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Social Studies > Law Unit Review > Flashcards

Law Unit Review Flashcards

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1
Q

What are things associated with Criminal Law?

A

Murder, Arson, Armed robbery, Terrorism, Rape, Trafficking in control.

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2
Q

Who files a Criminal Law?

A

The government (crown) on society’s behalf versus the accused.

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3
Q

What is Statute Law?

A

Is the body of written law that has been pushed as legislation by federal, provincial and municipal government.

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3
Q

What is Constitutional Law?

A

Body of law derived from a country’s written constitution. It lays down and guides the duties and powers of the government, and the duties and rights of its citizens and residents.

It is the highest form of Law in Canada

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4
Q

What does Entrenched mean?

A

Is when a right is given special protection by being included in the Constitution.

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6
Q

What is Law meant to do?

A

it is meant to control or change our behaviour and they are enforced by the courts.

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7
Q

What is Discrimination?

A

An action or policy that shows prejudice against or in favour of a person or group of people.

Emphasis on legal rights and equality rights.

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8
Q

When was the Charter of Rights and Freedoms put up?

A

1982

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9
Q

Why do we need to change the Constitution? How can we?

A

Values change over time so the Constitution needs to change to fit these values.

By using the Amending Formula.

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10
Q

What is a brief history of Canadian Law?

A

It was based on European laws brought to Canada in the 17th and 18th centuries with explorers and colonists.

Became dominant over the already existing Aboriginal system of Law.

After the Battle of Quebec in 1759, the country fell almost exclusively under English law.

Except for Quebec, Canada’s criminal and Civil law has its basis in English, common and statutory law.

The Constitution was developed when Canada became a country.

After WWII, People began to push for written laws to protect the rights of Canadians.

In 1960, the Bill of Rights formally recognizes the rights of Canadians.

In 1982, the Constitution Act was added to the Constitution (Charter of Rights and Freedoms)

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11
Q

Who files a Civil Law?

A

A private party, the (Plaintiff) versus the Defendant (person being sued)

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12
Q

What are the three that must be approved to change the Constitution?

A
  • The federal Parliament.
  • The Senate.
  • At least 7 provincial legislatures that approve the change, representing at least 50% of Canada’s population. (Called the 7+50 rule.)
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12
Q

What are the five parts of the Manitoba Justice System?

A
  • Citizen
  • Government
  • Police
  • Courts
  • Prisons
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14
Q

What does Second Degree Murder mean?

A

Means that an intentional killing was done but it was not premeditated or planned.

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15
Q

What are the three levels of Law?

A
  1. ) Constitutional Law
  2. ) Statute Law

3,) Common Law

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16
Q

What does Probation mean?

A

Is a suspended prison sentence.

Offenders live free in their communities but are supervised by a Probation officer.

They must abide by certain conditions, such as travel, people they can associate with and alcohol consumption.

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17
Q

What does Equality before you law means?

A

This means that every person has the same rights of access to court.

Eg-if a person is too poor to afford a lawyer, the court will provide one at no expense.

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17
Q

What does Civil Law mean?

A

A system of rules that concerns the private rights of others

Deals with the protection of private rights and disputes between individuals.

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20
Q

What is the injured party called?

A

A Plaintiff

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21
Q

Who makes the decision in a Civil Law?

A

Either a judge or a judge and Jory

> Must be found guilty under the balance of probabilities.

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22
Q

When was the Human Rights Commission?

A

1977

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24
Q

What type of punishment are done for Civil Law?

A

Compensation (usually financial) for injuries or damages.

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25
Q

What type of punishment are done for Criminal Law?

A

Imprisonment (jail), community service, fines.

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26
Q

What are the 4 accounts taken when Sentencing?

A

Punishment

Deterrence

Protection

Rehabilitation

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27
Q

Why would a request for an Appeal be made?

A

A request for an Appeal would be made because,

  • The judge made an Error in how the trial was conducted.
  • A member of the jury was Prejudiced against the Defendant.

-New Evidence has been found after the trial.

28
Q

What are things associated with Civil Law?

A

Marriage dispute, Breach of contract, personal property dispute, ownership issues

30
Q

What does Sentence mean?

A

Is how guilty are to be Punished. This is decided by a judge.

31
Q

What does Verdict mean?

A

Is the decision of whether a defendant is innocent or guilty made by a judge, jury or judge and jury.

32
Q

What is a Plaintiff?

A

The injured party in a case.

33
Q

What is Common Law?

A

Is the rights protected by traditional practises.

It’s always been a right, so it’s still a right.

Also the name used for law that is based on the rulings made by judges in court cases.

33
Q

Who makes the decision in a Criminal Law?

A

A judge and Jory

> Must be found guilty without a reasonable doubt.

34
Q

On what system does our courts function?

A

The “Adversarial System”.

34
Q

What does Adversarial System mean?

A

It means that in a court, there is a prosecution and a defence.

34
Q

Under what law is the Bill of Rights under?

A

It is under the Statute law

35
Q

What does Rights mean? Examples?

A

Are privileges that are granted and guaranteed by the government legislation.

Ex. The right to vote, the right to a fair trial, Mobility rights

36
Q

What is Law?

A

Is a system of rules that a government creates to establish peace and control social order among citizens.

39
Q

What is the person being charged with the offence called?

A

The Defendant

41
Q

What does First Degree Murder mean?

A

Means that the killer planned and carried out the killing.

42
Q

What is Rule of Law?

A

Is the legal principal that law should govern a nation.

42
Q

What does “Hearsay Evidence” mean?

A

It is evidence that witnesses may have heard other people say. People cannot comment on someone’s character.

43
Q

How many judges are there in the Supreme Court of Canada?

A

9 judges headed by the Chief Justice of Canada.

44
Q

What is a Summary Offence?

A

A less serious crime committed.

45
Q

What does an Appeal mean?

A

An appeal is a request for a new trial in a higher court.

46
Q

What is an Indictable Offence?

A

A more serious of a crime committed.

47
Q

What are the 3 purposes of a prison?

A

Rehabilitation (Change)

Retribution (Punishment)

Deterrence (Prevention)

48
Q

What are the 3 levels of prison? What are the sentences for each?

A

Local Jails
(Less than 3 months)
Less serious offence

Provincial Jails
(3 months to 2 years)
Serious offence

Federal Penitentiaries
(More than 2 years)
Serious offence

49
Q

What does it depends on whether you go to court or not?

A

Depends on

Where you are?

What you have done?

How old are you?

50
Q

Can youths still be Punished with adult sentences?

A

Yes, if it was really serious.

51
Q

What are the 6 Legal Rights protected by the Charter of Rights and Freedoms?

A

The right to be secure from unreasonable search and seizure.

The right against self incriminating.

The right to be considered innocent until proven guilty.

The right not to be arbitrarily detained and imprisoned.

The right of habeas corpus.

The right to a fair trial. You have the right to a lawyer.

52
Q

What is Responsibilities?

A

The obligations that extend beyond legal duties to include the type of behaviour that shows respect for the rights of others.

53
Q

What does Criminal Law mean?

A

Law that deals with crime (against society)

53
Q

What does Manslaughter mean?

A

When someone accidentally kills another.

53
Q

Under what law is the Charter of Rights and Freedoms?

A

It is under Constitutional law

54
Q

What does “Burden of Proof” mean?

A

Means that the prosecution must prove the defender’s guilty beyond reasonable doubt.

54
Q

What is Duties?

A

The obligation the government places on people in return for their rights.

55
Q

What does Equality Under the Law means?

A

This means that law must also treat people equally.

56
Q

What does Freedoms means?

A

Are privileges that are so basic that they cannot be restricted by laws of the government.

Ex. Freedom of religion, Freedom of expression

57
Q

What are the 7 types of Judicial Sanctions?

A

A reprimand

A fine

Community service

Probation

Compensation or Retribution to crime victims

A discharge with or without conditions

Intensive support and supervision on the community

58
Q

What does Extrajudicial mean?

A

Means outside the court measures because too many young people are ending up in court. A way to deal with young offenders.

59
Q

What are the 3 principles of the YCJA?

A

Meaningful consequences

Rehabilitation

Reintegration into the community

60
Q

What is the Youth Justice System in Manitoba?

A

It is an Important aspect of the justice system in Manitoba created in 2003 that deals with youth criminal acts.

61
Q

Why was the Canadian Bill of Rights added?

A

It was added to federal legislation after people began to push for human rights to be recognized as written laws.

It changed common law into statute law but did not protect people under Constitutional law.

Social Studies (11 decks)

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