Midterm 3 Textbook Flashcards
What does it mean if a law is dynamic?
-they are evolving constantly
When and why was adultery a crime in Canada?
-was a crime if committed in the home of a child
-law changed in 1985
Define the rule of law (2)
-foundational principle of Canadian constitution
-law is supreme over any body, government or individual
What does R stand for in R. v. name and v? (2)
-Regina, latin for queen
-v is versus
What is 2014, 2 and 423 mean in R v Sipos, [2014] 2 SCR 423? (3)
-decision was reported in 2014
-2 is second volume in 2014
-423 is the page number the case number if found
Who is credited with establishing a more uniform approach to justice?
-King Henry 2
What is common law?
-based on tradition, judges follow decisions made by other courts
What was the Magna Carta?
-1215
-everybody was subject to law, all free men had right to trials and justice
What has been called judge-made law?
-common law
Define stare decisis
-legal principle where courts are bound by prior decisions and decisions of higher courts
Define precedent
-judges base decisions on current cases on the outcome of prior judgements
If someone was found not guilty, does that mean they are innocent?
-no, it means there wasn’t doubt beyond a reason
Define substantial law
-rules that define rights and obligations
Define procedural law
-rule that enforce rights or due process
What did the Department of Justice Canada say about their expenditure in 2016/2017?
-50% of 500K applicants obtained help for criminal matters
Define habeus corpus
-right of a person detained to challenge the legality of their detention before the court
What was R v Ewanchuk?
-no means no by Supreme court
What was R v Feeney?
-unreasonable search and seizure of mans house
What was R v Gladue?
-Indigenous people can be offered a lesser sentence
R v Mann?
-police powers when detaining a person for investigation
R v Martineau?
-mens rea required for murder
R v Morin?
-trial within reasonable time
R v Seaboyer?
-evidence relating to sexual reputation of a sexual assault victim
R v Stone?
-determining proper test for automatism
What is the consent justification? (2)
-that there was consent to act in that way
-usually defendants accused of assault
A study by Armstrong found what about hate crimes percentage?
-43% of hate crimes were race
-41% religion
-10% sexual orientation
-6% other
What is the average violent victimization rate in Canada?
-76 incidents per 1000 people over 15
What fraction of hate crimes were non-violent according to Armstrong?
-2/3
What is Walker’s cake model?
-lowest layer is summary offences
-layer 3 is lesser indictable offences
-layer 2 is serious indictable offences
-layer 1 is celebrated cases
What did a survey by the British Columbia legal services society say?
-82% of respondents believed that everyone should have the right to access the justice system, even if the government has to spend money on it
The Angus Reid Institute reported how many Canadians have full confidence in the provincial criminal courts?
-41%
What did Cotter say about public confidence in the justice system?
-57% had great trust
How many adult court cases have fines imposed?
-less than 1/3
How many people did PEI courts sentence as guilty to prison?
-2/3 more than the national average
What is the most importance principle of sentencing?
-proportionality (reflecting seriousness of crime)
