law exam Flashcards
what are the early codes of law
- code of hammarabi
- roman code of law
mosaique law
notwithstanding clause
- allows provincial or federal laws to operate despite the canadian charter of rights and freedoms if over 50% of the population vote for it.
level of courts in canada
-supreme
-provincial
territorial
superial
appeal
criminal law
beyond a reaonsable doubt to convict someone.
mens rea
levels of offences
indicitable - most severe
summary - less severe
hybrid - could be either indictable or summary
participants in the courtroom
- court clerk
-sheriff
-the baliff - crown prosecutor
- the judge
- lawyers
empaneling a jury
a process of making sure the jury isnt biased
criminal jury
responsiblefor determining the guilt or innocence of a person
if the police break the law
theyare subject to the same consequences as everyone else
civil wrong
tort-when someone harms another persom or their property, leading to legal consequences.
civil courts
handle disputes between individuals or organizations , often involving compensation or resolution without criminal charges.
purpose of civil law
protect people against the actions of others
advantages plea advantages
advantages- saves time and money
- got a conviction
- family is sppared the trauma of the trial
disadvantages of plea bargaining
- no trial
- considered a compromise
types of evidence
- direct
- circumstancial
- electronic surveillance
- voire dire
levels of police
municipal - CBRPF
Provinicial - OPD/ APD
federal - RCMP
jury qualifications
18
canadian citizen
what is habeus corpus
if detention is unlawful you can have the vadility declared by a higher court.
types of searches
person - after arrest
place - with warrant exception - loss of evidence
hot pursuit
bail
show case hearing
reverse onus - if you commit- 1st deg murder
- not cdn
- trafficking
-
levels of offences
- summary - less severe
- hybrid - either summary or
- indictable - more severe
fundamental freedoms
-freedom of conscience and religion
- freedom of thought belief opinion and expression
- peaceful of peaceful assembly
- freedom of association
divisions of power jurisdiction
federal
- criminal code
- bank
- national defence
- employment insurance
provincial
- education
- labour and trade
- natrual resources
provincial courts
What is restorative justice and how does it work with respect to the offender, the victim, and the community?
The goals of restorative justice are to restore, or rebuild, the offender’s self- respect, to empower the offender and the victim to address their conflict, and to facilitate reconciliation between the offender and the victim within the community.
what are two positive and two negative attributes of restorative justice
Negative attributes
-some people think it isnt fair
- it may lead to people repeating offences
Positive attributes
-process makes win win outcome normal
- repentance and forgiveness are encouraged
torts fall into 3 categories
- unintentional
- intentional
- strcit liability
categories of people who may enter anothers land
invitee
licensee
trespasser
trespassing children
-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.)
code of hammarabi
- anyone who commits robbery should be put to death
- 3500 years ago
- first code
- based on retribution
moasic law
- 10 commendments
- laws given to moses to guide the hebrew people
- introduced restitution
alternatte dispute resolution
type parties involved
negotiation 2
mediation 3
arbitration 3
types of damages
general
1.) pecuniary - wages
2.) non pecuniary - pain and suffering
3.)
factors in negligence
1.) did the defendant owe the plantiff a duty of care
2.) did the defendant fail to forsee what a reasonable person should have
3.) did the defendant cause the plaintiffs injurys
sentences
discharges
incarseration
probation
ADR
type parties involved
negotiation 2
mediation 3
arbitration 3
reverse onus
the onus reverses and now the defendant has to prove why they should be allowed bail until trial
if you commit - 1 deg murder, trafficking
What is restorative justice and how does it work with respect to the offender, the victim, and the community?
The goals of restorative justice are to restore, or rebuild, the offender’s self- respect, to empower the offender and the victim to address their conflict, and to facilitate reconciliation between the offender and the victim within the community.
What are two positive and two negative attributes of restorative justice?
Negative attributes
-some people think it isnt fair
- it may lead to people repeating offences
Positive attributes
-process makes win win outcome normal
- repentance and forgiveness are encouraged
difference between restitution and retribution
Retribution prevents crime by giving victims or society a feeling of avengement. Restitution prevents crime by punishing the defendant financially.
vicarious liability
Holding a blameless person responsible for the misconduct of another is the principle of vicarious liability. (owner of a car is liable for the negligence of any driver when the vehicle is being used with the owner’s permission.)
a doctor must have
forseeability
parents must have
vicarious liability
what is a civil citation
the way the citation is written
types of liability
strict liability and absolute
plaintiff responsibility
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.
what is circumstancial evidence
evidence that is not based on direct observation or personal knowledge , but rather on inferences made from facts or circumstances
occupier liability
area of law that covers the responsibility of occupiers toward persons who come on to the property and might be injured.
occupier liability
area of law that covers the responsibility of occupiers toward persons who come on to the property and might be injured.
defences to negligence
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. (e.g. page 298)
jury decisions
beyond a reasonable doubt
tort defences
due diligence , contributory negligence
what is a subpoena
a writ ordering someone to attend court who may have useful information
a summons
an official notice of a lawsuit
public law
criminal law
civil law
civil law
challenge for a cause
seeing if a jury is biased
professional negligence
Doctors, dentists, engineers, architects, lawyers, accountants, etc. Most professionals purchase liability insurance. (e.g. a heart surgeon will be held to a higher standard of care than a family doctor.)
tort defences
due diligence-investigation that is condcted before making a decision
contributory negligence
