Intro To Law Flashcards
What is the definition of law?
A written custom establishment by a formally recognized governing body with authority and there are sanctions against non-compliance.
What is the #1 rule of law?
NO ONE IS ABOVE THE LAW
Name 3 sources of law
Constitution
Common Law
Statutes & Bylaws
What is common law?
Judge made law, case precedent law
4 types of Law?
Public (government vs individual)
Private (regulates relationship between individuals or groups)
Criminal (deals with regulatory offences aimed at maintaining a just, peaceful and safe society)
Civil Law (determines liability and provides compensation for someone’s perceived wrong doing)
Describe Burden of Proof
Criminal is beyond a reasonable doubt; civil is balance of probabilities 51%
Describe the Organization of Courts?
Supreme Court of Canada
Court of Appeals
Criminal court of Jurisdiction (QB)
Provincial Court
Name the types of offences
Indictable
Summary
Hybrid
Describe the Limitation Period
Summary conviction (6 months) Indictable (indefinite)
What is the maximum punishment for a summary offence?
6 months incarceration and / or 5000$ fine unless otherwise specified
Describe crown election?
Crown elects either indictable or summary of the charge is hybrid
Describe accused election?
The accused elects location / mode of trial on indictable offence
Where is a decision from Alberta Provincial court binding?
Alberta Provincial Court
What type of Offense is a Provincial Statute Offense?
Summary Conviction
