Criminal and civil law- exam review.pdf

Criminal and Civil Law - Exam Review Assault victims: Definition: Individuals who have experienced physical or verbal harm. Example: A person assaulted in a bar fight seeking legal remedies beyond criminal court, such as a civil lawsuit for damages. Limitations of a sales contract: Definition: Rest...

Criminal and Civil Law - Exam Review Assault victims: Definition: Individuals who have experienced physical or verbal harm. Example: A person assaulted in a bar fight seeking legal remedies beyond criminal court, such as a civil lawsuit for damages. Limitations of a sales contract: Definition: Restrictions or conditions that affect the enforceability or scope of a sales contract. Example: The limitations on warranty coverage specified in a car sales contract. False statements in a sales contract: Definition: Untruthful information provided in a contract for the sale of goods. Example: Misrepresenting the condition of a used item in a sales contract. Valid sentencing: Definition: Legal and appropriate punishment imposed by a court. Example: A judge handing down a prison sentence for a convicted criminal. Conditional sentences: Definition: Sentences served under specific conditions, often with probationary elements. Example: House arrest as a condition of a conditional sentence for a non-violent offender. Long-term or dangerous offenders: Definition: Individuals with a history of serious offenses or deemed high-risk. Example: Someone convicted of multiple violent crimes may be labeled a long-term offender. National Offender Sex Registry: Definition: Database tracking sex offenders for public safety. Example: Accessing the registry to check if a new neighbor has a history of sexual offenses. Juries: Definition: A group of individuals selected to hear and decide on a legal case. Example: A jury deliberating on the guilt of a defendant in a criminal trial. Probation: Definition: A sentence allowing an individual to serve their time in the community under supervision. Example: A person convicted of a first-time offense may be given probation instead of jail time. Sentencing (a judge thing): Definition: The judicial process of determining punishment for a convicted individual. Example: A judge deciding whether to impose fines, probation, or imprisonment based on the severity of the crime. How sentences can be served: Definition: Different ways individuals can fulfill their court-ordered sentences. Example: Completing community service hours as an alternative to incarceration. Occupiers Liability: Definition: Legal responsibility for injuries that occur on one's property. Example: A store owner being liable for a customer slipping on a wet floor. Different types of misrepresentation in a contract: Definition: False statements that induce someone to enter into a contract. Example: A seller falsely claiming a product has features it doesn't possess. A person's legal capacity: Definition: The mental and legal ability to make decisions and enter into contracts. Example: A minor may lack the legal capacity to enter into certain contracts. Contributory negligence: Definition: When a plaintiff's own actions contribute to their injury. Example: A pedestrian jaywalking and getting hit by a speeding car, leading to shared responsibility. Different terms of a separation agreement: Definition: Conditions and arrangements agreed upon by parties separating or divorcing. Example: Specifying child custody, visitation rights, and financial support in a separation agreement. Employers' rights in termination: Definition: The legal prerogatives employers have when terminating an employee. Example: An employer dismissing an employee for consistent violations of company policies. What would constitute/make a marriage invalid: Definition: Factors that render a marriage legally void or voidable. Example: A marriage being invalid due to one party being already married. Spouses' rights in an annulled marriage: Definition: Legal entitlements of individuals in a marriage that is annulled. Example: Division of property and spousal support in the aftermath of an annulled marriage. Aggravating factors: Definition: Circumstances that increase the severity of a crime and its punishment. Example: Committing a robbery with the use of a deadly weapon as an aggravating factor. Different discharges in court: Definition: Various legal outcomes after a criminal charge, such as absolute discharge or conditional discharge. Example: Receiving an absolute discharge for a first-time non-violent offense. Factors of reducing a sentence: Definition: Elements considered by the court when mitigating a sentence. Example: Showing remorse or entering a guilty plea early in the legal process. Province's actions if you refuse to sell your land: Definition: Legal measures a province can take when faced with a landowner unwilling to sell. Example: Initiating expropriation proceedings to acquire the land for public use. How someone can legally possess property: Definition: The legal means by which individuals acquire and own property. Example: Purchasing a home through a lawful real estate transaction. Escheat: Definition: Legal process by which unclaimed property reverts to the state. Example: Inheritance property with no legal heirs might undergo escheat to the government. Difference between copyright, trademark, and patent law: Definition: Distinctions in legal protection for creative works, brand names, and inventions. Example: Copyright protecting a book, trademark safeguarding a brand logo, and a patent securing a novel invention. How the criminal code looks after some property interests: Definition: Provisions in the criminal code addressing property-related offenses and their consequences. Example: Criminal charges for theft or vandalism impacting property interests. Easement: Definition: Legal right to use another person's land for a specific purpose. Example: A right-of-way easement allowing neighbors to access their properties through a shared driveway. Expropriation: Definition: Government's legal authority to take private property for public use Example: The construction of a new highway requiring the expropriation of private land. Law regarding overtime: Definition: Legal regulations governing the payment and conditions of overtime work. Example: Ensuring employees receive time-and-a-half pay for hours worked beyond the standard workweek. Mandatory retirement age in Ontario: Definition: Legally mandated age at which employees must retire. Example: In Ontario, understanding the age at which employers can enforce mandatory retirement. Tort: Definition: Civil wrong that causes harm, leading to legal liability. Example: Filing a lawsuit for personal injury resulting from someone else's negligence. Support with people living common law: Definition: Legal provisions for financial support in common-law relationships. Example: Seeking spousal support after the dissolution of a long-term common-law partnership. Titles to real property: Definition: Legal documents proving ownership of real estate. Example: A deed serving as a title document for a purchased home. Bertuzzi case: Definition: Legal case involving NHL player Todd Bertuzzi and an on-ice assault. Example: Analyzing the legal implications and consequences of the Bertuzzi case in sports law. Strict liability: Definition: Legal doctrine holding individuals liable for harm caused, regardless of intent or fault. Example: Manufacturers being strictly liable for defective products causing harm to consumers. Different parts of what the citing mean: Definition: Understanding the components of legal citations in scholarly writing. Example: Recognizing the author, title, and publication details in a legal citation. Bill: Definition: Proposed law presented for debate in a legislative body. Example: Tracking the progress of a bill through the stages of parliamentary approval. Regulations: Definition: Rules and directives issued by government agencies to implement laws. Example: Occupational health and safety regulations setting standards for workplace conditions. Procedural and substantive law: Definition: Procedural law outlines legal processes, while substantive law defines rights and obligations. Example: Procedural law governing courtroom procedures, and substantive law determining the elements of a crime. Jurisdiction: Definition: Legal authority of a court to hear and decide a case. Example: Determining which court has jurisdiction over a case involving parties from different states. Canada's constitution: Definition: Fundamental laws and principles defining the structure of the Canadian government. Example: The Canadian Charter of Rights and Freedoms, a crucial part of Canada's constitution. Religious laws in Canada: Definition: The interaction and accommodation of religious laws within the Canadian legal system. Example: Resolving conflicts between religious practices and Canadian laws through legal interpretation. Life cycle of a law: Definition: Stages a legislative proposal goes through, from introduction to enforcement. Example: Analyzing the introduction, debate, and eventual enforcement of a new traffic safety law. Preamble of a statute: Definition: Introductory statement explaining the purpose and intent of a law. Example: The preamble of a human rights statute emphasizing the commitment to equality and justice. Fault under a Charter breach: Definition: Determining responsibility for violations of constitutional rights under the Charter of Rights and Freedoms. Example: Assessing whether law enforcement or a government agency is at fault for an unlawful search and seizure. Rights of prison inmates: Definition: Legal entitlements and protections afforded to individuals incarcerated in prison. Example: Inmates having the right to medical care and protection from cruel and unusual punishment. Who creates criminal offenses: Definition: The authority responsible for establishing and defining criminal offenses. Example: Legislative bodies passing laws that criminalize specific actions or behaviors. What makes a search reasonable: Definition: Criteria used to determine the lawfulness of a search under the Fourth Amendment. Example: A search conducted with a valid warrant or based on probable cause is generally considered reasonable. Quasi-criminal offenses: Definition: Offenses that are not strictly criminal but still subject to legal penalties. Example: Regulatory violations, such as environmental infractions, treated as quasi-criminal offenses. What makes a search valid: Definition: Conditions that must be met for a search to be legally acceptable. Example: Conducting a search with the informed consent of the individual involved. What makes searches reasonable: Definition: Factors contributing to the lawfulness and justification of a search. Example: Law enforcement conducting a search based on reasonable suspicion of criminal activity. Parts of offense provisions: Definition: Components of legal statutes that define criminal offenses. Example: Elements such as actus reus and mens rea in the offense provisions of a criminal law. Mental defenses in a case: Definition: Arguments based on the mental state of the accused to mitigate criminal liability. Example: Asserting insanity as a defense in a murder trial. Disclosure: Definition: The process of sharing evidence between the prosecution and defense in a legal case. Example: Providing the defense with relevant documents and information to ensure a fair trial. Right to retain and instruct legal counsel: Definition: The legal entitlement of individuals to have representation by an attorney. Example: A suspect exercising their right to consult with a lawyer before answering police questions. Detention: Definition: The act of holding someone in custody or confinement. Example: A person being detained by law enforcement for questioning during an investigation. Delays in a legal system: Definition: Prolonged periods between legal actions or court proceedings. Example: Case backlog causing significant delays in the resolution of legal matters. Plain view doctrine: Definition: Legal principle allowing the seizure of evidence visible to law enforcement without a warrant. Example: Police discovering illegal substances in plain view during a routine traffic stop.