Exam Review Flashcards
Freedom of Thought, Belief, Opinion, & Expression
- Applies to any form of expression: speech, writing, art, film, dance, etc.
Limitations:
1. Expression inciting hatred
2. Obscenity
3. Slander
4. Reporting of Judicial Proceedings in Certain Courts
5 Purposed of Sentencing
- Protection of the Public
- Main goal of sentencing
- Includes protection of their person, property, + individual rights + freedoms - Retribution
- Punishing an offender to avenge a crime to satisfy the public - Deterrence
- General: Punishment to discourage ppl in general from offending
- Specific: Punishment to discourage criminals from reoffending - Restitution/Reparation
- Punishment that requires the offender to pay society back for the harm or loss suffered - Rehabilitation
- Punishment combined w/ treatment + training to help offenders function in society + become law abiding citizens
Rule of Law
The idea that in order to function smoothly and fairly, all members of a given society agree to abide by a common set of rules.
1. Law is necessary to keep peaceful order
2. Law applies to everyone equally
3. No one can have unrestricted power to limit rights unless authorized by law
Absolute Discharge VS Conditional Discharge
Absolute: Offender is found guilty, conviction is recorded + offender is free to go w/out conditions
Conditional: Offender is found guilty, no conviction is recorded + offender is free to go… BUT must meet certain expectations to avoid a criminal record
Fines
- If penalty for an offence >5 yrs, the offender may pay a monetary fine instead of prison
- Judge establishes amount
Imprisonment
- Sentence 30 days or less - local detention centre
- Sentence 30+ days, but >2 yrs - provincial prison
- Sentence 2 yrs or more - federal institution
Actus Reus
“The Guilty Act”
- Action - hitting another person
- Omission - not feeding a child
- State of Being - possession of stolen goods
Mens Rea
“The Guilty Mind”
Demonstrates that the act was intentional, knowing, negligent, reckless, or willfully blind
Types of Mens Rea
- Recklessness: Careless disregard for the possible results of an action.
- Willful Blindness: Purposely ignoring certain facts or information; “turning a blind eye.”
- Knowledge: Knowing certain facts, or simply knowing smth.
- Attempt: Intention or attempts to commit a crime failing to complete it.
- Conspiracy: An agreement between 2+ ppl to commit a crime.
Marriage Capacity
For a marriage to be legal, each person must have the mental capacity to understand the nature of the marriage.
Unmarried Status
Both individuals must be unmarried during the ceremony.
Bigamy: Marriage to 2 ppl same time - illegal
Polygamy: Marriage to 2+ ppl same time - illegal
Common Law Relationships
- Not legally married
- 18+
- Either sex
- Living together for min. 3 yrs continuously w/out long periods apart
- Proof: same address, using driver’s licence, bills, insurance policies
Common Law Marriage ASSETS
Nothing regarding division of property unless a cohabitation agreement was made.
Common Law Marriages: SPOUSAL SUPPORT
- Possible depending on other factors
- Not automatic - only given when one party us seen entitled to it
Annulment
A court order to set a marriage aside by arguing the marriage wasn’t legal in the first place
1. Missing requirement (ex. genuine consent)
2. A legal defect in the ceremony
Separation
- Doesn’t end the marriage
- Could be a ground for divorce, you must be separated for at least 1 yr
- A couple can reconcile if they can live together again for up to 90 days
Divorce
Legally ends a marriage
- Applicant: spouse initiating the divorce
- Respondent: spouse being sued for divorce
Divorce Applications Must Contain the Following
- When & where marriage occurred
- Grounds for divorce
- Division of property + assets
- Children names & ages
- Custody & Access to children
- Financial support for children
- Financial support for applicant (if necessary)
Children & Divorce: Custody & Access
Custody: Care & control awarded to 1 or both
Access:
- How much visitation the noncustodial parent is entitled to
- How much financial support they must provide
Children & Divorce: Best Interests of the Child
Guiding principle that a judge uses to make decisions regarding child custody & access
Factors in Consideration:
- Culture & religion
- Support from relative & friends
- Child’s own wishes - depending on age + maturity
- Parent-child relationships
- Abilities & conduct of each parent
Intentional Torts: Assault
- Simple threat of danger or violence
- A person may be sued if they intended to create fear in someone else
EX. John tells Hilary that he will stab her
Intentional Torts: Battery
- Intentional physical contact or harm
- A person may be sued if they directly touch someone w/out their permission
EX. John grabs Hillary after she asks him to stop
Intentional Torts: False Imprisonment
- Someone falsely confined/restrained may file a lawsuit
- May involve being held in a prison
- Physical restraint have to exist
Intentional Torts: Trespass to Land
- Entering/crossing onto another person’s land w/out permission or legal authority
- Includes throwing an object onto someone’s land or bringing an object onto their land + not removing it
- Rental situations: Landlords are prohibited to enter residences w/out permission unless emergency
Intentional Torts: Nuisance
- A person’s unreasonable use of land interferes w/ the enjoyment of adjourning land by others
- May be intentional or unintentional
Defences Against Trespass Lawsuits
- Consent: Defendant had consent to physically touch someone or enter their land
- Self-Defence, Defence of Others, and/or Property: Defendant’s force was reasonable, necessary, + not excessive
- Legal Authority: Used force against ppl or entering onto their property (search warrant)
- Necessity: Emergencies (going for help) or reclaiming their belongings
Unintentional Torts: Negligence
- Action is not intentional
- Action is not planned
- Some type of injury is created
Unintentional Torts: Duty of Care
- A specific legal obligation to not harm others or their property
- In a negligence lawsuit, the plaintiff must demonstrate the defendant owed them a duty of care
Unintentional Torts: The Reasonable Person
- An ordinary person w/out any disabilities
- Does not exist, it’s thought to be a careful + considerate individual
Unintentional Torts: Forseeability
A person’s ability to anticipate the specific result of an action.
Unintentional Torts: Caution
Defendant was in breach + defendant’s actions directly led to the plaintiff’s injuries or loss
Unintentional Torts: Burden of Proof
- Plaintiff is responsible for proving negligence occurred
- Defendants don’t have to prove anything, though many decide to present evidence
- Proof is determined using the balance of probabilities
- If a plaintiff successfully meets the burden of proof, it means the court believes the plaintiff’s version over the defendant’s
Defences to Negligence
Contributing Negligence
- Alleged victim created at least part of the harm they end up suffering
- Used in motor vehicle accidents lawsuits
Voluntary Assumption of Risk
- Knowingly accepting factors that may cause injury EX. contact sports, stunts
Inevitable Accident
- Although an accident occurred, it’s not anyone’s fault
Freedoms in the Charter
- Freedom of Conscience & Religion
- Freedom of Thought, Belief, Opinion, & Expression
- Freedom of Peaceful Assembly
- Freedom of Association
