organization of the law

Question 1

what are the three main dispute categories

Answer 1

• Private disputes (a dispute not involving public authority participants)
• Public-initiated disputes (where government are enforcing conduct
  norms, with them punishing those found guilty)
• Public defendant disputes (where a court adjudicates over a dispute
  between individual/organization challenging/questioning a branch of
  the government)

Question 2

what do courts do

Answer 2

Courts hear disputes that are brought to them and, on hearing a case,
arrive at an official judgement (adjudication)

Question 3

what are the 3 levels of court

Answer 3

lower courts
superior courts
court of appeal

Question 4

what are the lower courts

Answer 4

Lower Courts (typically called the Provincial Courts). Deals with less serious
youth and adult criminal matters, as well as family, civil, traffic, and
municipal bylaw cases

Question 5

what are superior courts

Answer 5

Superior Courts (typically called Court of Queen’s Bench or Supreme Court
(Trial Division). These courts deal with more serious crimes

Question 6

what is the court of appeal

Answer 6

Court of Appeal: highest provincial level court. Deals with challenges
against decisions made in the Provincial and Superior Courts

Question 7

when did the constitution act become a law

Answer 7

1982

Question 8

what is section 7 of the charter

Answer 8

S. 7 Everyone has the right to life, liberty, and security of the
person.

Question 9

what is section 8 of the charter

Answer 9

S. 8 Everyone has the right to be secure against unreasonable
search or seizure.

Question 10

what is section 9 of the charter

Answer 10

S. 9 Everyone has the right not to be arbitrarily detained or
imprisoned.

Question 11

what is section 10 of the charter

Answer 11

S. 10 Everyone has the right on arrest or detention
* a) to be informed promptly of the reasons thereof;
* b) to retain and instruct [legal] counsel without delay and to
be informed of that right; and
* c) to have the validity of the detention determined by way of
habeas corpus and to be released if the detention is not lawful.

Question 12

what is section 11 of the charter

Answer 12

S. 11 Any person charged with an offence has the right
* a) to be informed without unreasonable delay of the specific
reason;
* b) to be tried within a reasonable time;
* c) not to be compelled to be a witness in proceedings against
the person in respect of the offence;
* d) to be presumed innocent until proven guilty;
* e) not to be denied reasonable bail without just cause;
* f) to the benefit of trial by jury where the maximum
punishment of the offence is imprisonment for 5 years or a
more severe punishment;
g) not to be found guilty on account of any act or omission unless,
at the time of the act or omission, it is constituted an offence under
Canadian or international law;
* h) if finally acquitted of the offence, not to be tried for it again, and
if found guilty, not to be tried or punished for it again; and
* i) if found guilty of the offence, and if the punishment for the
offence changed between the time of the commission and the time
of sentencing; to the benefit of the lesser punishment.

Question 13

what is section 12 of the charter

Answer 13

• S. 12 Everyone has the right not to be subjected to any cruel and
  unusual treatment or punishment

Question 14

what is section 13 of the charter

Answer 14

S. 13 A witness who testifies in any proceedings has the right not to
have any incriminating evidence so given used to incriminate that
witness in any other proceedings, except in a prosecution for
perjury or for giving of contradictory evidence.

Question 15

what is section 14 of the charter

Answer 15

s. 14 A party or witness in any proceedings who does not
understand or speak the language in which the proceedings are
conducted or who is hearing impaired has the right to the
assistance of an interpreter.

Question 16

what is section 15 of the charter

Answer 16

15. (1) Every individual is equal before and under the law and has the
    right to the equal protection and equal benefit of the law without
    discrimination and, in particular, without discrimination based on
    race, national or ethnic origin, colour, religion, sex, age or mental or
    physical disability.
    * (2) Section (1) does not preclude any law, program or activity that has
    as its object the amelioration of conditions of disadvantaged
    individuals or groups including those that are disadvantaged because
    of race, national or ethnic origin, colour, religion, sex, age or mental
    or physical disability.

Question 17

what are the 4 principles of fundamental justice

Answer 17

• 1. Right to silence.
• 2. Right of disclosure.
• Crown must make evidence available to defence.
• 3. Right to full answer and defense.
• 4. Not guilty by reason of insanity.