327 - M5 - Criminal Law and the Court System

Question 1

Explain the following traits of law:
1. prospective, not retroactive
2. stable
3. clear rules in the creation of law
4. law enforcement being exercised in accordance with law

Answer 1

1. preventing crime as the priority
2. not constantly changing
3. self-explanatory
4. justice processes should be bound to the law

Question 2

Explain how the law must have guaranteed independence of the judiciary

Answer 2

the powers that make law have to be different than the ones that are bound to it and use it on a daily basis.

Question 3

Explain what natural justice is, and how it can be observed under law.

Answer 3

natural justice = fairness of the law
- includes topics such as disclosure, being heard, impartial decision makers, clear reasoning of decisions

Question 4

Explain judicial review int he context of law creation.

Answer 4

the ability of law to be scrutinized by judges and experts for their consistency to the charter and the constitution

Question 5

Explain the accessibility of courts to the public.

Answer 5

Accessibility to be able to use the court system in their pursuit of justice

Question 6

what are the two types of general law? What makes them different?

Answer 6

public law: state vs. individuals
private law: individual vs. individual

Question 7

3 types fo public law include

Answer 7

constitutional, administrative law, criminal law

Question 8

constitutional law

also, what kind of law is it ?

Answer 8

a form of **public **law

concerns the individual’s relationships between branches of government, the hierarchy of government, charter rights

Question 9

Administrative law

also, what kind of law is it ?

Answer 9

a form of public law

the individual’s relationships with the operations and responsibilities of the government

Question 10

is criminal law public law or private law? Why?

Answer 10

public law, because it is a harm unto society as a whole, which is represented by the government e.g. R v. [defendant] in criminal cases.

Question 11

four types of private law includes:

Answer 11

contract, torts, family, property

Question 12

contract law

also, what kind of law is it ?

Answer 12

a form of private law

concerns agreements between two individuals

Question 13

tort law

also, what kind of law is it ?

Answer 13

a form of private law

concerns wrongful acts/injuries that can lead to harm

Question 14

what kinds of harm are considered under tort law?

Answer 14

• physical
• emotional
• financial

Question 15

family law

also, what kind of law is it ?

Answer 15

a form of private law

• includes divorce, custody, inheritance

Question 16

property law

also, what kind of law is it ?

Answer 16

a form of private law

includes moveable objects (e.g. laptop, cellphones, cars), real property (e.g. land, buildings), andintellectual property (e,g. manuscripts, inventions and patents

Question 17

explain the difference between substantive and procedural criminal law

Answer 17

substantive: prescribes punishment for offences and what defines offences
procedural: processes

Question 18

three types of crime:

Answer 18

1. summary
2. indictable
3. hybrid

Question 19

summary crimes

Answer 19

less serious, worst punishment being 2 years minus 1 day or a $5000 fine

Question 20

indictable crime

Answer 20

very serious crime, 2+ years incarceration

Question 21

mixed/hybrid crime

Answer 21

AKA dual offences

the treatment of teh case is up to the discretion of the crown. EITHER as summary or hybrid offence