Introduction To Law Flashcards

1
Q

What is the definition of law?

A

A written custom established by a formally recognized governing body with authority and there are sanctions against non-compliance.

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2
Q

1 Rule of Law

A

No one is above the law!

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3
Q

3 sources of law

A

Statutes and bylaws

Common law

Constitution

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4
Q

Statutes and bylaws: statutory law

Federal legislation

A

Statutes and regulations passed by the federal government (parliament) that apply across the country.

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5
Q

Statutes and bylaws: statutory law

Provincial legislation

A

Statutes and regulations passed by a provincial legislature that apply within the province.

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6
Q

Statutes and bylaws: statutory law

Municipal legislation

A

Bylaws passed by a minimal government that apply within the municipality.

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7
Q

Common or case law

A

Judge made law

Developed through time, by judges following legal procedures

Subject to change over time.

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8
Q

Constitutional law

A

Supreme law of the land: gives all rights to citizens.

All other laws must be consistent with the constitution or they have no force and effect.

The constitution regulates powers of government bodies.

Gives duties to peace officers to uphold.

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9
Q

4 types of law

A

Public

Private

Criminal

Civil.

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10
Q

Public law

A

Offences against society.

The crown versus the individual or corporation.

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11
Q

Private law

A

Law that regulate the relationship between individuals or groups.

Civil matters, estates, wills, contracts.

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12
Q

Criminal law

A

Deals only with criminal or quasi-criminal (regulatory) offences.

The primary goal of criminal law is maintaining a just, peaceful and safe society.

Example: 
The police (state) charging someone with murder.
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13
Q

Civil law

A

Compensation for someone’s perceived wrong doings.

Found liable or not liable.

Example:
McDonald’s was sued for coffee being too hot.

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14
Q

Burden of proof

A

Civil case - on the balance of probabilities, more likely than not.

Criminal case - beyond reasonable doubt, to a moral certainty.

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15
Q

Organization of the Courts

A

Supreme Court of Canada

Alberta court of appeal

Alberta court of queen’s bench

Provincial court of Alberta.

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16
Q

3 Types of offences.

A

Summary or “summarily”

Indictable or “by indictment”

Hybrid or “dual procedure”

17
Q

Summary offences

A

Less serious

Maximum 6 months imprisonment and/or $5000 fine (unless otherwise specified)

Trial in provincial court

6 months statute of limitations

18
Q

Indictable offences

A

More serious

Maximum sentences are specified (up to life imprisonment)

Accused elects to be tried by provincial court judge, queen’s bench judges or queen’s bench judge with jury (s. 536 C.C.C.)

19
Q

Hybrid offences

A

Most offences fall under this category.

Crown elects how to proceed in particular case.

If crown elects to proceed summarily, then summary procedures apply; if crown elects to proceed by indictment, then indictable procedures apply.