11th Grade Law Exam Review Notes PDF

Fall Semester 2024-Mr. Ragonetti 11th Grade Law ___ Notes Exam Review Doc The Rule of Law- The Rule of Law was created through the magna carta in 1215. Two main rules come from the rule of law. 1.​ No man is above the law. 2.​ Everyone has equality under the law. The importance of...

Fall Semester 2024-Mr. Ragonetti 11th Grade Law ___ Notes Exam Review Doc The Rule of Law- The Rule of Law was created through the magna carta in 1215. Two main rules come from the rule of law. 1.​ No man is above the law. 2.​ Everyone has equality under the law. The importance of the Rule of Law is that it ensures everyone is treated fairly under the law, without any relation to bias or prejudice. Function of Law 1.​ Establish Rules of Conduct. 2.​ Provide a system of enforcement. 3.​ Protect rights and freedoms. 4.​ Protect Society. 5.​ Resolve Disputes. Restitution Payment made by the offender to the victim of a crime. ○​ Civil law is based on the following legal concepts… ​ a) Retribution: law based on vengeance and punishment for wrongs against a person ​ b) Restitution: payment made by an offender to the victim of a crime  ○​ MOSAIC LAW: ​ Laws that were set out in the Book of Exodus in the Old Testament ​ Ten Commandments…laws based on the will of God ​ Similar to the Code of Hammurabi, however Mosaic Law provide more protection for the poor ​ Based on RESTITUTION payment made by the offender to the victim of a crime ​ Emphasis on respect towards parents ​ The evolution of the Code of Hammurabi, more focus on punishing those who commit deliberate acts ​ Care for the poor is evident, landowners were commanded to leave some land to the poor workers Habeas Corpus Established through Rule of Law. “You must have the body” Meaning that arrested or detained people must be presented to a judge to determine the validity of the arrest, unlawfully arrested people must be released, detained individuals entitled to a court appearance in a reasonable time frame. Non-elected Canadian law makers Senate. Government appointed decision makers. 1982 Constitution The 1982 constitution included the charter of rights and freedoms. Reasonable Limits The Charter guarantees our rights and freedoms, freedoms are not absolute but are subjected to “reasonable limits” If a province passes a law that limits charter rights, it must show that the limits imposed are justified in a free democratic society Criteria for limits in S1 of the Charter were tested in the R.v Oakes case of 1986 This profound ruling established the Oakes test that is still used today to determine if charter rights have been violated. Provincial Human Rights ​ All provinces have enacted a human rights code ​ These codes are amended periodically and are subject to the Charter of Rights and freedoms ​ Meaning human rights codes will be stricken down if they violate the charter ○​ Ex..Ontario Court of Appeal struck down S.19 (2) of the OHRC which permitted athletic organizations to deny membership based on gender The court found that this clause violated equality rights under s. 15 (1) of the Charter ​ Provincial government have appointed commissions to administer human rights codes ​ Most complaints get settled during the early stages of negotiation, but 47% must go beyond boards of inquiry or tribunals ​ Don't need a lawyer to file Human rights complaint ​ All complaints are confidential ​ Compliant - The person making the allegation and file a complaint form ​ The accused must prove their case. ​ To establish PRIMA FACIE (a legally convincing case) complaint must prove ○​ Person was qualified for the job ○​ Person was not hired ○​ Someone no better than the complainant subsequently obtained that position The universal declaration of Human Rights are non-binding ○​ PROVINCIAL HUMAN RIGHTS CODE: ​ All provinces have enacted a human rights code, these codes are amended periodically and are subject to the charter of rights and freedom…meaning human right codes will be stricken down if they violate the Charter ​ EG…Ontario Court of Appeal struck down S.19 (2) of the OHRC which permitted athletic organisations to deny membership based on gender ​ the court found that this clause violated equality rights under s. 15 (1) of the Charter ○​ Meeting Special Needs: ​ Provincial human right codes prohibit discrimination based on disability ​ Employers MUST accommodate employers with psychological, emotional, or physical disabilities (includes people struggling with addiction) ​ Any limit to these accommodation fall on the Undue hardship clause  ​ All Canadian have the right to access goods and services Notwithstanding Clause ○​ THE NOTWITHSTANDING CLAUSE: ​ Section 33 of the Charter of Rights and Freedoms ​ Grants provinces and the federal government limited power to pass laws that are exempt from s. 2 (fundamental freedoms) and s. 7-15 (legal and equity rights) ​ This exemption only lasts 5 years, at that time the government MUST make a renewed declaration ​ When the government invokes the notwithstanding clause to pass legislation that violates one of the protected rights, they MUST identify the law and the section of the Charter that is being overridden ○​ Examples of the Notwithstanding Clause: ​ 1988: Ford v. Attorney General of Quebec (1988) ​ The Supreme Court ruled that Quebec’s Bill 101 (all public signs be in French only) was invalid because it infringed s. 2 (b) of CRF – freedom of expression ​ In response, the Quebec government then introduced another bill, Bill C178, which invoked the notwithstanding clause to allow “French Only” signs to stand ​ The notwithstanding clause puts ultimate power in elected officials Types of Objections ​ Both the Crown and Defence can object to: ○​ Questions posed by opposing attorneys. ○​ Answers provided by witnesses. ​ After an objection: ○​ The questioning lawyer may briefly explain why the evidence should be admissible. ○​ The judge decides whether the evidence is admissible or inadmissible. ○​ If inadmissible, the jury is instructed to disregard the evidence. You can object to…  -​ Leading questions -​ Hearsay statements -​ Opinion Statements -​ Immaterial or Irrelevant Question -​ Non-responsive answers -​ Badgering the Witness Types of evidence The types of evidence include… 1.​ Direct Evidence -​ Testimony given by a witness to prove an alleged fact. -​ Eyewitness account of a crime is the strongest example of direct evidence. -​ The only option for the defence is to attack the credibility or physical capabilities of the witness (eyesight, hearing) -​ Any physical evidence, DNA etc. 2.​ Circumstantial Evidence -​ Offences can be proven with circumstantial evidence if there is limited eyewitness testimony -​ This is indirect evidence that leads to reasonable inference of guilty -​ This evidence is generally admissible in court… unless the connection between evidence and inference is too weak. 3.​ Character Evidence -​ Establishes the likelihood that the defendant is the type of person who would or would not commit a crime -​ The Crown is not allowed to attack the defendant character -​ The defence can introduce evidence of the defendant's good character, the Crown is allowed to rebut by introducing contradictory evidence -​ If defence brings in witnesses to prove character, Crown can bring their own witnesses -​ The Crown can introduce evidence of defendant’s past convictions (credibility) 4.​ Electronic Surveillance  -​ The use of electronic devices to overhear or record communications between people (wiretapping, bugging) -​ This is all admissible evidence if the electronic interception was pre-authorized by a judge or a justice of the peace (warrant) 5.​ Polygraph test -​ “Lie detector”- tests physical signs that deception on the part of the person being tested (changes in pulse, respiration, and blood pressure) -​ Less than 100% accurate, therefore not admissible in court, an investigation tool -​ The Crown can introduce anything said during the exam as evidence, but not the results. 6.​ Voire Dire -​ A minitrial that takes place during a trial (while moving through jurors ) to establish the key issues preventing the proceedings from going forward (admissibility of evidence, or whether the defendant's confession is given voluntarily. -​ Questions whether evidence should or should not be admissible -​ May need witness testimony during Voire dire 7.​ Physical Evidence -​ Includes fingerprints, DNA, Blood, Shoe prints, etc. -​ ALL are under direct evidence. Aggravating Circumstances Duty to Accommodate The Supreme Court has ruled that an employer has has a legal duty to accommodate…eliminate or adjust requirements or conditions to enable a person to carry-out these essential duties of an activity or job However, the employer would NOT expect to endure UNDUE HARDSHIP, changes that result in economic strain or substantial health and safety risk, trying to provide the accommodation. Types of Murder Perpetrator The person who actually commits the crime If there is more than one person, then they are referred to as co-perpetrators Person must be present at the scene Bruder of Proof ❖​ The burden of proof in the Canadian legal system is on the Crown ​ Burden of proof: the obligation to prove the guilt of the accused. Must be beyond a reasonable doubt. ❖​ Serious charges (murder) or if the accused commits a crime while on bail, accused must now convince the court that they should not remain in custody ​ Called reverse onus, burden of proof in the hands of defense. ❖​ In any civil action the burden of proof is with the plaintiff ​ This is called proving the case on the balance of possibilities...the standard of proof is more probable than not Assumption of Risk A.​ Voluntary Assumption of Risk: a.​ Assume that the individuals understand the risk involved in various activities (skydiving, bungee jumping) b.​ With this defence, the defendant must prove that the plaintiff clearly knew the risk involved in their actions and choose to assume some risk​ i.​ IE. getting in a car with a drunk driver. c.​ Waiver- a signed document that releases a party from liability in the event of an accident or injury i.​ This limits a person's right to sue for personal injury (waivers are not always enforceable) ii.​ The defender must show the plaintiff made a free decision to sign the waiver and was aware of what was being signed. Intentional Torts ​ Intentional torts: deliberate cause of harm or loss to another by assault and battery ○​ Eg. false imprisonments (unlawful physical restraint or detention) and nuisance (an unreasonable use of land that interferes with the rights of others) are examples of intentional tort. Marriage Requirement ○​ Each province enacted a Marriage Act and have made more formal requirements for the solemnization of marriage ○​ This includes… ​ Issuing marriage licence or marriage banns ​ Performing a marriage ceremony ​ Establishing the age requirement ​ Registering the marriage ○​ a) Marriage Licence or Banns: must get a marriage licence or have a marriage bann (the announcement of marriage read in a couple’s church)…licences purchase at municipal city halls (take 3 months to 1 year) ○​ b) Performing the Marriage Ceremony: done by a clergy person or a justice of the peace ​ consummate to the Marriage: validate a marriage by having sex ​ Marriage MUST be witnessed by two other people ○​ c) Age Requirement: provinces changed minimum age requirement to 18 years of age …under the age of 16 – need parent’s consent, or by court order when there is a pregnancy ○​ d) Register the Marriage: Governments will issue a marriage certificate after the marriage are registered (different than a marriage licence – needed before ceremony) Labour Law Violation Supervised custody order ​ Access: ​ Access rights can be extended to grandparents ○​ Access orders include… ○​ reasonable access: non-custodial parent’s right to regular visits  ○​ defined access: schedule that outlines visitation ○​ supervised access: visitation between child and non-custodial parent supervised by a third party ○​ Courts can then issue (3) orders: ​ Supervision Orders: Allows children to remain in parent custody under the supervision of Children's Aid Society ​ Society (Temporary) Wardship: Allows legal guardianship of a child to be transferred to child’s protection agency (temporary 12 months)...can also be placed in a foster home – parents will be allowed limited visitation...at the end of 12 months the child can be returned to parents or become Crown’s Wards ​ Crown (permanent) Wardship: Child becomes a permanent ward of the Children’s Aid Society...parents lose all legal rights Driving Liability Liability for passengers: drivers are responsible (liable) for passenger’s safety…when passengers know the driver is impaired or has dangerous driving habits, the passengers have voluntarily assumed risk The defendant MUST prove that the plaintiff understood and willingly accepted the risk– if successful the plaintiff will receive reduced damages SEATBELTS and NEGLIGENCE: drivers MUST care for all passengers under 16 years of age SCC (1994) ruled that all drivers owe a duty of care to child passengers Failure to wear seatbelts is used by insurance companies to reduce damage payments (failure to act reasonable) Caveat Emptor ○​ If purchasing goods, then Caveat Emptor applies ○​ A Latin phrase meaning “buyer beware” ○​ The seller is not legally obligated to disclose negative facts that may stop the purchaser from buying ○​ Must accept the consequences of their actions Police Search ○​ ​Searching a Home ​ Police can only enter a home with a search warrant. Obtaining a Warrant ​ Police MUST swear before a justice of the peace that: ○​ An offence has been committed. ○​ There are reasonable grounds to believe evidence exists on the property. ​ If information comes from an informant: ○​ The officer MUST prove the informant is reliable. Using the Search Warrant ​ Police can only use the warrant on the posted date of the warrant. ​ Only items listed on the warrant can be searched, unless other illegal items are found. ​ Seized items can be held for 3 months, or longer if they are needed as evidence at trial. Search Laws and Rules ​ Police can demand to enter a property once they have a search warrant. ○​ If refused entry or no one is home, police can break into the property. ​ People can ask for a copy of the warrant. ○​ If there are errors, entry can be refused. ​ People can be searched immediately if believed to have drugs on them. ​ Law enforcement needs a warrant to conduct electronic surveillance (e.g., videotaping, tracking devices). Remote Warrant Requests  ​ A court-ordered warrant can be issued by phone, fax, or email to search a place. ​ Created for remote areas of Canada. ​ Allows warrants to be obtained quickly. Exceptions to Search Laws ​ Police can search non-private residences without a warrant if there are reasonable grounds to believe drugs are present. ○​ Anyone inside these premises can also be searched. ○​ Typically occurs when there is no time to obtain a warrant. ​ Police can search non-private residences without a warrant when they have reasonable and probable grounds to believe weapons are present. Property Crimes ​ Property crimes make up ⅔ of offences in the CCC. ​ There are five major property crimes:​ a) Arson​ b) Fraud​ c) Possession of Stolen Goods​ d) Break and Enter​ e) Various Types of Fraud Arson ​ Definition: S. 433 CCC – acts of intentionally causing damage to a home by fire or explosion. ​ Penalties: ○​ No danger to life: Maximum penalty is 14 years in prison. ○​ Dangerous or reckless acts threatening the safety of others: Maximum penalty is life in prison. Theft  ​ Definition: Most common property offence; in 2006, over 50% of all property crimes. ​ Involves taking someone’s property without consent or damaging it so severely that it becomes unusable. ​ Elements of Theft: ○​ Act must be fraudulent (cannot accidentally steal). ○​ The person taking the item has no legal right to it. ○​ The accused must have the intent to deprive the owner of the item and convert it to their own use. Break and Enter ​ Definition: Burglary – opening something by force or entering a place where one has no right to be. ​ Relevant Sections: S. 321/350 of CCC deal with various crimes of burglary (break and enter). Identity Theft ​ Definition: Stealing someone else’s identity to commit a crime – considered the "crime of the 21st century." ​ Forms of Consumer Crime in North America:​ a) Mail Theft: Thieves access personal information via stolen mail.​ b) Theft from Personal Space: Targets places such as home offices, wallets, or purses.​ c) Misuse of Data from Business Transactions: Use of "skimmers" to read credit card data.​ d) Phishing, Spoofing, and Pretexting: Techniques to obtain personal information fraudulently. ​ Government as a Target: ○​ Identity theft can also affect governments, often to support terrorist organizations (e.g., ransom attacks like the Hamilton hack). Possession of Stolen Goods  ​ Definition: S. 354 of CCC – it is an offence to possess stolen property while knowing it is stolen. ​ Penalties: ○​ Goods worth more than $5000: Maximum penalty of 10 years in prison (treated as an indictable offence). ○​ Goods worth less than $5000: ​ Indictable offence: Maximum penalty of 2 years in prison. ​ Summary offence: Maximum penalty of 6 months in jail and a $2000 fine. Fraud ​ Definition: S. 380 of CCC – intentional deceit causing loss of property. ​ Requirements: The Crown must prove the accused knew their actions could cause a loss of property. ​ Examples: ○​ Making a false statement to obtain a credit card loan. ○​ Writing a check without sufficient funds to cash it. ​ Penalties: ○​ Fraud exceeding $5000 (indictable): Maximum penalty of 14 years in prison. ○​ Fraud less than $5000: ​ Indictable: Maximum penalty of 2 years in prison. ​ Summary: Maximum penalty of 6 months in prison and a $2000 fine. Actus Reus ○​ Actus Reus: is the action that causes… ​ a) Harm/loss to a person of a group of people ​ b) Damage to property  ○​ Actus Reus is the guilty action, the voluntary action, omission, or state of being that is forbidden by the criminal code ○​ In some cases, failure to do something is a wrongful act called an omission…EG – a parent that fails to feed a child ○​ Criminal Code contains offences for which the actus reus is a state of being…being in possession of stolen goods ○​ Must be voluntary (not forced or sleepwalking) Statute of Limitations ○​ There is NO STATUTE OF LIMITATIONS (time limit) with indictable offences. ○​ Statute of limitations is a time limit, within which people must be convicted of a crime, if time passes, no longer convictable. Vicarious Liability ○​ Definition: In certain relationships, a person is held responsible for another's tort. Examples ​ Car Lending: ○​ If a person lends their car to someone who causes an accident, the owner may be held liable. ○​ The driver has a duty of care to only lend their car to competent drivers. Employer Liability ​ Employers can be held liable for torts committed by employees during work hours. ​ Reasons: ○​ Employers typically have liability insurance to compensate victims for losses, whereas employees do not. ○​ Society believes companies should be responsible for their employees’ actions. Parent Liability ​ Parents can also be held vicariously liable for their child’s torts. Alternative dispute resolution ADR- The reality for most Canadian civil courts is that there are significant case backlogs ○​ A normal civil case can take months or even years before it can be heard on the court ​ The courts have supported the idea of ADR or Alternative Dispute Resolution, this is a process of resolving disputes without the use of civil court ​ ADR is ○​ Less expensive than traditional litigation ○​ It is much faster than traditional litigation ○​ It may produce a better or fairer result than traditional litigation ○​ It often results in a win-win situation that benefits both parties ADR STEP ONE- ​ Negotiation ○​ Informal and voluntary dispute resolution process ○​ The hope is to reach a mutually accepted decision for civil action. There is no third party ​ Mediation ○​ A non-binding process.Binding if a settlement is reached. ○​ The parties appoint a third party mediator to settle their dispute ○​ This is becoming the fastest growing form of ADR ○​ In 1999, Ontario introduced mandatory ADR for certain types of civil actions ○​ The Mediator does not impose a solution to the civil action it establishes a process to settle the dispute ○​ The mediator will ask each party to prepare a written statement that outlines the version of the dispute  ○​ The cost of mediation is shared equally between the two parties. Agreement is written in a legal (binding) contract ○​ If still no settlement, then the parties can go to the final stage of ADR. ​ Arbitration ○​ A neutral third party is selected by the involved parties (litigants), similar to the role of a judge (more formal than mediation less costly than litigation) ○​ This is the last chance to settle the dispute outside of court. The appointed arbitrator will selected a winner and a loser to the civil action ○​ Parties have no control over their decision. The arbitrator hears the arguments of the parties and rescue statements regarding the key issues. ○​ Evidence can be presented- a witness can be cross examined. ○​ The final decision is binding. This form of dispute resolution is often used in sports contract negotiation ​ More than one plaintiff ○​ Called a class action when there are multiple plaintiffs Jurisdiction of Marriage ○​ Provincial Family Law ​ This branch of civil law deals with relationships among family members… the government does NOT interfere with family affairs. Families are required to: ​ Pay taxes. ​ Register births, marriages, and deaths. ​ Feed and clothe children. ​ Educate their children and protect them from harm. ​ Be law-abiding citizens. Provincial and Federal statutes  ​ Provincial and Federal statutes are the primary source for Canadian Family Law. Constitution Act (BNA Act 1867) ​ Divided the power of making marriage laws between provinces and federal government: ○​ S. 91 (26): Federal jurisdiction over marriage and divorce. ○​ S. 92 (12): Provincial government has jurisdiction over the solemnization of marriage (the procedures required for a legal marriage). ○​ S. 92 (13): Provinces have the right to pass laws on property rights and property divisions. Common Law ○​ Common law (lowest in hierarchy of law) ​ Common law or case law: ​ Common Law is a legal system created in Britain during the 11th century ​ It is currently practised throughout Canada, except for Quebec ​ Called Common Law because the laws are common and applied to all ​ Common Law is based on the legal concept of Stare Decisis “to stand by the decision” ​ Relies on the rule of precedent – former decisions in similar cases are to be strictly followed ​ In Common Law judges can distinguish a case…rejecting a former precedent and create a new one ​ Early application of Common Law was more effective once travelling circuit judges in England began recording their decisions ​ According to the principles of Common Law, judges play a significant role in the development of laws Specific Intent ○​ Specific intent: commits a wrongful act for the sake of accomplishing another  ○​ General intent offences are easier to prove ​ EG…easier to convict someone of manslaughter rather than murder (manslaughter – general intent, murder – specific intent) Oakes test ○​ This profound ruling established the Oakes Test that is still used today to determine whether charter rights have been violated Oakes test- This test involves four steps: 1.​ Pressing and Substantial Objective: The objective of the law is to prevent violence and vandalism during protests by enabling police to identify offenders. This is a legitimate aim, as it seeks to protect public safety and property. 2.​ Rational Connection: There is a rational connection if banning masks can indeed prevent violent behavior by making it harder for people to conceal their identities and act anonymously in illegal activities. 3.​ Minimal Impairment: This part is challenging. To satisfy "minimal impairment," the law must impair Charter rights as little as possible. However, banning all masks, even for people who might have legitimate reasons (e.g., fear of reprisals, symbolic protest), may be considered overbroad. The law does allow for lawful excuses, such as religious or medical reasons, but there may be other valid, non-criminal reasons for covering one’s face, which this law doesn’t fully account for. 4.​ Proportionality Between Effects and Objectives: The effects of the law (potential chilling effect on peaceful protests) need to be balanced against the benefits of preventing violence. If peaceful protesters are inadvertently caught up due to being in an “unlawful assembly,” it could disproportionately restrict their freedom to assemble. Voir Dire ○​ A mini trial that takes place during a trial. It questions whether or not evidence should be admissible and there may be witness testimony required. Jurors leave the room as this takes place Stare Decisis 1.​ Explain Stare Decisis (Rule of Precedent) a.​ Stare Decisis meaning to stand by the decision is based on precedent. Essentially, it refers to common or case law. It means that the ruling in a past case can be used as precedent for a current case. This is why judges are seen as “law makers”  of sorts because their decision sets a precedent for later cases. But you can also “distinguish a case” meaning a judge will reject a former ruling and create a new precedent. Intentional Torts ​ Intentional torts: deliberate cause of harm or loss to another by assault and battery ○​ Eg. false imprisonments (unlawful physical restraint or detention) and nuisance (an unreasonable use of land that interferes with the rights of others) are examples of intentional tort. Bona Fide Occupational Requirements Bona Fide Occupational Requirement A necessary skill or license to perform a job, ex. A drivers license. If you can prove some requirement is not essential, it may be “waived” in a sense. “But For” test ★​ Courts must establish how direct the connection was between the action and the injury “BUT FOR” test...if an accident would NOT have happened BUT FOR the defendant’s negligence ★​ 2007 the SCC confirmed that the “BUT FOR” test remain as the principal rule for determining causation in negligence cases Napoleonic Code ​ After the French Revolution, Napoleon commissioned a new code of laws called the “Napoleonic Code” also known as French Civil Code (1804) ​ This new code spread through MUCH of Europe ​ The non-technical format made the code accessible to the public ​ The code regulated civil matters such as... ○​ property ○​ wills ○​ contracts ○​ family law Closed Custody Facility ○​ Most secure form of detention under constant guard  ○​ Dangerous offenders likely to escape and likely to reoffend General Intent 1.​ General Intent- a.​ Commits a wrongful act for its own sake, with no ulterior motive or purpose Duty Council -​ If there is not a defence lawyer, the accused can speak to the duty council and ask for an adjournment (postponement of court business) -​ Duty Council…on duty at a police station, lawyer hired through a legal aid service…provide free legal advice to a person being charged or interrogated, can help them apply for bail, advice on plea, or seek an adjournment (postponement) Provocation -​ A defense to murder. Must show that the accused causes another's death in the heat of passion caused by sudden provocation ( an act or insult that causes one to lose control). Killing must have taken place during the loss of self control. -​ Intoxication is another defence to murder. Getting drunk or being high can affect a person's ability to predict the consequences of their actions, Short Answer Unit One- Legal Heritage ➔​ Magna Carta- Importance and legacy in Canadian Legal System ➔​ Differences between Canadian and US legal systems Unit Two- Rights and Freedoms ➔​ Legal Discrimination by Employers ➔​ Charter Section Analysis Unit Four- Criminal Law ➔​ Courtroom Objections ➔​ Different types of evidence Unit Four