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Law 12 > Law 12 Exam > Flashcards

Law 12 Exam Flashcards

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1
Q

What is the Code of Hammurabi?

A
  • Anyone who commits robbery should be put to death
  • 3500 years ago
  • First code
  • Based on retribution (revenge, eye for an eye)
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2
Q

What is Mosaic Law?

A
  • 10 commandments
  • Laws given to Moses to guide the Hebrew people
  • Introduced restitution (paying someone back, compensation)
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3
Q

What does each part of a criminal case citation mean?

A

R. - the crown
v. - in court/versus
Proper Name - accused

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4
Q

What does each part of a civil citation mean?

A

First Proper Name - plaintiff
v. - in court/versus
Second Proper Name - defendant

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5
Q

In what order does the pillar of law go?

A
  1. Charter of Rights and Freedoms
  2. Statute law/code
  3. Case law
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6
Q

What are some responsibilities of the provincial government?

A

Education, labour & trade unions, natural resources, provincial courts.

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7
Q

What are some responsibilities of the federal government?

A

Criminal code, bank act, national defence, employment insurance.

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8
Q

What are the four fundamental freedoms?

A
  1. Freedom of conscience and religion
  2. Freedom of thought, belief, opinion and expression
  3. Freedom of peaceful assembly
  4. Freedom of association
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9
Q

What is actus reus?

A

The guilty act.

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10
Q

What is mens rea?

A

The guilty mind.

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11
Q

What are the two parts you need to form a crime?

A

Mens rea and actus reus

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12
Q

What is specific intent?

A

The desire to commit one wrongful act in order to accomplish another (ex. Joe strikes Tom to take his money)

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13
Q

What is general intent?

A

The desire to commit a wrongful act with no ulterior motive (ex. Joe strike Tom because he is angry)

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14
Q

What is knowledge?

A

An awareness of certain facts that can be used to establish a mens rea (ex. using a forged check)

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15
Q

What is criminal negligence?

A

Wanton or reckless disregard for the lives and safety of others, sometimes causing serious injury or death.

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16
Q

What is strict liability?

A

Offence that does not require “mens rea” but to which the accused can offer the offence of “due diligence”. Strict liability can use the defence of due diligence, took every possible precaution to avoid committing the offence in question (e.g. environmental pollution).

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17
Q

What is absolute liability?

A

Offence that does not require “mens rea” but to which the accused can offer the offence of “due diligence”. Absolute liability offers no defence possible (e.g. driving without a license or exceeding the speed limit).

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18
Q

What does aid mean?

A

A criminal offence that involves helping a perpetrator commit a crime

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19
Q

What does abet mean?

A

The crime of encouraging the perpetrator to commit an offence.

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20
Q

What is an accessory after the fact?

A

Someone who knowingly receives, comforts, or assists a perpetrator in escaping from the police.

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21
Q

What does counsel mean?

A

A crime that involves advising, recommending, or persuading another person to commit a criminal offence.

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22
Q

What is a perpetrator?

A

The person who actually commits the crime.

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23
Q

What is the federal court system?

A

It has a trial and appeal division and the Supreme Court (highest court of appeal).

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24
Q

What do provincial Supreme Courts do?

A

The highest level of provincial criminal and civil court systems. It handles civil and criminal matters, it has a trial and appeal division, and cases are tried by a judge or a judge/jury.

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25
Q

What do provincial courts do?

A

The lowest level in the hierarchy of Canadian courts. Provincial judges, no jury, mostly summary conviction offences, preliminary hearings.

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26
Q

What does a judge do?

A

The judge is the trier of the law/fact, they deal with matters of law.

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27
Q

What does a sheriff do?

A

The role of the sheriff is courtroom management.

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28
Q

What does a prosecutor do?

A

The crown counsel (R) is the prosecutor. They represent the people.

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29
Q

What does a witness do?

A

The witness gives evidence.

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30
Q

What does the jury do?

A

The jury deals with matters of fact.

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31
Q

What does the court clerk do?

A

The court clerk deals with the evidence and assists the judge.

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32
Q

What does the defence do?

A

The defence counsel is the lawyer representing the accused.

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33
Q

What does the court reporter do?

A

The court reporter records everything said on a transcript.

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34
Q

What is challenge for cause?

A

The right of the Crown or defence to exclude someone from a jury for a particular reason. They can make an unlimited number of challenges.

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35
Q

What requirements must people meet to serve on a jury?

A

18, Canadian, resident of province for 1 year.

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36
Q

Who is disqualified from jury duty?

A

Those with hardship, judges, police, government officials.

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37
Q

What are the 3 levels of police?

A

Municipal - CBRPF
Provincial - OPD/QPD
Federal - RCMP

38
Q

What is direct evidence?

A

Testimony given by a witness to prove an alleged fact.
a. Someone who has seen the actual wrongful act
b. Direct evidence is the best evidence

39
Q

What is circumstantial evidence?

A

Indirect evidence that leads to a
reasonable inference of the defendant’s guilt
a. When there is no one to provide eyewitness testimony
b. Circumstantial evidence is generally admissible in
court unless the connection between the evidence and
the inference is too weak to help decide the case.

40
Q

What is electronic surveillance?

A

The use of any electronic device to overhear or record communications between two or more people.
a. Wiretapping and bugging are two of the most common
methods of electronic surveillance. They both require
a warrant.
i. Wiretapping is the interception of telephone communications
ii. Bugging is the recording of a speaker’s oral communication by means of an electronic device that overhears, broadcasts, or records that communication

41
Q

What is a voir dire?

A

A mini trial in which jurors are excluded while the admissibility of evidence is discussed. (trial within a trial)

42
Q

What is arrest?

A

Loss of liberty because of breaking the law.

43
Q

What is detention?

A

Loss of liberty as a witness.

44
Q

When can you search a person?

A

After an arrest has been made.

45
Q

When can you search a place?

A

With a warrant.

46
Q

What are exceptions to the rules for searching?

A

Loss of evidence, emergency, hot pursuit.

47
Q

What is a show cause hearing?

A

A bail hearing

48
Q

What is reverse onus?

A

Reverse onus is when the burden of proof shifts to the defence. One instance where this works in respect to a bail hearing is the case of R. v. Morales. In this scenario, he was alleged to be conspiring with smuggling cocaine while already awaiting trial for assault with a weapon. Therefore, he was denied bail and ordered to be detained until trial. After a few appeals, eventually ruling in favour of the court, a new bail hearing took place with the onus placed on Morales to prove why he should be granted bail.

49
Q

What is habeus corpus?

A

If an accused person who has been arrested and denied bail believes that he or she has been illegally detained, that person can file a writ of habeus corpus to appeal the court’s refusal to a higher court.

50
Q

What is a summary offence? Provide an example.

A

Not serious (harassing phone calls)

51
Q

What is a hybrid offence? Provide an example.

A

Could go either way (theft under $5000)

52
Q

What is an indictable offence? Provide an example.

A

More serious (assault with a weapon)

53
Q

What are 3 purposes for sentencing?

A

Deterrence, protect, punish

54
Q

What are 3 different types of sentences?

A

Discharges, incarceration, probation

55
Q

What are three advantages and disadvantages to plea bargaining?

A

Advantages: saves time and money, gets a conviction, family is spared the trauma of a trial

Disadvantages: no trial, not recognized by the criminal justice system, often viewed as a compromise

56
Q

What is restorative justice and how does it work with respect to the offender, the victim, and the community?

A

Restorative justice is a type of sentence that involves the perpetrator working within the community to restore the damage their actions caused. This type of punishment is often, but not exclusively, given to youth offenders aged 12-17. It allows the offenders to rebuild their self respect, accept responsibility, reconcile with the community and the victim. With respect to the offender, they get to make reparations with those they harmed, with respect to the victim, they connect with the offender and reconcile, and with respect to the community, they get peace of mind seeing this person pay back society. As long as the offender does not pose a threat to the community, these types of punishments work well. Additionally, they have opportunities to take part in several different programs/conferencing, which are used as an alternative to incarceration and help counsel the offender and sometimes the victim.

57
Q

What are two positive and two negative attributes of restorative justice?

A

Positive:
- It unites the community in the righting of the crime, allowing all involved to play a role in the justice being served.
- Eases the backlog of the court system and keeps these less dangerous offenders away from the influence of serious criminals.

Negative:
- The community believes they are getting off easy.
- Can only be used in certain less-serious crimes, making it only applicable in specific situations.

58
Q

What is negotiation?

A

An informal and voluntary dispute resolution process. No third party involved. Very low cost, informal way of resolving disputes.

59
Q

What is mediation?

A

The primary ADR used as an alternative to litigation in resolving civil disputes. A mediator is a neutral third party who involves the parties in a cooperative decision making process to resolve and settle disputes.

60
Q

What is arbitration?

A

More formal ADR where the parties involved select a neutral third party who has specific technical knowledge. It is a formal method of settling disputes but it is still less formal than litigation in the courts. The parties no longer have control over their decision making.

61
Q

What are the three factors needed to prove negligence?

A

Duty of care, standard of care, and causation.

62
Q

What are general damages?

A

There’s 2 main types of general damages:

i. Pecuniary losses: financial losses such as loss of future earnings and the cost of future care

ii. Non-pecuniary loss: loss of enjoyment of life, pain and suffering, and the shortening of the victim’s life

63
Q

What are special damages?

A

Compensation for out-of-pocket expenses for which the plaintiff can produce a receipt or bill. (e.g. lost wages between accident and trial, hospitalization, after the accident, ambulance expenses, drugs, therapy, rehabilitation, car repairs)

64
Q

What is an injunction?

A

A court order restricting certain behaviours.

65
Q

What are punitive damages?

A

Also known as exemplary damages. If the accident is a result of a violent action, or the judge wants to penalize the defendant, the plaintiff may be awarded an increased amount. The intention is deterrence (e.g. false imprisonment, trespass, or vicious lies)

66
Q

What are some early codes of law?

A

Code of Harumbai, Mosaic Law, and Roman Law

67
Q

What is the notwithstanding clause?

A
  • Section 33 of the Charter of Rights and Freedoms
  • Grants Parliament/ provincial legislatures the power to override certain portions of the Charter that are exempt from s.2 (fundamental freedoms and ss.7 to 15)
  • Five year exception
68
Q

What is empaneling a jury?

A

Empaneling a jury is selecting a jury and giving them the details on the case.

69
Q

What happens when police break the law?

A

If police break the law while arresting someone (an unlawful arrest) the individual may demand to speak to a lawyer and be given the officer’s name and badge number. If someone is detained or arrested in an arbitrary or improper manner, that person may sue the police for unlawful arrest.

70
Q

What is a supboena?

A

Order to appear in court as a witness.

71
Q

What is a summons?

A

A legal document issued for an indictable offence, ordering an accused person to appear in court

72
Q

What is a warrant?

A

Permission from a judge to search an area

73
Q

What is public law?

A

Criminal law

74
Q

What is private law?

A

Civil law

75
Q

What is the standard for juries decisions?

A

Beyond a reasonable doubt, they all must agree.

76
Q

What is a civil wrong?

A

A tort

77
Q

What are civil courts?

A

Small Claims Court
Provincial Supreme Court
Court of Appeal
Federal Court of Canada
Supreme Court of Canada

78
Q

What is the purpose of civil law?

A

To get compensation for the plaintiff.

79
Q

What is a defence to a tort?

A

Due diligence

80
Q

What are defences to negligence?

A

Contributory Negligence: if both the plaintiff and the defendant are negligent to some degree, damages are apportioned between them, according to the principle of contributory negligence.

Voluntary Assumption of Risk: the defendant must prove that the plaintiff clearly knew of the possible risk of his or her actions and made a choice to assume that risk.

Inevitable Accident: Injury or loss may result from a situation that is unavoidable, no matter what precautions a reasonable person would have taken under the circumstances.

81
Q

What is plaintiff responsibility?

A

The plaintiff must prove the case on the “balance of probabilities”. This means that if you are the plaintiff, you must prove that the events took place in the way that you are claiming.

82
Q

What is occupier liability?

A

Area of law that covers the responsibility of occupiers toward persons who come on to the property and might be injured.

83
Q

Can children trespass?

A

NO.

84
Q

How must you protect trespassers or children from potential allurements?

A

They have special rights because of their age. If they are lured or attracted onto property because of some item or attraction they are considered a licensee (e.g a swimming pool or trampoline). Occupier must be able to show that all reasonable precautions have been taken to prevent any accident (fences, etc).

85
Q

What is small claims court?

A

For small amounts of money, cases are tried informally and both parties do not need a lawyer.

86
Q

What is supreme provincial court? (civil law)

A

All cases above the small claims limit go directly to the Supreme Court of the province, or to the Court of Queen’s Bench. You need lawyers in these courts. (e.g. serious auto accident, medical malpractice, injury, breach of contract, divorce, etc.)

87
Q

What is court of appeal? (civil law)

A

Hear appeals from lower courts. Heard by a panel of 3 or more judges (e.g. 2-1 decision)

88
Q

What is federal court of Canada? (civil law)

A

Deals with civil cases involving the federal government and its employees, disputes, over federal income tax, patents, copyrights, and trademarks, and maritime legal disputes.

89
Q

What is the supreme court of Canada? (civil law)

A

Hears only those cases from the Federal Court of Canada and provincial courts of appeal that are of national importance

90
Q

What is an invitee? What amount of care are they owed?

A

Would be any person on the premises for a purpose other than a social visit. Highest standard of care owed to them. Duty to use reasonable care to protect invitees from unusual dangers that the occupier knows about or ought to know about

91
Q

What is a licensee? What amount of care are they owed?

A

A person who enters the property with the implied permission of the occupier; an example is a friend invited for dinner. They are there for social, not business, reasons. Occupier is required to warn the licensee of any known concealed or unusual dangers. No liability exists for hazards unknown to the occupier. This is a lesser standard of care than that required for invitees.

92
Q

What is a trespasser? What amount of care are they owed?

A

A person who enters another person’s property without permission, or without legal right to be there. This would include anyone from a burglar to a wandering child. Occupiers cannot set traps or cause deliberate harm to trespassers. Occupiers who are aware of a trespasser must exercise a reasonable standard of care and warn of unusual dangers of which they are aware.

Law 12 (5 decks)

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