Law exam Flashcards
1
Q
What is the Rule of Law?
A
A fundamental principle underlying Canadian democracy that ensures everyone is equal under the law and cannot be governed by arbitrary power.
2
Q
Define Legal Independence.
A
There must be a difference between those who make the law, those who enforce it, and those who apply and interpret it.
3
Q
What is Judicial Independence?
A
The cornerstone of our justice system that requires judges to be independent of the government and to make decisions without any influences.
4
Q
What is Lawyer Independence?
A
Lawyers are able to act in their client’s best interest without fear of interference, essential for a fair judicial trial.
5
Q
What is Constitutional Law?
A
Law derived from the Canadian Constitution, which limits government powers and overrides all other laws.
6
Q
What are the three levels of Statute Law?
A
- Federal
- Provincial
- Municipal
7
Q
What is Common Law?
A
Law derived from previous legal decisions that evolves over time.
8
Q
What is the difference between Public Law and Private Law?
A
Public Law involves government, while Private Law does not.
9
Q
Define Substantive Law.
A
The content or set of rules for the country.
10
Q
Define Procedural Law.
A
How rights and obligations of substantive law will be enforced.
11
Q
What is the Code of Hammurabi?
A
One of the earliest known sets of recorded laws, written by King Hammurabi of Babylon.
12
Q
What is Mosaic Law?
A
Biblical law often referred to as the Ten Commandments.
13
Q
What is the significance of the Magna Carta?
A
Established political and civil rights, promoting the Rule of Law.
14
Q
What does the term Habeas Corpus refer to?
A
The right of anyone arrested or detained to a court appearance within a reasonable amount of time.
15
Q
What are the three branches of government in Canada?
A
- Executive
- Legislative
- Judiciary
16
Q
What is a government or public bill?
A
A bill introduced by a cabinet minister.
17
Q
What is the Oakes Test?
A
A legal test used to determine if a law that infringes on Charter rights is justifiable.
18
Q
What rights does the Canadian Charter of Rights and Freedoms guarantee?
A
- Fundamental Freedoms
- Democratic Rights
- Mobility Rights
- Legal Rights
- Equality Rights
19
Q
True or False: The right to vote in Canada is granted to citizens who are at least 18 years old.
A
True
20
Q
What negative impacts did the Indian Act of 1876 have?
A
- Established residential school systems
- Created reservation systems
- Revoked voting rights for Indigenous peoples
- Defined Indigenous identity
21
Q
What is the significance of the Royal Proclamation of 1763?
A
It marked the beginning of European colonization and recognized First Nations as nations with land rights.
22
Q
What is the Residential School System?
A
A network of boarding schools established to educate Indigenous children, often resulting in cultural loss and trauma.
23
Q
Define Wampum Belts.
A
Traditional Indigenous artifacts made of beads that convey important messages and record agreements or histories.
24
Q
What are the Peace and Friendship Treaties?
A
Agreements between the Mi’kmaq and British settlers that recognized mutual rights and responsibilities.
25
What does the Indian Act of 1876 aim to do?
It aimed to assimilate Indigenous peoples into Euro-Canadian society, imposing restrictions on their rights.
26
What is a private member’s bill?
Legislation proposed by an MP who is not part of the cabinet.
27
What does the term intergenerational trauma refer to?
The psychological effects of traumatic events experienced by one generation that affect subsequent generations.
28
What is a key consideration in the R.U. Latmier case?
The father's actions suggest he should have been charged with first-degree murder.
29
What is the Canadian Charter of Rights and Freedoms?
A significant document that outlines the rights and freedoms guaranteed to all Canadians.
30
What is second-degree murder?
A type of murder charge that involves intentional killing but lacks premeditation.
31
Who was George Leeman?
The victim whose body was found with around 20 wounds, leading to a murder investigation.
32
What role did John Loeman Jr. play in the case?
He claimed to have seen Mailman striking the victim on the head with a goo.
33
What was Janet Shatford's involvement in the case?
She pled guilty to manslaughter and testified against Mailman and Gillespie.
34
Define direct evidence.
Evidence based on personal knowledge or observation.
35
Define circumstantial evidence.
Evidence based on inference rather than personal knowledge.
36
What is hearsay evidence?
Evidence based on third-party information or what you hear from others.
37
What did J.D.A 1988 establish?
It allowed children to be punished and serve sentences.
38
What was the age of criminal responsibility increased to in 1984?
12-18 years.
39
What is the Youth Criminal Justice Act (YCJA)?
Enacted in 2003, it aims to prevent youth crime and rehabilitate young offenders.
40
Who was Viola Desmond?
A civil rights figure who challenged racial segregation in Canada.
41
What was the significance of Donald Marshall Jr.'s case?
Highlighted issues in the justice system regarding wrongful convictions.
42
What happened in the Steven Truscott case?
He was wrongfully convicted of murder in 1959 and later exonerated.
43
What is a miscarriage of justice?
A situation where a person is convicted and punished for a crime they did not commit.
44
What are the three branches of government in Canada?
Executive, Legislative, and Judicial branches.
45
True or False: The Criminal Code of Canada defines criminal offenses and procedures.
True.
46
What is actus reus?
Latin for 'guilty act'; refers to the physical act of committing a crime.
47
What is mens rea?
Latin for 'guilty mind'; refers to the mental state or intent behind committing a crime.
48
Fill in the blank: The _______ prevents double punishment for the same acts.
Double Jeopardy.
49
What is the purpose of arrest?
To lay a charge and preserve evidence.
50
What must an officer do when arresting someone?
Announce themselves as a police officer and inform the accused of the charge.
51
What is the definition of statutory limitations?
A law setting the maximum time after an event within which legal proceedings may be initiated.
52
What does criminal negligence refer to?
Failure to take precautions to avoid causing harm.
53
What is the difference between aiding and abetting?
Aiding helps someone carry out crimes; abetting encourages someone to commit a crime.
54
What is an accessory after the fact?
Someone who assists another knowing they have committed a crime.
55
What does the Youth Criminal Justice Act emphasize?
Rehabilitation and community-based solutions for young offenders.
56
What is negligence?
Can lead to charges if a person fails to take necessary precautions, resulting in harm.
57
Define Actus Reus.
Latin for 'guilty act'; refers to the physical act of committing a crime.
58
Define Mens Rea.
Latin for 'guilty mind'; refers to the mental state or intent behind committing a crime.
59
What is Double Jeopardy?
A legal principle that prevents an individual from being tried twice for the same offense.
60
What does Statute of Limitations refer to?
A law that sets the maximum time after an event within which legal proceedings may be initiated.
61
What is police discretion?
The freedom of judgment and choices given to police officers in specified circumstances in accordance with their governing policies.
62
List factors affecting police discretion.
* Environmental factors
* Organizational factors
* Situational factors
63
What is the Oakes Test?
A legal test used to determine if a law that infringes on Charter rights can be justified.
64
What are the three sub-steps of proportionality in the Oakes Test?
* Rational Connection
* Minimal Impairment
* Proportionate Effect
65
Explain Rational Connection in the Oakes Test.
The limitation of the right must be rationally connected to the objective of the law in question.
66
What does Minimal Impairment mean?
The government must limit Charter rights as little as possible while achieving its legislative objectives.
67
What is an example of the Oakes Test application?
In Vriend v Alberta (1988), the exclusion of sexual orientation as a ground of discrimination violated s. 15 of the Charter.
68
What does Deference in the Oakes Test refer to?
Situations where the government does not have to impair a Charter right as little as possible.
69
What is the significance of the Royal Commission regarding Donald Marshall, Jr.?
Investigated Marshall's wrongful conviction and made recommendations to improve the criminal justice system.
70
What is the definition of Theft over?
The indictable offence of stealing goods worth more than $5000.
71
What is the difference between Culpable and Non-Culpable Homicide?
Culpable murder is when the accused can be held legally responsible; non-culpable is when they cannot.
72
Explain the difference between first and second-degree murder.
First degree is planned murder; second degree is not classified as first-degree but eligible for parole sooner.
73
List the three levels of severity of assault.
* Assault with a weapon
* Aggravated assault
* Sexual assault
74
What is the definition of theft?
Taking property without permission from the owner.
75
What does Colour of Right mean?
The honest belief that a person owns or has permission to use an item.
76
True or False: Police discretion allows for different outcomes in similar situations.
True
77
Fill in the blank: The Oakes test is used to determine if a law that infringes on _______ can be justified.
[Charter rights]
78
What does Proportionality assess in the Oakes Test?
Whether the benefits of a law outweigh its negative effects on rights.
79
What was the outcome of the wrongful conviction of Donald Marshall, Jr.?
Highlighted systemic failures in the criminal justice system, leading to a Royal Commission.
80
What is the definition of robbery?
The theft of personal property through violence or the threat of violence.
81
What are the three different levels of severity of sexual assault?
* Level 1: Sexual assault
* Level 2: Sexual assault with a weapon
* Level 3: Aggravated sexual assault
82
What is the definition of aggravated assault?
Causing physical harm or endangering their life
83
What constitutes sexual assault?
Sexual contact without consent
84
List the three different levels of sexual assault.
* Level 1: Minor sexual assault
* Level 2: Sexual assault with a weapon or causing bodily harm
* Level 3: Aggravated sexual assault
85
Define theft.
Taking property without permission from the owner
86
What is meant by 'colour of right'?
The honest belief that a person owns or has permission to use an item
87
What are the three levels of crimes in Canada's Justice System?
* Summary offences
* Indictable offences
* Hybrid (or Dual Procedure) offences
88
Give examples of summary offences.
* Public nudity
* Cruelty to animals
* Trespassing at night
89
What are indictable offences?
Very serious crimes with heavier penalties than summary offences
90
What are hybrid offences?
Treated as either summary or indictable, depending on the circumstances
91
What does 'necessity' mean in legal terms?
The accused has no reasonable alternative to committing an illegal act
92
Define compulsion or duress.
Forced into doing something; the threat has to be immediate
93
What is provocation?
Any act or insult that causes a reasonable person to lose self-control
94
What is the mental disorder defence?
The accused could not appreciate the nature of the act or know it was wrong
95
What is automatism?
A condition where a person acts without being aware of their actions
96
What is self-defence?
Using reasonable force to defend against an unprovoked attack
97
What is culpable homicide?
The killing of a human being for which the accused can be held legally responsible
98
What is non-culpable homicide?
A killing for which the accused cannot be held legally responsible
99
What distinguishes theft from fraud?
Theft is taking property without permission; fraud is deceiving someone to cause a loss
100
What is the penalty for robbery?
The theft of personal property through violence or threat of violence
101
What are leading questions?
Questions that suggest an answer to a witness
102
What are hearsay statements?
Asking what a witness has heard from a third party
103
What is the role of a judge in sentencing?
Makes decisions based on evidence, controls the courtroom, interprets the law
104
Fill in the blank: A _______ is a punishment imposed on a person convicted of a crime.
sentence
105
What is the goal of protection in sentencing?
Protection to the public and revoking the feeling of threat
106
What is retribution in the context of criminal law?
Society wants the criminal to 'pay' for what they have done
107
What is specific deterrence?
Deters offenders from re-offending
108
What is the purpose of rehabilitation in sentencing?
To help offenders become law-abiding citizens
109
What is the significance of the Youth Criminal Justice Act?
It covers ages 12 until 18th birthday and emphasizes society's rights
110
What are the main characteristics of the Young Offenders Act?
* Shifts from welfare
* Limits use of custody
* Covers ages 7-18 until 18th birthday
111
What happens during the arraignment stage?
The accused is formally charged and enters a plea
112
Describe the role of the jury.
12 civilians chosen to deliberate and reach a unanimous decision on guilt
113
What is the first step in trial procedures?
Accused is arraigned
114
What is the purpose of the s. 1 analysis in the Charter?
To determine if an infringement of rights is justified
115
What is Battered Woman Syndrome?
A psychological condition affecting women who have experienced prolonged spousal abuse
116
What is the penalty under the Stop Gangs in Ontario Act for wearing a bandana in schools?
30 days in a provincial penitentiary
117
What argument is made by advocacy groups against the SGOA?
It limits expression and treats young people differently than adults
118
What are the two types of deterrence?
* Specific deterrence
* General deterrence
119
True or False: First-degree murder is planned murder with a penalty of life in prison.
True
120
What does the term mischief refer to in criminal law?
Damaging property
121
What kind of evidence does the Crown present during a trial?
Evidence to support their case against the accused
