Law Study Deck

Question 1

What is law?

Answer 1

A Written custom established by a family recognized governing body with authority. There are sanctions for non-compliance.

Question 2

What is the rule of Law?

Answer 2

No one is above the law - the principles where by all members of society ( including those in government) are considered equally subject to publicly disclose legal codes and processes.

Question 3

What are the sources of law? (3)

Answer 3

Constitutional - Common Law - Statutes and bylaws

Question 4

What is Constitutional Law?

Answer 4

Supreme Law- includes the charter of rights and freedoms.

Question 5

What is Common Law?

Answer 5

Judge made law - developed throughout time by judges - case law

Question 6

What is Statutes and bylaws?

Answer 6

Provincial legislation and municipal legislation.

Question 7

What is Provincial Legislation?

Answer 7

Provincial government have jurisdiction/authority to pass legislation. Only in relation to subject areas that are set out in S. 92 of the constitutional act.

Question 8

What is municipal legislation?

Answer 8

Municipal legislation (city council) have jurisdiction/authority to pass legislation. Only in relation to subject areas that are set out in S.7 of the Alberta Municipal Government Act.

Question 9

What are the types or law (4)?

Answer 9

Public Law - Private Law - Criminal Law- Civil Law.

Question 10

Can Common Law become Statute?

Answer 10

Yes

Question 11

What is the order of the organization of the courts?

Answer 11

Supreme Court of Canada - Court Appeal - Criminal Court of the Superior Jurisdiction - Provincial Court - Provincial Admin Tribunals.

Question 12

What are the types of offence (3)?

Answer 12

Summary offences - Indictable offences - Hybrid offences

Question 13

What is a Summary Offence?

Answer 13

Less serious - Max 2 years less a day imprisonment and/or $5000 fine - trial by Provincial Court - Limitation period for delay a charge is 12 months.

Question 14

What is an indictable Offence?

Answer 14

More serious - Max sentences are specified ( up to life imprisonment) - Accused elects to be tried by Provincial Court Judge, Kings Bench Judge or Kings Bench Judge with jury - no statutory limitation period.

Question 15

What is a Hybrid Offence?

Answer 15

Most offences fall under this category - crown elects how to proceed in each particular case. If the crown elects to proceed summarily, then summary procedures apply - Hybrid offences are deemed to be indictable until the crown elects to proceed summarily.

Question 16

What are values?

Answer 16

Refers to the principles, standards, or qualities considered described or important to the individual.

Question 17

What are morals?

Answer 17

Morals are concerned with the judgement of goodness and badness of human actions and character.

Question 18

What are ethics?

Answer 18

Refers to the rules or standards that govern the conduct of the profession.

Question 19

What is section 19 of the CC?

Answer 19

Ignorance of law - ignorance of the law is no excuse.

Question 20

What is section 21 of the CC?

Answer 20

Parties to Offence - everyone is a party to an offence who actually commits it. does or omits to do anything for the purpose of aiding any person to commit it. abets any person in committing it.

Question 21

What is section 24 of the CC?

Answer 21

Attempts - everyone who, having an intent to commit an offence, does or omits to do anything for the purpose of carrying out his intentions is guilty of an attempt to commit the offence whether of not it was possible under the circumstances to commit the offence.

Question 22

What is a young person defined as?

Answer 22

Appears to be 12 years old or older but less than 18 years old.