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Law exam > DEFINITIONS + LEGISLATIONS > Flashcards

DEFINITIONS + LEGISLATIONS Flashcards

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1
Q

What is the Canadian Charter of Rights and Freedoms ?

A

Enacted in 1982
Entrenched into constitutional law
Guarantees rights and freedoms to everyone in Canada

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2
Q

What is the Canadian Bill of Rights ?

A
  • Enacted in 1960
  • Provided legal rights ex: speech, religion, equality before the law
  • Limited, did not have constitutional status
    Laid groundwork for charter of rights
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3
Q

What is positive law?

A

Human made - what the government decides is right for their population
- There are no standards that these laws must conform to in order to be valid
- These laws were developed in a period of violence, fear, confusion, which affected the way people viewed the purpose and origin of the law

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4
Q

What is Natural Law ?

A
  • Unchanging moral principles regarded as a basis for all human conduct.
  • Based on the fact or notion that a God created the universe according to eternal and unchangeable laws
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5
Q

What are security certificates?

A

A legal tool in Canadian immigration law that allows the govt. To detain and deport non-citizens deemed to pose a threat to national security without revealing sensitive evidence used against them.

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6
Q

What is section 1 of the charter?

A

Reasonable limit clause

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7
Q

What is section 2 of the charter? (a,b,c,d)

A

a) freedom of religion
b) freedom of expression
c) freedom of assembly
d) freedom of association

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8
Q

What is section 3 of the charter?

A

Democratic rights

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9
Q

What is section 7 of the charter?

A

Life, liberty, and security of the person.

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10
Q

What is section 8 of the charter?

A

Search and seizure.

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11
Q

What is section 9 of the charter?

A

Arbitrary detention.

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12
Q

What is section 10 of the charter? (a,b,c)

A

a) right to be informed of reasons for arrest
b) right to counsel
c) habeas corpus (“to have your body” , to confirm whether your detention is lawful)

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13
Q

What is section 11 of the charter? (b, d)

A

b) To go to trial within a reasonable time
d) Presumption of innocence

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14
Q

What is section 12 of the charter>

A

Cruel and unusual punishments

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15
Q

What is section 15 of the charter?

A

Equality rights

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16
Q

What is section 24b of the charter?

A

Exclusion of evidence

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17
Q

What is section 33 of the charter?

A

Notwithstanding clause

18
Q

Define Undue Hardship

A

The point beyond which employers are not expected to accommodate.
(Present in Thwaites v. Canada)

19
Q

Define bona fide job qualification

A

A requirement that every individual performing a specific job must meet, because the requirement is essential to the effective & safe performance of the job.

20
Q

What is the Criminologist School of Thought?

A

Humans act as morally independent beings, arriving at decisions by the way of rational thought.
This theory perceives crime as a rational calculated activity, it ignores factors beyond individual choice, poverty, or mental disorder.

21
Q

What is the positivist school of thought?

A

Uses science over philosophy to study crime and its causes. This theory believes that biological factors undermine criminal activity and criminals require treatment over punishment.

22
Q

What is the consensus theory in the sociological school of thought?

A

Assumes an understanding of right and wrong

23
Q

What is the conflict theory in the sociological school of thought?

A

Morality is defined by social groupings, and their struggle for power. It argues that social cohesion or lack of identification with conventional values, encourage crime.

24
Q

What is the social contract theory?

A

Argues that weak social bonds with family, friends, community and religion, can encourage criminal behaviour.

25
Q

What is the interactionist theory?

A

Association with other criminals is the factor that contributes the most towards and individual’s criminal behaviour. Assumes individuals are vulnerable if they lack good social roles.

26
Q

What is Actus Reus?

A

Constitutes a wrongful action, the physical act of the crime
If the action was involuntary, the Actus reus can be removed.

27
Q

What is Mens Rea?

A

Constitutes the mental component of the crime, it is the mind’s ability to form the intent to commit a crime.

28
Q

What is the Wolfenden Report?

A

To review the role of the British criminal law in relation to homosexual conduct and prostitution. Concluded that it is not the function of the law to intervene in the private lives of citizens. The report recommended that homosexual behavior between consenting adults should no longer be criminal in England.

29
Q

What are aggravating circumstances and examples?

A

Factors that increase the severity of the crime and sentence.
- Existence of previous conviction
- Excessive cruelty towards the victim
- Vulnerability of the victim, age of infirmity

30
Q

What are mitigating circumstances?

A

Factors that decrease seriousness of the crime.
- Absence of previous convictions.
- Evidence of physical/mental impairment of the offender
- Offender was young or elderly

31
Q

Who may the police search?

A
  • Anyone placed under arrest
  • Anyone reasonably believed to be carrying a weapon in violation of the law
  • Any property, with the exception of a house which is under the control of the suspect.
32
Q

What must a warrant include?

A
  • Name of jurisdiction
  • Name of officer
  • Description or property/residence to be searched
  • Address of residence
  • List of items police are searching fore
  • Name of criminal offence/charges
  • Time and date during which the search is to take place
33
Q

What is extradition?

A

The act of making someone return for trial to another country, where they have been accused of doing something illegal.

34
Q

What is the principle Non Bis In Idem

A

“not twice in the same”
If the fugitive has already been prosecuted, sentenced and released, extradition could be refused

35
Q

What is ratio decidendi?

A

The point in a case that determines the judgement

36
Q

What is Pacta Sunt Servanda?

A

“agreements must be kept”
each state’s obligation to keep international promise undertaken through treaties

37
Q

What is Sovreignty?

A

The right of a state to rule itself

38
Q

What is Stare Decisis

A

Courts and judges should honor “precedent” – or the decisions, rulings, and opinions from prior cases.

39
Q

What is a bilateral treaty?

A

An agreement between 2 nations

40
Q

What is a multilateral treaty?

A

An agreement that concerns 2 or more nations

41
Q

What is a law making treaty?

A

Treaties that contain provisions that have universal application to nation states.

42
Q

What is diplomatic immunity?

A

Protects foreign diplomatic representatives from civil and criminal proceedings.

Law exam (3 decks)

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