relationship). In Ontario: 3 years (no kids) 1 year (with kids) ENDING A MARRIAGE Divorce: a legal termination of marriage Petitioner: the person seeking a divorce Respondent: person being sued for divorce Grounds for Divorce: 1) Marriage Breakdown: only grounds for divorce; established if spouses live apart for ONE year, if one spouse commits adultery, or if one spouse has been physically or mentally cruel to the other process can be expedited. Child Custody: always determined by the “best interest of the child”. Jury Duty BACKGROUND INFORMATION: o​ Computer list of people in the country who are eligible for jury duty o​ Requirements: must be 18 or older ​ ​ ​ must be a Canadian citizen ​ Factors that would exclude one’s participation on a jury: ○​ judge, lawyer, police officer, firefighter, prison guard, MP/senator, soldier ○​ doctor, vet, or hold a job considered vital to the community ○​ disability (e.g., deaf, blind) ○​ record involving an indictable offence ○​ have served on a jury in the last three years IN COURT: ​ You can be charged for failing to show up for jury duty ​ You may be exempt (e.g., religious beliefs, students) ​ Names are called one at a time in the courtroom ​ Defence counsel and Crown prosecution are allowed to ask you ​ questions ​ Defence can Challenge for cause (reject people for a reason, unlimited) Peremptory challenges (rejecting people for no reason; deemed unconstitutional in 2019 and removed from law) ​ Crown has the same number of challenges, with 48 stand asides ​ (people who can be called back) ​ Jury members can take notes during the trial, only with the judge’s ​ permission ​ Jury members may be sequestered (isolated from the public) ​ Jury members receive payment for food and travel History of rights and freedoms (dev.) in Canada Civil Rights -​ Limit the power that a government has over its citizens Human Rights -​ Protect people from being unfairly discriminated against by other individuals Magna Carta – 1215 -​ Limited king's power -​ Only nobility received more rights, not ordinary people Glorious Revolution -​ English Bill of Rights -​ Monarchs promised to obey the laws of Parliament and allow free elections -​ Only nobility and wealthy landowners could vote and control parliament Natural rights -​ Life, liberty and security -​ Exist independently of any rights or duties created by ruler, government, church or society American Revolution (17th Century) ​ 13 colonies fought independence for Great Britain ​ British Parliament had passed laws favoring Britain and not the American colonies ​ British ignored colonies demands and imposed new taxes ​ Americans protested "no taxation without representation" in 1775 ​ 1776, American Congress issued the Declaration of Independence -​ Written by Thomas Jefferson -​ Proclaimed the existence of the USA -​ Britain sent more troops and fighting until 1783 -​ Last British troops driven out of New York in 1783 signed the Treaty of Paris (USA was born) ​ Constitution of the USA was made law in 1788 -​ Written by wealthy powerful men -​ Did not include a bill of rights – power elite feared giving rights to ordinary people -​ Feared that ordinary people could not be trusted to govern themselves ​ 1791, 10 changes were made to the Constitution – becoming the US Bill of Rights ​ Inspired people throughout the world ​ Influenced new ideas that were sweeping through western Europe ​ Powers of the Church and rulers were being challenged ​ The rules governing people must be changed if they failed to protect the "natural rights" of citizens French Revolution (1789) ​ 1789, French people rose up and violent overthrew their rules (Monarchy, church and nobility) ​ Privileges of feudalism and the church were abolished ​ National Assembly made of elected members was established ​ National Assembly passed the Declaration of the Rights of Man and the Citizen -​ Guaranteed all French citizens their basic freedoms and became the basis of future modern democracies International law -​ Based on principles than on exact wordings -​ Takes into account the general accepted practices of judicial systems around the world -​ Deals only with disputes between countries, not individuals -​ An individual cannot bring a complaint against a country 1.​ Treaty Law - Binding agreements, freely entered into by states 2.​ Resolutions - "Soft law" - lack the force of customary or treaty law - Can be adopted quickly Defenses Criminal Defenses -​ Right to criminal defense is one of our fundamental rights -​ The Criminal Code defines some defenses available 1.​ Mistake of Fact -​ Depends on the accused not having mens rea (guilty mind) -​ Mistake of fact defense assumes that the mistake was honest and reasonable -​ Eg. serving alcohol to a minor who provided a fake ID -​ Would the person have committed the offence if they had known the true facts? 2.​ Mistake of Law  -​ Defense based on a claim that one committed the offence because they did not know that their action was against the law -​ Colour of Right: Honestly held belief in entitlement to property (Defence to a charge of theft) -​ Entering a family property without knowing that it had been sold to another family 3.​ Automatism -​ Applies to persons who commit criminal acts but who cannot be found criminally responsible because they were mentally impaired when offense took place -​ Hypnotic state -​ Sleepwalking -​ Brain tumour -​ Epilepsy -​ Blow to the head -​ Severe psychological shock (PTSD) 4.​ Self Defense -​ Self defense does not argue a lack of criminal intent -​ Argues a justification for the criminal act - Alleges that actions are justified on the grounds that people have a right to defend themselves -​ Elements of self defense - Accused believed he/she was to be harmed - Accused used the force required (not more) to avoid threatened harm 5.​ Provocation -​ Partial defence that reduces the crime of murder to manslaughter providing the accused can show he/she was provoked into killing 6.​ Entrapment -​ Used to show that the accused was set up or trapped by lawful authorities into doing something they would not otherwise have done 7.​ Duress -​ Defense makes the argument that an accused was forced to commit a criminal act under the “threat of personal injury or death” - Defense is excluded if crime causes serious harm such as murder, abduction or assault with a weapon 8.​ Mental Disorder -​ Incorporated into Canada’s own criminal code “mental disorder defense” - Verdict of “not criminally responsible by reason of mental disorder” 9.​ Intoxication  -​ It can be argued logically that a person who committed a crime while intoxicated from alcohol or drugs may not have been able to form mens rea -​ Will NOT result in the charges being dropped, just reduced ​ Different levels of murder First degree murder -​ Planned & deliberate (considered consequences) or victim is in law enforcement -​ Life with no parole for 25 years -​ Murder is planned and deliberate (Planned refers to a “scheme or design” that has been thought out carefully, Deliberate means “considered” and “not impulsive” -​ Victim is a law enforcement agent, such as police officer or someone working in a prison -​ Death occurs while another offensive crime is being committed (Hijacking an aircraft, sexual assault, aggravated sexual assault, sexual assault with a weapon, threats or causing bodily harm to a third party, kidnapping and forcible confinement and hostage taking) -​ Murder was caused while committing or attempting to commit an offence related to criminal harassment -​ Murder is committed while using explosives to commit an offence in association with a criminal organization -​ Murder was committed while committing, or attempting to commit, an indictable offence that could also be considered a terrorist activity Second degree murder -​ Deliberate murder of a human (not planned) -​ 25 years with no parole for 10 years -​ Does not fit into any of the above categories but is still caused intentionally Minimum sentence for both first and second degree murder is life imprisonment Causation -​ Cause of death -​ Necessary to prove causation in order to convict a person of first-degree murder -​ Crown must prove that the accused actions resulted in a cause of death in the victim Manslaughter -​ Causing the death of a human, directly or indirectly, by means of an unlawful act -​ Not murder and requires only general intent -​ Eg. if Marina loses control of her car while speeding and kills a pedestrian, she could be charged with manslaughter, not murder -​ Mens rea for manslaughter is that a reasonable person would recognize that the unlawful act could physically harm or kill the victim  -​ Sometimes people charged with murder are convicted of manslaughter if the accused successfully uses on of two offences (provocation or intoxication) -​ Provocation: must be shown that the accused caused another’s death “in the heat of passion caused by sudden provocation” -​ Intoxication: Being drunk of “high” can affect a person’s ability to predict the consequences of his or her actions Participants in criminal activity 1.​ Aiding -​ Help someone commit a crime 2.​ Abetting -​ Encourage someone to commit a crime 3.​ Accessory after the Fact -​ Someone who helps a criminal escape detention or capture Trial process 1.​ Court Clerk reads the charge 2.​ Defence enters plea -​ Guilty -​ Not guilty (never pleads innocent) -​ Special plea (Autrefois acquit, autrefois convict) 3.​ Judge’s opening remarks to the jury 4.​ Crown’s opening remarks to the jury 5.​ Crown Examination of Crown Witness 6.​ Defence cross-examination of crown witness -​ Test credibility -​ Test reliability -​ Offer different interpretation of the facts 7.​ Crown re-examination of crown witness -​ Clarifies points put in doubt during cross examination -​ No questions on new topics allowed 8 - 10. Defence examination of defence witnesses ​ Crown cross examination of defence witnesses ​ Defence re-examination of defence witness 11. Defence sums up to the jury -​ Reminds jury of presumption of innocence beyond a reasonable doubt -​ Goes over all of the evidence that raises a reasonable doubt -​ Attempts to evoke sympathy 12. Crown’s summations to the jury -​ Synthesizes the evidence in a manner that establishes guilt -​ Reminds jury of the juror’s oath and their duty to convict 13. Judges charge to the jury 14. Jury deliberates to determine verdict 15. Jury gives verdict 16. Remand for sentence 17. Judge gives sentence Civil Rights vs. Human Rights Civil Rights (and freedoms) - limit the power that a government has over its citizens Human Rights – protect people from being unfairly discriminated against by other individuals -​ Canadians can feel secure in almost all areas of their lives -​ Canadians are free because laws are passed and enforced to protect their rights and freedoms -​ Wealth, gender, race, age, belief, family status … are not supposed to determine how you are treated in Canada – equal under the law Youth and Justice: Criminal law and Young people: Facts: ​ Statistics: 1984-1991 crime in youth rose dramatically, peaking 1991 –​ Reasons: Changes in reporting (zero-tolerance policy adopted by schools) ​ U.S. youth 6-10 times more likely to commit homicide –​ Reflects different values and attitude –​ Reflects easy access to firearms in the U.S. Youth and the law: -At some point curing their adolescence(young people between the ages of 12-18) many young people break the law. -There are many reasons including: ​ Peer pressure ​ Lack of self confidence ​ Impulsivity ​ Trouble in their personal life History-Legislative Reform and Young People: Juvenile Delinquents Act(1908): -Defined young people who committed crime -This act had kids treated as misdirected children and not criminals -This included people who: ​ Ran away from home ​ Skipped school ​ Committed crime ​ Considered “unmanageable” or sexually immoral -These kids would be sent to training schools(custoday,dicipline and vocational) Criticism(1970): 1.Was too soft,ddint work.Youth re-offended 2.Gave judges and police broad power in determining what was in the “best interest” of our kids Solution: 1984-Young Offenders act Summary of the Juvenile Delinquents Act,1908: ​ Age 7-18 ​ Child-welfare approach ​ Informal process ​ Lack of recognition of legal rights ​ Incidents of institutional abuse ​ Significant judicial discretion Young offenders Act(1984): -The shift of welfare approach to a criminal approach -This act identifies children that were labeled as musdirected in the Juvenile Delinquents Act to young offenders(ages 12-18) -Young offenders were held accountable for their crimes but at a lower level of accountability -Act recognizes the legal rights of youth as in the Charter -This act emphasises on youth yaking responsibility for their actions and societies rights being protected -Crimes continues to increase during the 1990s -Public call government to get tougher on violent youth crime Amendments 1992 and 1995: ​ Max sentence increased to 10 years ​ Easier to transfer to adult court Youth Criminal Justice Act: - Purpose of this act was to long term protect society 1.Make the sentence math the crime and consider other messures besides incarceration(the state of being confined or imprisoned, typically as a result of being convicted of a crime.) 2.Get the youth’s family,victim, youth workers and other meber of the community involved. Incapacity of Children: -Children under 12-incapable of appreciating the nature and consquence of a criminal act-not criminally responsible -To be dealt with by parents of under the social welfare and mental health laws of each province or territory Exam Questions: 1.The first step before any trial Arrest 2.A crime must have two elements present: Actus reus and mens reas 3.A person who initiates hahahhsgsa Plantiff 4.A person can commit a crime by doing nothing when there was a legal duty to act True 5.You must be over the age of 21 to be called for jury duty Flase(over 18) 6.R v Le focusses on illegal search by police True 7.Education is a federal matter False provincial 8.Does the government have power of citizens Human rights False(civil rights) 9.R v Carier focused on privacy rights? False - About AIDS 10.The defence of autonomous False 11.The code of hammerabi is the first written law in the roman law False 12.Provincial government is the government who determines who gets married False 13.The respondent is the name of the person seeking a divorce The petitioner 14.Pled bargain an unoffical court trial that doesn’t require a judge False 15.The process of discussions after the trial is called arbitration 16.What is the term for the legal definition Smtg with a p 17.Individuals who verbal encourage others to commit a crime Abetting