Law Exam Review (Grade 12) PDF

**Law Exam Review (Grade 12)** **PART A: Identify and State Legal Significance** **CONSPIRACY:** An agreement between two or more people to commit an illegal act, or to achieve a lawful act through illegal means. An example, imagine two people agree to rob a bank. They don\'t go into the bank or s...

**Law Exam Review (Grade 12)** **PART A: Identify and State Legal Significance** **CONSPIRACY:** An agreement between two or more people to commit an illegal act, or to achieve a lawful act through illegal means. An example, imagine two people agree to rob a bank. They don\'t go into the bank or steal anything, but they plan it out: they scout the bank, gather weapons, and even figure out the getaway car. **SUBSTANTIVE LAW:** A law that identifies the rights and duties of a person or level of government. An example is if a person takes an item from a store without paying for it, substantive law will determine if this is indeed theft. It provides the foundation for the prosecution to argue that a crime has occurred and gives the defendant the framework of defense or justification. **RULE OF LAW:** The fundamental principle that society is governed by law applying equally to all people. Example is a government official embezzles money from a public fund. Under the Rule of Law, even though this person holds a position of power, they would still be subject to legal consequences. **UNDUE HARDSHIP:** The result of a change that would affect the economic viability of an employer or produce a substantial health or safety risk that outweighs the benefits of accommodating someone. an employee with a disability request to work from home due to a medical condition. The employer might be able to accommodate this request if the work can be done remotely without disrupting business operations. **TORT LAW:** The area of private law covering civil wrongs and damages that one person or company causes to another, when the wrongs damages arise independently of a contractual relationship. example Someone is walking through a grocery store, and they slip on a wet floor that wasn\'t marked with a caution sign. The person falls and injures their back. In this case, the grocery store could be held liable under negligence. **RESTRAINT OF POWER:** Refers to limits or checks placed on the authority of government officials or any entity in a position of power. These constraints are crucial to ensure that no one becomes too powerful or acts in ways that could violate the rights of individuals. example of restraint of power can be seen in the United States, where the Supreme Court has the power of both the legislative and executive branches of government to declare curtained laws. **STATUTE LAW:** Also known as statutory law, refers to laws that are created and enacted by a legislative body such as a parliament, or congress. These laws are formally written through a specific legislative process. Example A statute may specifically define theft as taking someone else\'s property without their consent with the intent to permanently deprive them of it. **THE WHITE PAPER BILL:** A proposal for legislation or a policy that is presented by the government or a legislative body, usually to outline the details of a new law or policy that is being considered. The term \"white paper**\"** traditionally refers to a document that presents a detailed policy proposal. **PRESUMPTIVE OFFENSE:** Refers to a situation in legal contexts where a person is presumed to have committed a certain offense based on specific evidence, facts, or circumstances, unless they can prove otherwise. examples of a presumptive offense are the presumption of intoxication in cases involving driving under the influence (DUI). **DUE DILIGENCE:** Refers to the reasonable steps taken to investigate, verify, and ensure that all necessary information is gathered before making decisions, particularly in legal, financial, or business contexts. **AMENDING FORMULA:** A method for making changes to a constitution in Canadas case, a method that would no longer involve the British parliament. example of an amending formula can be found in Canada\'s Constitution, specifically within the Constitution Act, 1982, which outlines the rules for how the Canadian Constitution can be amended. **SELF-INCRIMINATION:** The act of exposing oneself to prosecution or criminal charges by providing evidence or making statements that could be used against oneself in a court of law. Example Imagine someone is arrested on suspicion of theft. During the interrogation, the police asked them if they took the stolen items. The suspect, invoking their right against self-incrimination, chooses to remain silent and not answer the question. **PART B: Short Answers** 1. **Labour Laws...Inalienable and Unconscionable** +-----------------------------------------------------------------------+ | **INALIENABLE:** | +=======================================================================+ | - Refers to rights that cannot be surrendered, sold, or | | transferred, even if someone agrees to do so. | | | | - Workers cannot agree to work for less than the statutory minimum | | wage. | | | | - Employers must provide a workplace free of hazards, and this | | cannot be waived. | | | | - In many countries, laws mandate rest periods and maximum working | | hours to ensure workers' well-being. | +-----------------------------------------------------------------------+ +-----------------------------------------------------------------------+ | **UNCONSCIONABLE:** | +=======================================================================+ | - Refers to actions, terms, or contracts that are so one-sided or | | unfair that they shock the conscience of a reasonable person. | | | | - Forcing workers to exceed legal limits without fair compensation. | | | | - Including clauses that heavily favor the employer, such as unpaid | | overtime, non-compete clauses that limit future job prospects, or | | penalties for leaving a job. | | | | - Labeling employees as independent contractors to deny them | | benefits like health insurance or paid leave. | +-----------------------------------------------------------------------+ 2. **Systemic Bias...the role of Legal Jurisprudence?** **LEGAL JURISPRUDENCE:** The philosophy, theories, and principles underpinning the law. - Jurisprudence often reflects the perspectives of dominant groups because marginalized communities are underrepresented in lawmaking. - It often favors corporations and the wealthy, reflecting a bias toward property rights over social or economic justice. - Some legal systems embrace a jurisprudence that actively seeks to redress historical injustices through the constitution. - Many legal systems now provide implicit bias training to judges and lawyers to mitigate prejudiced decision-making. - Jurisprudence often shields police misconduct under doctrines like qualified immunity, making it difficult for victims to hold law enforcement accountable. 3. **Objective to subjective...why have the standards changed and is it for the better?** \*Establishing the Subjective (Own choice) or Objective (External) mens rea is critical to determine the level of criminal culpability and the criminal offense. **SUBJECTIVE:** (Believed to be fairer) Mens Rea often refers to the accused having the requisite intention to do the offence when committing it. This distinguishes the Actus Reus/Mens Rea as separate processes. **OBJECTIVE:** Mens Rea often refers to the accused not following the reasonable standard of society. The blame was based on the accused's failure to live up to the standard of a reasonable person. The subjective standard focuses on the accused's personal intentions and mindset at the time of the crime, considering factors within and beyond their control. The objective standard evaluates actions against a \"reasonable person\" standard, focusing on whether the conduct was unreasonable, regardless of intent. In short, the subjective standard looks at intent, while the objective standard compares actions to societal norms. The criminal justice system uses both perspectives to charge and punish offenders, offering a balance of internal and external factors. This dual approach is better for ensuring just outcomes. 4. **Victim Impact statements...relevance and affect** **VICTIM IMPACT STATEMENTS:** A written or oral statement made by the victim (or their family) during the sentencing phase of a criminal trial. - V.I.S allows the court to see the victim as a person rather than just evidence in a legal case. - It gives victims a voice, validating their experiences and pain in a process that often feels impersonal. - V.I.S can provide judges with critical information about the impact of the crime, which may guide sentencing within legal frameworks. - Sharing their experience can help victims feel a sense of justice and closure. - Offenders may better understand the harm they've caused, potentially influencing remorse and rehabilitation. 5. **Globalization and International treaties...a new world order; are we making a difference?** **NEW WORLD ORDER:** Often associated with the idea of global governance - a system where international cooperation, treaties, and organizations play a central role in addressing transnational challenges. - The interconnectedness of global markets forces countries to cooperate on trade rules, labor standards, and financial regulation. - Globalization fosters shared norms, values, and ideas that influence treaty-making, especially in areas like human rights and environmental sustainability. - While treaties address pressing issues like climate change or trade, their implementation often falls short due to political resistance, economic disparities, and lack of enforcement mechanisms. - The Paris agreement has made many countries adopt renewable energy policies and set net-zero emission targets. - The World Trade Organization promoted economic growth and lifted millions out of poverty. 6. **Presumption of Innocence...are rights of the accused a cornerstone of Canada's judicial system?** **PRESUMPTION OF INNOCENCE:** A legal principle that states a person is innocent until proven guilty. It\'s a fundamental concept in trial law that ensures a fair legal system. - The presumption of innocence is explicitly protected under Section 11(d) of the Charter, \"Any person charged with an offence has the right to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal\" - Protecting the rights of the accused ensures that individuals are not punished or stigmatized without sufficient evidence of wrongdoing. - The prosecution must prove the accused's guilt beyond a reasonable doubt. - The accused is not required to testify or prove their innocence. - The accused has the right to a trial that is free from bias, corruption, or undue influence. - Every accused individual has the right to hire a lawyer, and for those unable to afford one, legal aid is often available. 7. **Legal realism...putting legal theory to the test?** **LEGAL REALISM:** The school of legal philosophy that examines law in a realistic rather than theoretical way; the belief that law is determined by what actually happens in the courts as judges interpret and apply law. - **Legal Realism Origins:** Scholars questioned the idea that legal cases could be resolved just by applying procedural rules in statute law. - **Focus on Judges:** Legal realists believed it was necessary to examine how individual judges apply the law in practice. - **Shift in Perspective:** Emphasized looking beyond written law to understand the real-world decision-making process in courts. Legal Realism shows that legal decisions aren\'t just based on fixed rules, but also on judges\' interpretations influenced by social, political, and economic factors. It challenges the idea that laws are applied strictly as written, highlighting the role of judicial discretion. This approach makes the legal system more flexible and adaptable to changing social norms. 8. **Regulatory laws\...who are the watchdogs and are we doing enough?** **REGULATORY LAWS:** Refers to secondary legislation, including regulations, promulgated by an executive branch agency under a delegation from a legislature; as well as legal issues related to regulatory compliance. In Canada, regulatory laws are enforced by a variety of federal, provincial, and municipal agencies, depending on the specific area of law being regulated. Some of the main bodies that enforce these laws include: 1. **FEDERAL ENFORCEMENT:** - **Royal Canadian Mounted Police (RCMP):** The RCMP enforces federal laws such as criminal law, immigration laws, and certain regulatory offenses. - **Canada Border Services Agency (CBSA):** CBSA enforces regulations related to customs, immigration, and the import/export of goods. - **Canadian Radio-television and Telecommunications Commission (CRTC):** Enforces regulations related to broadcasting and telecommunications. 2. **PROVINCIAL ENFORCEMENT:** - **Provincial Police (e.g., Ontario Provincial Police, Sûreté du Québec):** Enforce laws within their respective provinces, including provincial regulations and certain criminal offenses. - **Provincial Ministries (e.g., Ministry of the Environment, Ministry of Health):** Each province has its own set of agencies responsible for enforcing provincial laws related to health, environment, labor, and more. 3. **MUNICIPAL ENFORCEMENT:** - **Local Police Departments:** Enforce municipal laws such as traffic regulations, bylaw enforcement, and local ordinances. - **City Bylaw Officers:** Often handle specific local regulatory matters, such as zoning laws, building codes, and noise regulations. Regulatory laws are rules and guidelines established by government authorities to control and govern the behavior of individuals, businesses, or organizations within a specific area or industry. These laws are designed to promote public safety, fairness, environmental protection, economic stability, and the overall welfare of society. Regulatory laws are usually created and enforced by specialized agencies or bodies that have the expertise to address specific issues. **PART D: Essay** 1. **How did legislation in the 20th century help to develop the modern Canadian landscape for both environmental and labor issues?** **LABOR LAWS IN CANADA:** 1. **Pre-20th Century Labor Laws:** - Weak and unenforced environmental and labor laws. - No proper regulatory bodies to enforce laws. - Led to environmental exploitation and labor inequalities. 2. **Trade Unions Act (1872):** - Nullified conspiracy charges against unions under the criminal code. - Made labor unions legal and gave workers a voice. - Allowed unions to begin establishing labor laws. 3. **Canadian Labour Code (1972):** - Governed the relationship between employers and employees. - Established federal minimum work standards (wages, hours, etc.). - Key areas: labor relations (unions), workplace health and safety, employment standards, dispute resolution. - Served as a reference for provincial working standards. ### **ENVIRONMENTAL LAWS IN CANADA:** 1. **Environmental Protection Act (1971):** - Marked a shift towards formal environmental regulations. - Addressed industrial pollution, waste management, and resource use. - Included provisions for reporting pollution and related offences. 2. **Environmental Bill of Rights (EBR) (1993):** - Empowered the public to protect the environment. - Focused on reducing pollution, conserving resources, and protecting biodiversity. - Gave citizens tools to hold the government accountable for environmental decisions. ### **IMPACT ON CANADIAN LEGISLATIVE LANDSCAPE:** 1. **Labor Laws:** - Recognized collective bargaining and the rise of unions. - Addressed key issues like minimum wage, working hours, benefits, and working conditions. - Helped reduce exploitation and ensured fair treatment of workers. - Established fundamental human rights and improved employment conditions. 2. **Environmental Laws:** - Played a key role in protecting Canada's natural landscapes and resources. - Promoted conservation and responsible resource management. - Ensured economic growth did not compromise environmental health for future generations. ### **CONCLUSION:** 1. **20th Century Legislation:** - The Trade Unions Act, Canadian Labour Code, Environmental Protection Act, and Environmental Bill of Rights were crucial. - These laws led to a more regulated, balanced approach to industrialization, urbanization, and environmental conservation. - Together, they helped shape the modern Canadian landscape.