Law Exam Study Notes PDF

Legal Foundations Functions of the Law Purpose of Law: To regulate society, ensure fairness, resolve disputes, maintain public order, protect individual freedoms, and deliver justice. Laws vs. Rules: ○ Laws: Formal, legally binding rules established by governments and...

Legal Foundations Functions of the Law Purpose of Law: To regulate society, ensure fairness, resolve disputes, maintain public order, protect individual freedoms, and deliver justice. Laws vs. Rules: ○ Laws: Formal, legally binding rules established by governments and enforced through courts. ○ Rules: Informal guidelines set by individuals, groups, or organizations that don't carry legal consequences outside that specific group (e.g., school rules). Types of Law 1. Constitutional Law: Governs the relationship between various levels of government and protects fundamental rights (Canadian Charter of Rights and Freedoms). 2. Administrative Law: Regulates the actions of government agencies and officials, ensuring they stay within their legal authority. 3. Criminal Law: Deals with actions deemed harmful to society (e.g., murder, theft) and prescribes punishment. 4. Tort Law: Involves civil wrongs (e.g., negligence, defamation) and compensation for harm. 5. Labour Law: Governs the relationship between employers and employees, including unions, working conditions, and employment rights. 6. Family Law: Covers relationships between family members, including marriage, divorce, child custody, and support. 7. Contract Law: Governs legally binding agreements between parties (e.g., business contracts, leases). 8. Property Law: Concerned with the ownership and use of property, both real and personal. 9. Environmental Law: Regulates activities that impact the environment, such as pollution control, conservation, and resource management. Public vs. Private Law Public Law: Deals with the relationship between the individual and the government (e.g., criminal law, constitutional law, administrative law). Private Law: Governs disputes between private individuals or organizations (e.g., torts, contract law, family law). Court System Structure 1. Lower Courts: Deal with minor criminal offenses and civil disputes (e.g., small claims court).  2. Superior Courts: Handle serious criminal cases and significant civil disputes. 3. Appeal Courts: Review decisions from lower courts and interpret the law. 4. Supreme Court of Canada: The highest court in the country, which interprets the Constitution and makes final decisions on important legal matters. History/Origins of Law Hammurabi Code: One of the earliest legal systems, introduced in Mesopotamia, focused on justice and fairness. Mosaic Law: Based on the Ten Commandments and formed the basis of Jewish law. Roman Law: Influenced the modern legal systems, especially in the areas of property and contract law. Greek Law: Introduced democracy, citizenship rights, and trial by jury. Trial by Fire/Water/Combat: Ancient methods used to determine guilt or innocence through trials of physical endurance or combat. Rule of Precedent (Stare Decisis) Courts rely on past decisions (precedents) to guide decisions in similar future cases, ensuring consistency and fairness. Human Rights Canada’s Constitution British North America Act (1867): Created Canada as a self-governing dominion under the British Empire. Constitution Act (1982): The Canadian Constitution was brought under Canadian control and included the Canadian Charter of Rights and Freedoms. Making a Law/How a Bill Becomes a Law Bill Process: A bill is proposed in Parliament, debated, amended, and voted on. Once approved by both Houses, it is signed by the Governor General and becomes law. Division of Powers Between Levels of Government Federal Government: Has authority over national matters like defense, immigration, and criminal law. Provincial Governments: Handle areas like education, healthcare, and property law. Municipal Governments: Deal with local issues such as zoning, policing, and waste management. Influences on Human Rights in Canada  Magna Carta: A historic English document that influenced the development of constitutional law and human rights. American Bill of Rights: Provided a model for protecting individual rights in a democratic system. French Declaration of the Rights of Man & Citizen: Focused on individual liberty and equality, influencing global human rights thought. Universal Declaration of Human Rights (UDHR): Adopted by the United Nations in 1948, establishing a global standard for human rights. Canadian Charter of Rights and Freedoms Section 1 - Reasonable Limits Clause: Rights can be limited by law if the limit is justified in a free and democratic society. Section 2 - Fundamental Freedoms: Includes freedom of thought, belief, expression, peaceful assembly, and association. Sections 3-6 - Democratic and Mobility Rights: Right to vote, run for office, and move freely within Canada. (gotta be a citizen tho) Sections 7-14 - Legal Rights: Rights to life, liberty, security, fair trials, and protection from arbitrary detention. Section 15 - Equality Rights: Protection against discrimination based on race, religion, sex, etc. Sections 16-22 - Language Rights: Right to use either English or French in federal courts and institutions. Section 25 - Aboriginal Rights: Acknowledges the protection of Indigenous rights and traditions. Section 33 - Notwithstanding Clause: Allows governments (provinces or territotries) to pass laws that override certain Charter rights, but must be reviewed every 5 years. Oakes Case and Test Oakes Test: A legal test to determine whether a law that limits Charter rights is justified under Section 1 (Reasonable Limits Clause). It considers: 1. Pressing and substantial objective. 2. Proportionality: The limitation must not be overly broad. Ontario Human Rights Code Protects against discrimination in employment, housing, and services, and ensures equal opportunities in Ontario. Criminal Law General  Criminal vs. Civil Law: ○ Criminal law deals with offenses against the state and society, while civil law involves disputes between private parties. ○ Criminal Law: Requires proof beyond a reasonable doubt to convict. ○ Civil Law: Deals with claims for damages or remedies (e.g., tort cases). Types of Criminal Offenses Indictable Offenses: Serious crimes like murder, theft over $5,000, and sexual assault. Summary Offenses: Minor offenses like petty theft or public intoxication. Hybrid Offenses: Crimes that can be prosecuted as either indictable or summary offenses, depending on circumstances. Key Legal Terms Actus Reus: The physical act or conduct of committing a crime (e.g., hitting someone in an assault). Mens Rea: The mental state or intent behind committing a crime (e.g., intentional, reckless). Parties to Offenses: ○ Aiding: Helping another commit a crime. ○ Abetting: Encouraging or assisting in the commission of a crime. ○ Accessory After the Fact: Helping someone after the crime has been committed. Courtroom Players & Layout Judge: Oversees the trial, makes rulings on legal matters, and ensures fairness. Prosecutor: Represents the state and attempts to prove the defendant’s guilt. Defence Attorney: Defends the accused and challenges the prosecution's case. Jury: Decides the verdict in jury trials. Criminal Procedures Arrest: The act of detaining someone suspected of committing a crime. Search Warrants: Legal authorization for police to search a specific location. Jury Selection: Process of choosing individuals from the public to serve on a jury. Criminal Defenses Self-Defense: The use of reasonable force to protect oneself or others. Mental Disorder: Claiming the defendant was not mentally capable of understanding the crime. Entrapment: When law enforcement induces someone to commit a crime they otherwise wouldn't. Sentencing Purposes: To punish, rehabilitate, deter, and ensure justice. Pre-Sentence Reports: Written reports on the offender’s background to aid sentencing. Diversion Programs: Alternative measures to jail for first-time or minor offenders (e.g., community service). Sentencing is only done by the Judge Youth Justice System Focuses on rehabilitation rather than punishment for those under 18, providing special treatment to address the youth’s potential for reform. Prison System & Release Parole: Early release from prison with conditions. Statutory Release: Automatic release after serving two-thirds of a sentence. Civil Law Family Law Marriage and Divorce: Laws governing the formation and dissolution of marriages, division of property, and spousal support. Child Custody and Support: Rules concerning the care and financial support of children after separation. Tort Law Negligence: Failure to take reasonable care to avoid causing injury or loss to others. Defamation: False statements that damage a person’s reputation (libel or slander). Nuisance: Interfering with someone's use of their property (e.g., noise pollution). Contract Law Elements of a Contract: 1. Offer: One party presents terms. 2. Acceptance: The other party agrees. 3. Consideration: Something of value is exchanged. 4. Intention: Both parties intend to create a legally binding agreement. Labour Law Employment Standards: Minimum wages, working hours, and conditions.  Unions: Organizations that negotiate on behalf of workers to secure better terms. Important Terms to Remember Mens Rea: Intent or knowledge of committing a crime. Actus Reus: Physical conduct or act in the commission of a crime. Bail: Temporary release from custody while awaiting trial. Habeas Corpus: The right to be brought before a court if detained.