Law Exam Review PDF

Law Exam Review Legal Foundations Review - Brooklyn Code of Hammurabi - The Code of Hammurabi was one of the earliest known collections of codified laws. These ones were inscribed on stone pillars. The basic premise was “an eye for an eye, a tooth for a tooth...

Law Exam Review Legal Foundations Review - Brooklyn Code of Hammurabi - The Code of Hammurabi was one of the earliest known collections of codified laws. These ones were inscribed on stone pillars. The basic premise was “an eye for an eye, a tooth for a tooth”. It discusses retribution and restitution. -​ Retribution is justice based on vengeance and punishment. -​ Restitution is payment made by the offender to the victim of a crime. Habeas Corpus - From the Magna Carta came Habeas Corpus, from the Latin term “you must have the body”, a court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable amount of time. This was to determine the validity of the arrest. The idea was to release people who were unlawfully placed in prison. The Justinian Codes - Known for innocent until proven guilty. Made the justice system available to everyone in society. Stare Decisis - This was a principle that meant to “stand by the decision” and it came from the practice in which judges would record their decisions in cases and then these reports would become available to other judges who would follow the examples in said reports and help them make decisions with similar cases. This led to the “rule of precedent” which meant you would apply a previous decision to a case with similar circumstances. Rule of Law - The Rule of Law means that no one is above the law and everyone must follow the law equally. It is a collection of ideas that governs how we all relate to each other. It also dates back to Ancient Greece. Magna Carta - Established political and civil rights for the people of England, based on the rule of law. No one, not even the king, was above the law. King John was forced to sign this. It also brought about Habeas Corpus. It is now a part of the Charter of Rights and Freedoms. Case Law - Also called Common Law, Case Law was judged in the courts with judges trying cases. This is a common legal method for dealing with cases, you look at old cases to determine how you deal with new ones. While we also use Statute Law in Canada which is based on decisions that have been codified. Codified - When a law is written out and made official it is codified. Circuit Judges - These were judges who would travel to villages to hear cases and record the decisions made. This helped to establish a common method of dealing with similar cases. The Trials - -​ Trial by ordeal – used only when the sentence for guilt was the death penalty, it required a person to undergo torture to determine guilt or innocence. -​ Trial by oath helping – friends of the accused would swear on the Bible that he or she was innocent. From this came the use of juries to decide cases. -​ Trial by combat – determining guilt or innocence by having the parties fight a duel. From this came the adversarial system, the judicial process whereby evidence is presented by two opposing parties to an impartial judge or jury. -​ Trial by fire - the accused had to hold a red-hot iron. The hand was then wrapped in cloth and uncovered after three days. If the burn had healed cleanly, the accused was judged innocent, but if the hand was infected they were accused guilty. -​ Trial by water - The accused would be thrown into a body of water with their hands bound, if they floated they were guilty because water was considered a symbol of purity and it rejected the accused. If the accused sank they were innocent, although they often drowned before they could be rescued. Morals - These are often used to refer to a person's moral standards for himself or herself. They are more personal than ethics. Often comes from religious texts. Ethics - A system of moral principles and the rules of conduct that arise from them. They determine right or wrong behaviour and refer to an individual's moral beliefs or principles which govern their conduct. Lobbyist - A lobbyist is a professional trained in the art of policy influence. They are looking to make political, social, or legal changes usually in respect to a singular cause. To “lobby” is to attempt to influence the government to pass, amend or repeal laws that would support one’s cause towards the benefit or organisation that the lobbyist represents. Bills - A Bill is a proposal to create a new law or change or repeal an existing law. Bills originate in either the house of commons or the senate. If it originates in the house of commons the bill will be assigned a “C” with a number but if it originates in the senate then it will be assigned a “S” and a number. How a bill becomes a law: 1.​ First Reading - Passage through the first house where the MP’s draft/create bills. They then study the bill and decide whether or not to support it, or only certain parts. 2.​ Second Reading - MP’s debate the principle behind the bill. This is when it can become heated. The “Speaker” has to keep the debate amicable. Then when the debate is finished the “Speaker” calls a vote. 3.​ Committee Stage - If the bill passes from the second reading  4.​ Report Stage - Changes to bill considered based on committees reviews and recommendations. 5.​ Third Reading- Final stage of bills journey in the House of commons. MP’s comment on changes, criticise, or ask questions before one final vote. Usually the bill is then accepted by the senate but at times it is sent back and goes through all those steps again. Once both legislative houses agree it is given to the Governor General for Royal Assent which makes it official law in Canada. Systems of Law: Common and Civil Law Common Law and Civil Law both fall under Substantive Law. So does Statute law. Public Law vs. Private/Civil Law. -​ Public law deals with relationships between the government and other people. -​ Private/Civil law deals with private citizens/organisations and the government. Categories of Law: Domestic Law - Laws made and enforced within a nation's borders. Substantive Law - Defines the rights duties and obligations of citizens and levels of government. Refers to the content of law. (Every law discussed after procedural falls under substantive law) -​ Procedural Law - Prescribes methods of enforcing rights, duties, and responsibilities within substantive law. Anyone with lawful authority must follow procedural law. It ensures that everyone is treated fairly and limits the powers of the courts and police. Public Law - Regulates the relationship between the government and its citizens. All public laws are subject to the Canadian Charter of Rights and Freedoms. -​ Constitutional Law - The constitution is the supreme law of Canada. All laws must conform with it. Can be exercised by anyone. -​ Administrative Law - This affects our everyday lives the most. It refers to the many government departments that play a role in regulating the relationship between people and government agencies. (Ex. Labour board, workers compensation board, and liquor control board) -​ Criminal Law - Prohibits and punishes behaviour that causes harm to another. All crimes are described in the Criminal Code of Canada. In Canada, crimes are carried out against society, which is why the prosecution is represented by the crown. Only the crown attorney can lay a criminal charge and it must be found in the criminal code. Federal govt. is the only one allowed to pass criminal legislation. -​ Environmental Law - deals with a complex system of law that works to protect the natural environment. Some regulate the impact of human activities while others are preventive. -​ Tax Law - Deals with a codified system concerning the levies on economic transactions (taxes).  -​ Aboriginal Law - Deals with a comprehensive series of acts and regulations concerning the Indigenous peoples of Canada. Private Law - Also referred to as civil law, this area of law governs the relationship between; individuals and individuals, and individuals and organisations. Does not apply to govt. organisations. Main purpose is to regulate conduct and compensate individuals who have been harmed by the actions of others. -​ Family Law - Refers to; divorce and separation, adoption, custody, parenting, spousal and child support, and enforcing support and resolving enforcement issues. -​ Contract Law - Applies when people and/or companies enter into agreements, verbal or written, to purchase or provide goods and services. -​ Tort Law - Applied when someone is injured or harmed and seeks compensation for the harm, pain, suffering or financial loss. In tort law the onus is on the plaintiff (person harmed) to show the defendants actions caused the damage. (Ex. Someone slips on ice outside the store) -​ Wills and Estate Law - Deals with the division of property after death. Estate lawyers make sure their clients have legally binding wills which state how their property will be divided when they die. -​ Property Law - Regulates ownership rights in all property and governs the ownership and transfer of real estate. -​ Employment Law - Covers relationships between employers and employees. Governs the rights of the employers and employees as well. (Ex. Minimum wage) Quebec Law - Only province with a civil law, which is based on the Napoleonic code. Human Rights Review - Brooklyn Human Rights - Things we are entitled to, simply because we are human. Ex. Dignity, equality, and respect. You do not have to earn them, you are born with them the same as everyone. Nobody can give you these but they can be taken away. Stereotype - An oversimplified, standardised, or fixed judgement of a group of people. Meaning that a characteristic seen in one member of a group is assumed to be found in the other members. These can be both positive and negative. Poisoned Environment - Created when comments or actions based on discriminatory grounds make an individual feel unwelcome/unwanted in an environment. Prejudice - A preconceived opinion based on a stereotype. Constructive Discrimination - Practices that inadvertently exclude certain people, resulting in discrimination. Ex. a job that has a mandatory height requirement would often lead to exclusion of women as they tend to be shorter than men. Sexual Harassment - Comments or conduct based on an individuals sex or gender that is known to be or ought reasonable be known to be unwelcome. Discrimination - Making a distinction and treating them differently on a basis other than individual merit. -​ Individual Merit - Means that a person makes a decision based on relevant factors. Direct Discrimination - Discrimination that is based upon a ground that is protected by law. Harassment - Comments or actions that are known, or ought reasonably known, to be unwelcome. Inalienable Rights - Guaranteed entitlements that do not have to be earned and cannot be transferred from one person to another. Respondent - A defendant in a lawsuit, they respond to the case. Affirmative Action - The act of favouring certain groups of people who have been systematically discriminated against. The idea is to restore equal opportunities. Ontario Human Rights Code - Complainant - (plaintiff/petitioner) They make the complaint in a legal action or proceeding and are considered the alleged victim of an alleged offence. Equality - Providing people with the same treatment, regardless of their membership in specific groups, in order to achieve fairness. Equity - Sometimes, to achieve fairness, people need to be treated differently in order to recognize the individual's specific needs. Justice - That which is morally right and fair. Inclusiveness - The ability of all individuals to participate fully and in a meaningful way in all aspects of life. Ontario Human Rights Code: What does it protect? ​ Age ​ Ancestry, colour, race, creed, religion ​ Citizenship ​ Ethnic origin ​ Place of origin ​ Disability  ​ Family status ​ Marital status (including single status) ​ Gender identity, gender expression ​ Receipt of public assistance (in housing only) ​ Record of offences (in employment only) ​ Sex (including pregnancy and breastfeeding) ​ Sexual orientation Which social areas? Accommodation; contracts; employment, goods, and services; and membership in unions, trade or professional associations. The four goals of the commision - -​ 1. Prevent discrimination through public education and development of public society. -​ 2. Investigate complaints of discrimination and harassment. -​ 3. Mediate between parties in complaints and help them reach a settlement. -​ 4. Investigate situations where subtle or indirect discrimination may exist. Charter of Rights and Freedoms: Guarantee of Rights and Freedoms - They are guaranteed but only to such reasonable limits prescribed by law can be demonstrably justified in a free and democratic society. Legal Rights - ​ right to life, freedom and security ​ protection from unreasonable search and arrest or unreasonable imprisonment ​ the right to have a lawyer ​ the right to be charged and tried for a crime in a reasonable time ​ the right to be considered innocent until proven guilty in a fair trial ​ the right not to be given cruel or unreasonable punishment Fundamental Freedoms - ​ Freedom of conscience and religion ​ Freedom of thought, belief, opinion and express including ○​ Freedom of the press ○​ Freedom of peaceful assembly ○​ Freedom of association Equality Rights - Protection from discrimination based on race, country of origin, colour, religion, and disability. Democratic Rights - Right to vote and Right to run in an election. Notwithstanding Clause - The Charter permits Parliament or a provincial legislature to adopt legislation to override section 2 of the Charter and sections 7-15 of the Charter Mobility Rights - ​ Right to enter, stay in, and leave Canada ​ Right to move to, stay in, and work in another province Outcome of R v. Oakes - The Supreme court of canada interpreted the wording of s.1 and established the basic legal framework for how s.1 would apply to a case. This became a 2 part legal test, known as the Oakes Test, which is applied each time a Charter violation is found in order to determine if a law that infringes a Charter right can be justified under s.1 of the charter. The Six Groups: Treated Differently in History 1.​ Women… a.​ When Canada became independent: Often not given the same rights as me, no legal status. Considered property of men. No university or certain careers. b.​ During WWI: They helped a lot more and were working in factories. c.​ 1921: Passed a law that prevented women from working unless their husband didn’t make enough to support them. d.​ Gender wage gap 2.​ FNMI… a.​ (First Nations, Metis, Inuit) b.​ Residential schools, children forcibly removed from their homes. They were not allowed to practise any of their spiritual rituals or traditions, or to speak their mother tongue. c.​ Indian Residential Schools Settlement Agreement reached: This is a large class-action settlement. Offered billions in compensation to help survivors in recovery. d.​ 2008 formal apology: PM Stephen Harper delivers an apology in the House of Commons on behalf of the government to the FNMI people. 3.​ Immigrants… a.​ In 2003 500,000 people immigrated to Canada. This contributes to our economy as well as adding to our diversity. b.​ Head tax on Chinese immigrants: $50 per person to discourage them from moving to Canada. c.​ Ukrainians in World War 1: They came to Canada to escape the war but were branded as “enemy aliens” and imprisoned under The War Measures Act. d.​ After WWII: Japanese Immigrants were discriminated against and placed in internment camps. PM King also placed restrictions on all immigrants and any from non-European countries were seen as “undesirable”. 4.​ LGBTQIA2S+... a.​ Homosexuality decriminalised: Considered a crime until it was removed from the criminal code as an offence in 1969. b.​ Same-sex marriages were legalised in 2005. c.​ Charter didn’t include this community immediately.  5.​ People with disabilities… a.​ People with disabilities have been denied access to schools, housing, employment, and transportation. b.​ They have been denied the right to vote, been locked away in institutions, and until 1970, were involuntarily sterilised in Alberta and BC. 6.​ Black Canadians… a.​ Canada allowed slavery for over 200 years b.​ Slaves were held in bondage and their free labour was used to build the economy. c.​ Slaves in Canada were subjected to inhumane conditions and treated with cruel punishment, beatings, and death. d.​ Subjected to racism in all aspects of life and govt. Has been suspected of racial profiling. Review landmark case studies!! Criminal Law Test Review - Zoie Criminal Law: Crime: Any act or omission of an act that is prohibited and punishable by the federal statute Four Conditions That Must Exist for it to be considered a crime: 1.​ The act is considered wrong by society 2.​ The act causes harm to society in general or to those who need protection 3.​ The harm must be serious 4.​ The criminal justice system must handle the remedy Criminal Code: A federal statute that contains the majority of the criminal laws passed by Parliament. (Lists offenses, sentencing, and procedures) Jurisdiction: Division of authority between the federal and provincial governments, as well as the legal authority of the courts. Criminal Law: The body of laws that prohibit and punish acts that injure people, property, and the entire community Purposes of Criminal Law:  1.​ Protect people and property 2.​ Maintain Order 3.​ Preserve standards of public decency Elements of a Crime: Actus Reus: The guilty act (voluntary action or omission prohibited by law Mens Rea: The guilty mind ( the act was intentional, knowing, negligent, reckless, or wilfully blind) ★​Both of these must usually be present to convict someone of a crime. Act of Omission: Someone failing to do something can be considered a crime ( parents who don’t feed their kid) Knowledge: When in terms of Mens Rea the accused failed under certain circumstances, to take precautions that any reasonable person would take to avoid causing harm to another person. Liability: The crown does not have to establish men's rea to win a conviction on some less serious offenses. Strict Liability: The accused may acknowledge that the offense took place but then use the defense of due diligence (took every reasonable step to avoid committing the offense) Absolute Liability: No defense possible. (ex. Driving without a license) Criminal Intent: To say someone had intent to commit a crime means ​ He/she meant to do something wrong ​ Was reckless regarding the consequences ​ Or knew or should have foreseen the results of the wrongful act Types of Intent General Intent: a person commits a wrongful act for its own sake with no ulterior motive or purpose. (ex. George punches Gilles because he was mad at him) Specific Intent: Someone commits a wrongful act to accomplish another (ex. George punches Gilles with the intent to steal from him) Recklessness: Involves consciously taking an unjustifiable risk that a reasonable person would not take. The Crown can establish mens reas by proving that the accused demonstrated this. Criminal Negligence: Anyone is Criminally negligent who ​ In doing any act or ​ Omitting to do any act that it is their duty to do so, shows wanton or reckless disregard for the lives or safety of others. Willful Blindness: When you are aware of the need to make an inquiry but fail to do so because you do not wish to know the truth. Willful Blindness involves deliberately closing your mind to the possible consequences of your actions. Involvement In Crime Perpetrator: The person who actually commits a crime. They have to be present at the scene of the crime. (If more than one person is directly involved they are called “co-perpetrators” Aiding: Helping a perpetrator commit a crime. People who are linked to the crime because they assisted the perpetrator are referred to as “parties of an offense” (you do not need to be present at the scene of the crime to aid) Abetting: Encouraging the perpetrator of a crime without actually providing physical assistance. (ex. Standing on the side cheering/ encouraging someone who is assaulting someone else. ★​People are not guilty of aiding or abetting just because they know about a crime or are present at the scene. Parties to an Offence: Those who encourage or assist in the commission of an offense are just as guilty as the person who commits it. Accessory After the Fact: Someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police. Party to Common Intention: The shared responsibility among criminals for any additional offenses that are committed in the course of the crime they originally intended to commit. Incomplete Crimes Attempt: Even when a person is unsuccessful in committing a crime that person can be charged with criminal attempt.  ​ He/she had the intent to commit the crime but, for some reason, failed to carry it through. ​ An attempt does require actus reus but technically the guilty act begins the movement preparation and turns into action. Conspiracy: An agreement between two or more people to perform an illegal act. ​ It doesn’t matter whether the act is carried out ​ Even if the conspirators change their minds or do not get a chance to commit the offense they are still guilty of conspiracy because they once agreed to commit the crime Investigation and Arrest Police Federal: The RCMP, established in 1873, provides investigative and protective services to the federal government, serving as provincial police in all provinces and territories except ON, QC, NL. The RCMP federal policing mandate encompasses border integrity, drugs, and organized crime, international operations, peace, INTERPOL, travel, and financial crime, including commercial and proceeds of crime. Provincial: Provincial forces in rural and unincorporated areas have jurisdiction over municipalities, responding to emergencies, providing traffic control on 400-series highways, providing investigative services, and performing other duties like security at Queen's Park. Municipal: Municipal police forces are organized into divisions and squads, with duties including preserving peace, preventing crime, assisting victims, apprehending criminals, laying charges, prosecuting, executing warrants, and enforcing municipal bylaws. Investigation Starting and Investigation: Officers must call an ambulance, assist injured individuals, request reinforcements, and continue searching the crime scene, even if witnesses claim suspects have left, assuming they are present and armed. Protecting and Preserving a Crime Scene: The Crown's success in prosecuting offenders relies on the condition of physical evidence taken from the crime scene. Officers establish two boundaries: the center and the perimeter. Preserving the crime scene allows thorough searches, collects evidence, and ensures admissibility in court. Evidence: Documenting the crime scene accurately and meticulously, including keeping a police log, and using photographs, sketches, and other recording techniques, is crucial for protecting and preserving evidence. Roles at a Crime Scene: Four types of police officers investigate a crime scene: ​ Patrol Officer: A patrol officer regularly checks an area, often the first to arrive at the scene, securing the crime scene, and ensuring no evidence is lost or tampered with. ​ Scene of the Crime Officer: A "Scenes of the Crime" officer is skilled in evidence collection and preservation techniques, including photography, fingerprint lifting, foot and tire impressions, and blood and DNA collection. ​ Criminal Identification Officer: A criminal identification officer is responsible for searching the crime scene, examining it for physical evidence, gathering and analyzing it, ​ Criminal Investigation Bureau Officer: A criminal investigations bureau officer is a trained detective responsible for overseeing investigations, interviewing victims and witnesses, interrogating suspects, interpreting physical evidence, and arresting suspects. Physical Evidence: Any Object, impression, or body element that can be used to prove or disprove facts relating to an offense Forensics: Forensic science uses biochemical techniques in criminal investigations, analyzing physical evidence at crime scenes. Pathologists perform autopsies to determine a person's death date and time. Arrest and Detention ★​Police collect physical evidence, question suspects, and make arrests. Procedures are codified in the Charter, and failure to follow them risks evidence being considered inadmissible. Questioning: Police must ask suspects questions during crime investigations, but cannot force answers. They must inform arrested individuals of arrest reason and counsel rights, and their statements can be recorded and used in court. Procedures for Arrest and Detention: For an arrest to be lawful, the arresting officer must: 1.​ Identify himself or herself as police 2.​ Advice the accused that he or she is under arrest 3.​ Inform the accused promptly of the charge and show an arrest warrant – if one has been obtained 4.​ Touch the accused to indicate that he or she is in legal custody Detention: Detention involves police stopping individuals and questioning them, requiring them to be informed of their rights and the reason for detention. Police must have reasonable grounds for suspecting an offense based on available information. Reasonable Grounds: Based on the information available, a reasonable person would conclude that the suspect had committed a criminal offence. Appearance Notice: Police use three methods to apprehend suspects: 1.​ Issue appearance notice 2.​ Arrest suspect with a warrant, or arrest without a warrant. 3.​ If the accused fails to appear, they will be arrested for the original offense and failure to appear. Warrant: Police may issue summons for serious offenses, usually if the accused is believed to not appear voluntarily. If reasonable grounds are present, they can obtain an arrest warrant, requiring a sworn statement detailing the offense. Police make arrests without a warrant if they follow one of these 3 circumstances: 1.​ They have reasonable grounds to suspect a person has either committed or is about to commit an offence 2.​ They find a person in the act of committing an offence 3.​ They find a person whom they believe is named on an arrest warrant Citizens Arrest: Citizens arrests are typically shoplifting incidents, with suspects turned over to a peace officer immediately after arrest, though they are rare. Searches: Police typically require a warrant for a search, but for lawful arrests, searches must be connected to the arrest, and the search must be reasonable. Searching a Place: Police typically require a search warrant, a court document granting them the right to search specific locations, and any irregularities that could lead to the court discarding evidence. Warrants: Police can obtain a telewarrant for quick action, but usually need a warrant for private homes. Two exceptions are to prevent imminent injury or death or to preserve evidence. The Controlled Drugs and Substances Act allows police to search premises without a warrant. Pretrial Release: Police release arrested individuals until trial, often requiring them to sign a promise to appear, a recognizance, or a surety. If they are believed to be voluntarily present, they may be required to pay a certain sum. Bail: A temporary release of a prisoner who posts a sum of money or other security to guarantee his or her appearance in court. Usually, the crown will have to convince the Judge that the prisoner is a flight risk or risk to public safety, etc. Reverse Onus: In certain cases, a reverse onus may be necessary, shifting the burden of proof from proving the accused's innocence to proving their innocence, with exceptions including murder, indictable offenses while on bail, non-Canadian residency, and narcotics trafficking, breaching bail conditions. ( Instead of showing why the accused should be imprisoned, the defense team has to show why they should not) Writ of Habeas Corpus: The writ of habeas corpus is a historical remedy for accused individuals who have been denied bail, allowing them to appeal and force the Crown to justify their detention until trial. Types of Offences Summary Offence: Summary conviction offences are minor crimes with less severe penalties, such as a maximum fine of $2000 and imprisonment up to 6 months. They are treated quickly and simply, and can be tried in provincial court. Indictable Offence: Indictable offences carry heavier penalties and have maximum sentences ranging from 2 years in jail to life imprisonment. The trial method depends on the severity of the sentence, with most serious offences like murder or treason being tried in Superior Court. Hybrid Offences: The Crown can treat hybrid and dual procedure offences as a summary conviction or indictable, depending on the circumstances of the case, such as the seriousness of the accused actions and the harm caused.  The Criminal Trial Process The 2 Fundamental Principals of Canada’s Criminal Justice System: 1.​ An accused person is innocent until proven guilty. 2.​ Guilt must be proven beyond a reasonable doubt. Burden of Proof: In a criminal court, the crown must prove beyond a reasonable doubt that the accused is guilty of the specific crime, with peers evaluating evidence and determining the accused's guilt based on individual merits. Roles in a Criminal Trial Judge: Judges, are appointed officials, and they impartially determine guilt based on evidence and statutory laws, make admissibility decisions, inform juries, decide verdicts, and sentence accused in jury trials and ones without juries. The Prosecution: Prosecutors, also known as the Crown, are government lawyers responsible for conducting research, collecting evidence, preparing exhibits, interviewing witnesses, and presenting defense cases. Defense: A defense lawyer represents the defendant in a criminal case, upholding their rights through cross and direct examination. They aim to create doubt by encouraging the jury to question the prosecution's case and presenting alternative scenarios. Witness: Witnesses provide evidence of a crime under oath or affirmation, and failure to appear can result in contempt of court charges. Perjury, knowingly making false statements, is a serious offense with a maximum penalty of 14 years in jail. Victims: Victims have rights such as rights to information, protection, participation, restitution, and complaint. They also have the right to participate in the criminal trial by preparing and reading Victim Impact Statements, as per the Canadian Victims Bill of Rights. Court Clerk: Assists the judge by keeping a record of the trial exhibits administering oaths and announcing the beginning or end of the court session. Court Reporter: records word for word everything said during the trial. If required the reporter can produce a transcript or typed record of everything said in court. Court Security Officer: Handels accused persons who are in custody and helps maintain security in the courtroom. Sheriff: Responsible for the jury, including summoning, paying, secluding, and guardian them. Bailiff: Court official who assists the sheriff The Jury: Trial by jury is a traditional criminal justice system where twelve juries represent the community in a trial, considering evidence from prosecution and defense, and determining if the defendant is guilty beyond a reasonable doubt. Steps In A Criminal Trial 1.​ Opening Proceedings: The judge outlines the court's course of action and their role as the fact-trier, while the jury selects a foreperson to represent  them, maintain order, and read the verdict. 2.​ Arraignment and Plea: The arraignment is the formal reading of criminal charges against the defendant, followed by the plea, which is either guilty or not guilty, and then the trial proceeds. 3.​ Crown Opening Statements: The crown identifies and explains the crime committed, summarizes the evidence to be presented, and provides an overview of the case's presentation plan. 4.​ Crown Examines Witness and Defence Crosses: -​ Direct Examination: The Crown asks the witnesses they call to share their version of the crime, ensuring they are prepared with -​ the expected information. -​ Cross-Examination: The defense team challenges the Crown's witnesses, aiming to expose flaws in their case and test the accuracy of the presented evidence, leaving them uncertain. 5.​ Motion for Dismissal: The Defence seeks to dismiss charges after the Crown's first round of witnesses because the defense believes the crown has been unable to prove their case beyond a reasonable doubt, ends with the judge potentially issuing a direct verdict if they agree. 6.​ Defence Opening Statement: The statement summarizes the case and suggests alternative scenarios, similar to the Crown opening statement for the other side. 7.​ Defence Examines Witness and Crown Crosses: Opposite of when crown calls witnesses. 8.​ Crown Rebuttal and Defence Surrebuttal: This allows both parties to challenge or reject any evidence presented by either party. 9.​ Closing Arguments: The closing arguments are presented by both sides, with the first person to present depending on whether the Defence has called witnesses or presented evidence. The Crown tries to reiterate their case, while the Defence argues for reasonable doubt. 10.​ Charge to the Jury: The judge guides the jury on the application of the law, interpreting evidence, and presenting a verdict. They decide on legal matters and admissible evidence, while the jury decides on factual matters and believable evidence, ensuring a thorough trial approach. 11.​Jury Deliberation and Verdict: If there is reasonable doubt, the jury must acquit, and if the verdict isn't unanimous, it's called a hung jury, which is  rare. If this happens, the case is dismissed and a new jury is chosen. Plea Bargains: An offender pleads guilty to a lesser charge in exchange for a reduced sentence, ensuring the prosecutor refrains from taking a specific course of action. Overall Purpose of Sentencing: Prevent future crime through effective rehabilitation, restoration and reintegration. Four Purposes of Sentencing: 1.​ Restitution ( Pay for damages) 2.​ Retribution (Punishment) 3.​ Rehabilitation ( Never do it again) 4.​ Deterrent ( added punishment) Aggravating Factors: Factors that are taken into consideration when sentencing that might make the sentence more severe. (ex. Previous convictions, no remorse, premeditation, use of a weapon) Mitigating Factors: Factors that are taken into consideration when sentencing that might help to diminish the sentence. (ex. First offence, difficult upbringing, has shown remorse, young age) Joint Submission: The Crown and Defence jointly submit a sentence to the judge, presenting key evidence and recommending sentencing. After reviewing submissions, the judge decides on an appropriate sentence, which can be overturned on appeal. Probation: Probation conditions can be given for sentences under two years, requiring the offender to maintain peace, appear in court, and keep the court informed of their living and working conditions. Breaching probation can result in re-sentence and up to two years in prison. Intermittent Imprisonment: When you serve your sentence of less than 90 days in prison not all at once. Concurrent Imprisonment: Happening at the same time ( ex. Someone who commits first degree murder twice would have one sentence of 25 years) Consecutive Imprisonment: Happening one after the other (ex. The same person if sentenced consecutively would have 50 years instead of 25) Legal Defences Burden of Proof: The crown must prove beyond a reasonable doubt that the accused is guilty of the specific crime that they have been charged with. Types of Defences: ​ Justification: Defences related to the act or action committed. ​ Excuse: Defences that those accused of a crime give when they claim that they had no intention of committing a crime. ​ Special Defences: Special defenses in law are arguments like self-defense or insanity that excuse or justify a defendant's actions Mental State: The Criminal Code defines mental disorders as a "disease of the mind" that prevents individuals from being held criminally responsible if they cannot form the mens rea of the offense, and presumes non-disorder is proven contrary on the balance of probabilities. To Argue Mental State you need to meet one of these two requirements: 1.​ Mental disorder left the accused incapable of appreciating the nature and quality of the act 2.​ Mental disorder left the accused incapable of knowing that the act or omission was wrong  ★​If the court finds the accused not criminally responsible, the judge may make an order or refer the case to a provincially appointed Criminal Code Review Board, with three options: absolute discharge, conditional discharge, or psychiatric hospital term. Battered Wife Syndrome: The SCC argues that battered woman syndrome is not a defense in itself, but rather a psychiatric explanation of an abused woman's state of mind, which can justify self-defense, but not violence against the abuser. Mistake of Fact or Mistake of Law: A mistake of law occurs when someone knows the law but applies it incorrectly, such as buying a stolen bike without realizing it's stolen and being arrested for it. Intoxication: Intoxication does not excuse a criminal act if the accused has the requisite intent, and the law acknowledges mild, advanced, and extreme intoxication. Intoxication, the condition of being overpowered by alcohol or drugs, is not a defense to a crime. A person who gets drunk and commits a crime is still responsible for their actions. However, intoxication may be a defense for crimes of specific intent, where the person commits a wrongful act for the purpose of accomplishing another. Automatism: Automatism is a state of impaired consciousness where an individual engages in involuntary behavior, despite being capable of action, without being conscious of their actions, resulting in unconscious involuntary actions. Two Types of Automatism: ​ Insane automatism: caused by mental disorder ​ Non-insane automatism: caused by an external factor – such as concussion, medication, or shock Provocation: Provocation is a partial defense for first or second degree murder, reducing the charge to manslaughter, as it causes a reasonable person to lose self-control. Necessity: Sometimes, a person has no other choice but to commit a criminal offense due to lack of other options. They may have a legal excuse for their actions, but are not morally blameworthy due to their involuntary actions. They can use the defence of necessity or duress, which provides a legal excuse for their actions. Conditions for Necessity: 1) There must be imminent danger 2) No other options available 3) The damage done must be less than the damage that was perceived Duress: Duress, necessity, and coercion are excuse-based defenses arising from external threats, such as life threats or coercion, where individuals are forced to break the law or are coerced into it. Entrapment: Entrapment is a legal defense against a crime committed by police, which is illegal and cannot be induced by harassment, bribery, or lawbreaking, and the burden lies with the accused. Self Defence: Self-defense is the right to respond to force or threats of force to stop an attacker or victim, as the attacker or victim is the "author of their own deserts." It is a form of justification, not excuses. Self-defense allows individuals to defend themselves against imminent threats without legal consequences. However, it must meet certain criteria for validity. An immediate danger or perceived threat must warrant force use, the force must be necessary to neutralize the threat, and the defendant must have no reasonable opportunity to retreat before using force, unless defending their home or workplace. Defence of Property: A person is not guilty of an offense if they believe they are in peaceable possession of property or are acting under their authority or lawfully assisting someone in doing so, including using force to protect their property from damage or theft. Reasonability: For the legal defences, a degree of reasonability is involved. Alibi: Evidence that supports the claim that a person (usually the accused) was not present when the offence took place, rendering his/ her involvement impossible. Youth Criminal Justice Act ​ The Youth Criminal Justice Act is the law that governs Canada’s youth justice system. ​ It applies to youth who are 12 to 17 years, who are alleged to have committed criminal offences. ​ Canada's youth justice system has transitioned from a punitive (JDA) to a restorative (YCJA) approach since 2003. Significant changes were made in 2012 to address violent and repeat offenders, aiming to prevent future criminal behavior. ​ Society must address young people's developmental needs, address youth crime causes, uphold their special rights, focus on meaningful consequences, rehabilitation, and reintegration in the youth justice system, and reduce reliance on punitive measures like jail. ​ The YCJA emphasizes the use of extrajudicial measures, which are responses to less serious youth crime outside the court process, allowing early intervention, community engagement in rehabilitation, and allowing courts to focus on more serious cases. Civil Law Review - Brooklyn What is Civil Law? Civil law in Canada governs private disputes between individuals, organizations, or government entities. It contrasts with criminal law, which deals with offenses against society. Only the victim can take action. Quebec is different from the rest. What is the purpose of Civil Law? To resolve disputes and provide compensation to the injured party (usually financial). Parties involved in a Civil Law dispute: -​ Litigants - All parties are called litigants and the process is called litigation. -​ Sides - Plaintiff (Making the case or suing) vs. Defendant (being sued or defending themself, they’re the problem being addressed) Civil Courts: -​ Small Claims court - also known as “the people’s court”. judge only, no lawyers, small issues such as failure to pay rent and minor accidents. -​ Provincial Supreme court - Lawyers, Judge or Judge and Jury (6 people), includes serious motor vehicle accidents, division of property after divorce, etc. -​ Federal Court of Canada - Civil cases involving the federal government and its employees, disputes over income tax, patents, etc. -​ Supreme Court of Canada - Only hears appeals that are of national importance in which the law must be interpreted. Judicial Decisions - Instead of proving beyond a reasonable doubt, now must prove the case on a balance of probabilities. Plaintiff proves that the events took place in the way they claim. Defendant will then try to show their version of what happened. Judge/jury then determines which side is more credible/believable. Contract Law - a form of private law that focuses on agreements between parties. Types: -​ Unilateral Contracts - involve two parties where BOTH parties are making a promise to one another. (ex. Buying and selling a car) -​ Bilateral Contracts - only involve one party making a promise to another, without an exchange of another promise. (ex. Providing a reward for a lost dog) -​ Oral and Written Contracts - Details of contract are said verbally, or written down, to ensure that both parties are aware of the details of the contract. -​ Implied Contracts - Contracts without words, but the contract is implied based on the actions or norms consistent with that type of contract. (ex. Ordering food so you pay after you eat) Elements: -​ Intention to Contract - A clear intention for parties to have entered into the contractual relationship. -​ Offer - details the parameters of the contract and acts like an invitation for acceptance. -​ Acceptance - is a clear indication or signal that one party has agreed to the offer. -​ Consideration - When something of value is given/received by either party. Capacity to Contract - is someone's mental ability to understand legal terms and parameters of a contract. In some ways, those who do not have the capacity to enter into a contract are protected by the court. -​ Minors - Contract made by a minor with an adult is binding on the adult and not the minor. Even when the person becomes an adult it is not binding on them if it was made when they were a minor.  -​ Mental Capacity - Mental illness or intellectual disability could lead to court ruling someone lacks the mental capacity to understand a contract. Also the option of temporary lack of mental capacity due to intoxication. Tort Law - has the objective to hold people liable for injury/damage they cause to people/property. Compensates people who have been injured or suffered a loss due to the wrongdoings of others. Types: -​ Intentional Torts - are the most serious as they are deliberate acts against other people. Ex. Battery, Sexual or Workplace Harassment, Trespassing, and Defamation. Can often be prosecuted through both civil and criminal courts. -​ Torts of Negligence - are when people are injured as a result of the careless/negligent acts of others. Assumes that everyone must live according to a certain reasonable standard. Ex. Poorly maintained property, and bar owners allowing patrons to become overly intoxicated. -​ Strict Liability - is when behaviour is so reckless or dangerous that compensation is awarded to a victim without needing to prove the defendant’s fault. Relatively rare. Ex. Injury due to a large fire, and maintaining extremely dangerous animals and one escapes. Defenses Accepted - Self defence, defence of property, had victim’s consent, necessity, etc. Options for Defendant: -​ Defence or reply - Defendant can write a doc outlining their reasons for disagreeing with the claim being made against them. -​ Payment into court - Could be money in q that is held by court until a resolution is reached. -​ Counterclaim - Defendant could make a counterclaim against the plaintiff -​ Third party claim - Involves a third party who defendant feels is partly responsible -​ Default judgement - If the defendant does not respond, the judgement will be against them. -​ Out of Court settlement - Try to settle disputes before trial. -​ Pre-Trial conference - Final chance for dispute resolution before trial. Damages/Remedies: -​ General Damage: -​ Cannot be calculated easily: require judge discretion -​ Monetizing things like loss of income or enjoyment of life -​ Special Damages: -​ Compensate for out of pocket expenses already spent before trial -​ due to injuries suffered, work lost, etc. -​ Punitive Damage:  -​ Additional damages awarded to punish the defendant for their behaviour -​ Aggravated Damages: -​ Awarded to compensate plaintiff for defendant’s outrageous behaviour -​ Nominal Damages: -​ When a judge awards a small sum to indicate support for a plaintiff -​ This is just meant to acknowledge winning a moral victory -​ Costs: -​ Fees paid to the court Alternative Measures: -​ Negotiation: informal and voluntary resolution process. Involves a third party. -​ Mediation: Partially formal resolution process appointing a neutral third party to help reach a mutual solution. -​ Arbitration: Formal process where parties in disputes select a neutral third party with specific knowledge in order to reach an agreement. Employment Law - attempts to balance the rights of business owners and workers and regulates the non unionized workplace. Labour law regulates the unionized workplace. Workplace safety: major part of employment law. When a work environment is unsafe, employees have the right to refuse unsafe work without penalty. Standards: Most of this is handled at the provincial level but there are also labour standards that are set by the federal government. Family Law - A shared responsibility between the federal, provincial and territorial governments in Canada. Related issues to law: Marriage and Common Law Relationships, Separation and Divorce, Child Custody, Child Protection, Adoption, Division on Property, and Spousal Support. Marriage - is the union of two parties through a ceremony led by someone with the legal authority to marry. Must be 16 years old or older in order to legally marry in Canada. Individuals between 16 and 18 may only marry with a judge's written consent or other specific circumstances. Common law - is when two partners have been living together for at least one year in a romantic partnership or marriage-like relationship. No formal or legal requirement to end this. Often treated like a legally married couple by the law except in cases of property division and inheritance. Rules/requirements of Marriage: -​ Both parties must have the mental and legal capacity to marry. -​ Age: 16-18 with consent -​ Family lineage: Illegal to marry a partner that is closely related (mother, sibling, etc.) -​ Consent: People cannot be forced to marry, must give true consent. -​ No Prior Marriages: In Canada all previous marriages must be dissolved for a new one  -​ Marriage Licenses: Must be acquired within the provinces or territories where the marriage is taking place. Annulment - is a legal document that declares that two partners were never legally married, or that the marriage was not legal in the first place. Serves to show that in the eyes of the law the marriage is void or null. Separation - To live apart from one another as a married couple. A step between marriage and divorce. Two partners who are married may choose to separate at any point in their marriage. Grounds for a divorce. No such thing as “legal separation” in Canada, divorce is required. Divorce - When a court legally ends a marriage between two partners. The Divorce Act outlines many of the legal parameters in regards to things such as child support, spousal support, parenting plans, contact orders, etc. Child custody - arrangements and decisions are based on “the best interests of the child” and these cases tend to focus on child support, decision making, living arrangements, and child’s needs. If a child spends more than half their time with one parent, said parent is issued child support to offset the costs. -​ Access to Children: reasonable access (flexible), specified access (precise times), and supervised access (visitation under supervision) depending on parental conduct.