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Law Flashcards

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1
Q

Limitation period

A

deadline to bring forward a court notice or claim

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2
Q

Limitation period deadlines

A

family law: 2 years from divorce or 6 from seperation

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3
Q

Public law

A

law between individuals and states

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4
Q

Administrative law

A

governs bureaucrats and governemnt officials

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5
Q

Tribunals

A

quasi-court processes

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6
Q

Tribunals are made up of

A

individuals with specialized knowledge, mostly lawyers and judges

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7
Q

Natural justice / due process

A

right to be heard, right to a fair hearing, right to appear before an unbiased judge

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8
Q

Court actions against a tribunal decision

A

quash, prohibit, or award damages

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9
Q

Agreement of purchase and sale components

A

document of any sale of property

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10
Q

Joint tenants

A

both parties own 100% of the property

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11
Q

Tenants in common

A

ownership is split any % between parties

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12
Q

Requisition date

A

deadline for buyers to declare any issues they have with the property

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13
Q

Root of title

A

how the owners of the property obtained that property

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14
Q

Planning act

A

the owner has to get government approval if they only want to sell part of the house

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15
Q

Chattles

A

selling things inside or around the house like decorations and furniture (tool rule)

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16
Q

HST

A

taxes on buying property, unless it is used residential property

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17
Q

Capital Gains tax

A

taxes on the profit the owner makes from selling a property, unless it was their primary residence for at least 1 year

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18
Q

Actus reus

A

action of committing a crime

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19
Q

Mens rea

A

mental intent to do the crime (subjective and objective)

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20
Q

Subjective mens rea

A

personal connection to the crime (ex. murder of a spouse, or sexual assault of a coworker)

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21
Q

Objective mens rea

A

failing to meet the standard of care of a reasonable person

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22
Q

Principle

A

the one who commits the crime

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23
Q

Aider

A

one who assists in committing the crime

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24
Q

Counsellor

A

the one who plans the crime

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25
Q

Abettor

A

the one who instigates the crime

26
Q

Accessory after the fact

A

helping someone after the commit a crime

27
Q

3 categories of offences

A

summary, indictable, and hybrid

28
Q

Summary offences

A

less than 2 years sentence, must be charged within 12 months of the crime

29
Q

Indictable offences

A

18 months and longer sentence, no time limit to be charged

30
Q

Canadian Constitution

A

rules for lawmakers, limits the government use of power, includes the Charter of Rights and Freedoms

31
Q

R v AM (Charter)

A

(dog sniffing case)
- Section 8: reasonable search and seizure
- police search a high school without a warrant upon request of the schools principle
- drug-sniffing dog find weed in a student’s backpack
- Supreme Court ruled there was not enough reasonable suspicion, and the search failed the reasonable search test
- fruit of the poison tree: evidence would bring admin of justice into disrepute, so evidence was dismissed

32
Q

R v Feeney (Charter)

A

(search warrant)
- Section 8: unreasonable search and seizure
- police investigating a murder where Feeney is a suspect
- police entered his property without a search warrant and found him covered in blood
- Supreme Court determined that the police entered his property unlawfully, and evidence was dismissed

33
Q

R v Harrison (Charter)

A

(traffic stop search)
- Section 8: unreasonable search and seizure
- Section 9: arbitrary detention
- police pulled over Harrison on a hunch, searched his car, and found large amounts of cocaine
- Supreme Court ruled that police had no ground to stop and search Harrison, so the evidence was dismissed

34
Q

R v Stinchcombe (Charter)

A

(disclosure of evidence)
- Stinchcombe was being charged with theft and fraud
- the crown failed to disclose all their evidence to Stinchcombe’s defense
- Supreme Court ruled that the case would be dismissed because the crown has an obligation to disclose all their evidence before a trial

35
Q

R v Williamson (Charter)

A

(undue trial delays)
- Section 3: undue delays in criminal proceedings
- Williamson was charged with sexual assault of young boys in a big brother program
- Williamson’s trial took 3 years to finish, most of which was the crown’s fault
- Supreme Court ruled that the trial took too long and so his case was dismissed

36
Q

R v Oakes (Charter)

A

(Charter violations)
- Section 11 D: presumption of innocence
- Oakes was charged with drug trafficking for carrying a certain amount of has oil
- Section 8 of narcotics code: carrying a certain quantity of has oil presumed trafficking
- Supreme Court ruled that the section of the narcotics act was irrational

37
Q

Oakes test (for Charter violations)

A
  1. Violation must be pressing and substantial
  2. Violation must be RATIONALLY CONNECTED to the objective
  3. Charter rights must be MINIMALLY IMPAIRED
  4. Violation must be PROPORTIONAL to the impact the case has on society
38
Q

Plea bargain

A

defendant pleads guilty to the crime

39
Q

Plea bargain advantages

A

possible short sentence, less costs, no family members have to be called in

40
Q

Denunciation

A

judge disproves of the criminal’s actions on behalf of soceity

41
Q

General deterence

A

harsh sentences to deter society from committing the same crime

42
Q

Specific deterence

A

harsh sentences to deter the criminal from committing that crime again

43
Q

Prison

A

for sentences of less than 2 years

44
Q

Penitentiary

A

for sentences of 2 years or longer

45
Q

Intermittent sentence

A

sentences where time is served in chunks cumulatively

46
Q

Mental health court

A

criminal court for cases of severe mental health issues (no criminal record)

47
Q

Restitution

A

compensation for damages caused to personal property during a crime

48
Q

Aggregating factors

A

factors that increase sentences

49
Q

Mitigating factors

A

factors that reduce sentences

50
Q

Alternative dispute resolution (ADR) types

A

mediation, arbitration, and family conferencing

51
Q

Mediation

A

an unbiased third party tries to find common ground between to the parties’ interests

52
Q

Evaluative mediation

A

an unbiased third party assigns value to each partys side and creates an outcome

53
Q

Arbitration

A

binding decision, third party acts as a judge to hear both sides and resolves the case

54
Q

Family group conferencing

A

the stakeholders of a family meet and discuss the best interests of the family and children

55
Q

R v Perka

A

(defence of necessity)
- a storm caused a ship headed for Alaska to stop in BC
- BC port officials searched the boat and found large amounts of weed
- Perka defence argued that the boat had to stop in BC, to save the lives of the crew members

56
Q

R v Rusek

A

(defence of duress)
- Rusek was caught importing large quantites of heroin from Europe
- Rusek defence argued that Rusek was forced to traffick the drugs under threat of her mother’s life and rape back in Europe

57
Q

Defence of duress requirements

A
  1. Threats must be of death or serious harm
  2. Threats must be serious and realistic
  3. Crime must be a reasonable reaction to the threats (reasonable persons test)
  4. There was no safe avenue to escape threats
  5. Threatened person is not a part of a criminal organization
58
Q

R v Parks

A

(defence of automatism)
- Parks had a serious sleepwalking condition
- Parks sleepwalked and drove to his in-laws house and killed his mother in-law
- Court ruled Parks was not conscious during the time of the crime and he was acquitted

59
Q

R v Sullivan

A

(defence of extreme intoxication)
- Section 33 (1) of Criminal Code
- you are criminally responsible for any crime you commit while extremely intoxicated, even to the point of loss of consciousness
- there is an assumed risk that you take on when you choose to get extremely intoxicated

60
Q

R v Hart

A

(police enticement)
- undercover police entices Hart to join a fake criminal organization, to get a confession on the murder of his daughters
- Hart confesses to the murders, but he was lying
- Mr. Big

61
Q

R v Jordan

A

(trial time limits)
- Jordan was arrested for drug trafficking
- Jordan’s trial took 49 months, not his fault
- Court set new limits for trial wait times
- Summary offences: 18 months maximum
- Indictable offences: 30 months maximum

Law (7 decks)

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