Law Exam Review Flashcards
What are laws?
a body of enacted rules that are recognized by a community as binding
What are the 3 characteristics of law?
- Laws are a set of legal rules that are established and enforced by the government.
- Laws are mandatory - they apply to all members of society at all times.
- Laws involve a detailed system of consequences. They are enforced by the courts and must be obeyed or there are penalties.
What are rules?
things that aren’t enforced by the court and are optional to follow
What are the 3 characteristics of rules?
- Rules are not enforced by the courts.
- Rules are optional - you can “opt-out” of them.
- Rules do not necessarily apply to everyone - it depends on the rule
Why do we need laws?
We need laws as they reflect the values/morals of society
What are the five functions of law?
- Establish rules of conduct
- Provide a system of Enforcement
- Protect Rights & Freedom
- Protect Society
- Resolve Disputes
What is the Rule of Law?
everyone is equal under the law (no one is above the law)
- fundamental principle that states that the law applies equally to all people
What’s substantive law?
- all laws that set out the rights and obligations of each person in society
- outlines the activities and actions that are considered criminal
What’s procedural law
- outlines the steps and PROCEDURES involved in protecting our roots and apply the law
- example: there are formal procedures that must be followed to carry out arrests, search warrants, etc.
Where did the concept of “an eye for an eye” first develop?
The Code of Hammurabi
In what form did laws originally exist? Why did this format of law change?
were based on common sense and were passed on by mouth; the format changed as the population grew and laws became more complex, making it necessary to put the laws in writing
define intra vires
within the power
define ultra vires
beyond the power
whats codified/codification
the process of assembling a system of laws into a body of statues
Whats retribution
a deserved punishment for a wrong (ensures that the guilty will be punished)
Whats restitution
the act of making good, restoring, or compensating a person for a wrong that was done to him or her
Whats precedent
a legal decision that serves as an example and authority in subsequent similar cases
Whats Habeas Corpus
a document that requires a person to be brought to court to determine if he or she is being legally detained
Whats a case citation example for a civil case
Anderson v. Brown
Whats a case citation example for a criminal case
R. v. Brown
What are freedoms
what we are free to do without constraint - we expect the gov. to allow us these liberties
What are rights
something we are entitled to
What is the Canadian Charter of Rights and Freedoms
guarantees the rights and freedoms set out in it subject to reasonable limits prescribed by law
What was R. v. Oakes? Why is this case considered a landmark case in Canada?
R. v. Oakes was a case where David Oakes was charged with unlawful possession of a narcotic (hashish oil). Back then, if anyone was charged with possession of an illegal drug then they’d be charged but Oakes argued that the charge infringed upon his Charter right to be presumed innocent until proven guilty. The SCC agreed and made a framework on how the Charter would apply - this is known as the Oakes test.
What’s the reasonable limits clause? What section of the Charter is this?
states that we are guaranteed the rights and freedoms contained in the Charter BUT they are not absolute (they are subject to reasonable limits) ; found in section 1
What is the Notwithstanding Clause? What section is this?
allows governments to enact legislation that override our rights and freedoms and we CANNOT challenge these violations (must be reviewed every 5 years) ; section 33
What are stereotypes?
labels which are based on generalizations that are applied to members of certain groups regardless of their individuality ; “set image”
What’s prejudice?
a preconceived opinion, belief or attitude about a group of people that is applied to an individual
What’s discrimination
acting on a prejudice or stereotype and treating others unfairly ; this is illegal
Is discrimination ever allowed?
Yes, because of the Bona Fide Occupational Requirement (BFOR):
* standards that are necessary to perform a job effectively (ex. an airline has a policy of not hiring those who are visually impaired to fly planes; this discriminates against those who are visually impaired but it is necessary as it would be unsafe to allow a visually impaired person to fly a plane
for criminal law flashcards - go to the digestive system and click on criminal law <3
What is civil law
regulates disputes between individuals
What are the 5 types of Civil Law
- Tort Law
- Contract Law
- Family Law
- Property Law
- Labour Law
What is Tort Law
governs wrong; holds a person or organization responsible for the damage they cause to another person
What is Family Law
deals with the relationship between people who are living together
What is Contract Law
outlines the requirements for legally binding agreements
What is Property Law
regulates the relationship between individuals regarding property-related issues
What is Labour Law
affects relationships between employers & employees (deals with issues like minimum wage, pay equity, etc.)
What is the plaintiff
the person/party that initiates the lawsuit
What is litigation
the process of taking legal action
What are the five types of damages that can be awarded after a civil trial?
GSPAN
- General Damages
- Special Damages
- Punitive Damages
- Aggravated Damages
- Nominal Damages
What are general damages
damages that cannot be easily or precisely calculated
What are special damages
damages that are awarded for specific out-of-pocket expenses incurred before the trial (ex. hospital costs, therapy)
What are punitive damages
damages that are meant to punish the defendant for what is considered to be malicious behaviour
What are aggravated damages
damages that are awarded for mental distress and humiliation, pain or suffering
What are nominal damages
damages that are awarded as a moral victory for the plaintiff
Whats negligence
occurs when someone acts carelessly or fails to act at all resulting in injury or loss to another person
What is justice
the concept of moral rightness and fairness
What are the characteristics of justice
- we should treat like cases alike and different cases differently (ex. not punishing a child as you would an adult)
- we consider a law unjust if it discriminates on the basis of irrelevant characteristics
- justice should be impartial (rule of law )
- we expect the law itself to be just, in that it conforms to society’s values and beliefs
What is the Constitution?
- supreme law of our land
- a set of principles/rules that define the elements of a country’s government and the functions and limitations of power of that government
Why is the Constitution important
- establishes how authority/power will be exercised in a country
- outlines the limits of authority in a country
- lays down the rule for how a country will govern itself
- includes a framework for amendments
What’s the British North America Act (Constitution Act, 1867)?
- Canada’s first constitution
- Made Canada a separate entity from the British Empire (but not full independence)
- Set out rules for how Canada should be governed
Whats the Statute of Westminster?
- passed by British Parliament (1923)
- gave members of the British Commonwealth legislative equality
- Gave Canada control over its foreign affairs
- 1949: the Supreme Court of Canada became Canada’s highest court of appeal
What’s the Constitution Act in 1982
- transferred Canada’s Constitution back to Canada (patriation)
- included the Charter of Rights/Freedoms, Amending Formula, Clearer division of Responsibilities
What’s the Amending Formula?
sets out the process of changing anything that is entrenched in the Constitution
What does the Federal Government handle?
matters that should be applied uniformly to every province (ex. criminal law, citizenship, Indigenous peoples)
What does the Provincial Gov. handle?
matters that are more local and can vary from province to province (ex. education, police force, highways & roads)
What’s a bill
a proposed law
Whats a statute
a written law passed by a government
How does each law start?
First reading –> Second reading –> Committee –> Report –> Third Reading –> Royal Assent (final approval is given by the Governor General & the bill becomes a law)
What’s domestic law
refers to laws that govern activity within a nation’s borders
(if a Canadian citizen breaks the law in another country, there is very little that the Canadian government can do to help)
What is international law
responsible for governing relationships between independent nations - there are no global means to enforce these laws and there is no way to ensure that countries comply with their agreements
What is invoke?
to put into effect
define entrench
build into the Constitution (only an amendment to the Constitution)
define override
to prevail over (to “legally” violate)
What is Authority of the Charter? What section?
- Section 32
- states that the Charter only applies to parliaments, provincial legislations, and federal/provincial governments ; only applies to relations between people and the gov. and not private individuals
What is Enforcement of the Charter? Which section?
- section 24
- states that people who believe that their Charter rights have been infringed by the government or its agencies have the right to challenge the government in court
What questions must be asked for it to be a Charter Case?
- Does the Charter apply (was the right infringed by the gov. or its agencies)?
- Is the right in question covered under the Charter?
- Is the violation or infringement within a reasonable limit?
What are Human Rights?
the right to receive equal treatment, to be freed from prohibited discrimination/harassment, and to have access to places, services, and opportunities
What’s the Canadian Human Rights Act?
guarantees that all Canadians receive fair and equal treatment from all institutions under federal control (ex. banks, airlines)
What is the Provincial Human Rights Code
- applies to both public & private sectors
- guided by the following principles: dignity & worth of every person, understand and mutual respect, equal opportunity to contribute to society
How do you file a complaint?
file a Human Rights Complaint in Ontario –> Human Rights Tribunal –> Remedy
How long does someone have to file a HR (human rights) Complaint in Ontario
1 year since the last act of discrimination
What does the Human Rights Commission in Ontario do?
- promote human rights
- deal with human rights complaints
- encourage public education on human rights and discrimination
What are some remedies for a valid Human Rights complaint?
- letter of apology
- payment for mental anguish (losses suffered)
- payment of lost wages and/or benefits
Whats the Mosiac Law? What’s the importance?
- laws Moses gave to Hebrew people
- built in retribution, restitution, and punishment of the guilty party
Whats the Roman Law? Why is it important?
- stated that laws must be recorded, justice cannot be left in the handles of the judges alone (jury system)
- built in jury systems and lawyers
Whats the Justinian Code? Why is it important?
- collection of past Roman laws, opinions from legal experts and new laws
- built in the Rule of Law and the idea of being innocent until proven guilty
From where does Canada see the largest influence on our legal system?
France and England but especially England
What was the Feudal System? Why was it important?
- King of England owned all of the land and divided it among his lords and nobles
- built in Common Law, Precedent, and Appeal
What’s the Magna Carta? Why is it important?
- The Great Charter
- talked about the Rule of Law and how all rulers must obey the law
- Built in the rule of Law and Habeas Corpus (entitled to appear before court in time)
What’s the Napoleonic Code? Why is it important?
- forbid the idea of privilege based on birth and allowed freedom of religion
- built in the idea of equality and freedom of religion
What’s Statute Law?
- Laws passed by Parliament
- helps fill in the gaps where common law cannot provide an answer
What is criminal law?
a set of rules designed to prohibit and punish acts that injure individuals and/or society
What is disclosure?
the responsibility of the crown prosecutor to share evidence with the defence counsel
What is Constitutional Law?
sets out how the country is to be governed; laws that determine the structure and powers of the fed. and provincial gov. (includes charter)
What is Administrative Law?
laws that determine the relationship between people, governments, and public agencies
Are all laws rules?
All laws ARE rules but not all rules are laws.
Whats aiding?
helping someone commit a crime
whats abetting
encouraging someone to commit a crime
whats accessory after the fact
helping a perpetrator escape detention or capture after the crime has been committed (ex. providing shelter)
difference between specific and general deterrence
specific: punishment is meant to discourage the OFFENDER from re-offending
general: punishment is meant to discourage the society from committing similar offences
what are aggravating factors
factors that increase the severity of the sentence
what are mitigating factors
factors that decrease the severity of the sentence
What are fundamental freedoms? what section?
- section 2
- includes the basic freedoms of all people in Canada (ex. freedom of religion, freedom of thought, etc. )
What are democratic rights? what section?
- section 3, 4 & 5
- gives all Canadian citizens the right to vote
what are mobility rights? what section?
- section 6
- guarantees your right to move freely inside (between provinces) and outside of Canada
What are legal rights? what section
- sections 7-14
- protects person and privacy rights, and provides safeguard procedural rights in the criminal justice system (ex. the right to life, liberty)
What are equality rights? what section
- section 15
- everyone is equal before and under the law; protects against discrimination
What are language rights? what section
- sections 16-22
- provides that both languages (French & English) have equal importance
What are Indigenous Rights and Freedoms? what section
- section 25
- guarantees existing rights of Indigenous peoples
- rights and freedoms under the Charter cannot interfere with any Indigenous rights
What are multicultural and heritage rights? what section
- section 27
- governments and courts must consider Canada’s multicultural background when making and interpreting laws
