Quiz 1

Question 1

What are the characteristics of an effective justice

system?

Answer 1

 an independent, impartial judiciary;
 the presumption of innocence;
 the right to a fair and public trial without undue delay;
 a rational and proportionate approach to punishment;
 a strong and independent legal profession;
 strict protection of confidential communication
between lawyers and clients;
 equality of all before the law

Question 2

Law Definition

Answer 2

A rule that a particular country or society creates and
recognizes as regulating the actions of its members and
enforced by governments

Question 3

Sources of Law

Answer 3

Legislation and Case Law

Question 4

Laws created by 3 levels of government

Answer 4

 Federal (Canada-wide usually called ‘Acts’)
 Provincial (applying to that province, ‘Acts’ or ‘Codes’)
 Municipal (applying to a particular city or town called ‘By-laws’).

Question 5

Legislative Authority

Answer 5

• The Constitution Act, 1867 since 1982
• Federal Powers (Section 91, overflow provision states that if it is not listed elsewhere then it belongs to the feds)
• Federal Powers (Sections 92, 92A, 93, & 109)

Question 6

Amending Formula

Answer 6

 Requires federal government and 2/3’s of the provincial
governments for change to occur
 Which equals the feds and 7 of 10 provinces and the 7
provinces must contain at least 50% of the country’s
population

Question 7

Alternative Fuels Act, S.C. 1995, c. 20

Answer 7

‘Alternative Fuels Act’ is the title

‘S.C.’ stands for Statutes of Canada

‘1995’ is the year it was created and it will be found in the 1995 volume of laws

‘c. 20’ means you will locate it in Chapter 20 of that year

Question 8

Common law

Answer 8

the body of law made by judges via case law decisions which become legal precedents for other decisions

Question 9

Case Law

Answer 9

 refers to the decisions that judges make after they hear about a dispute in court
 can clarify what has been written in statutes ,&/or add to a common law area, or develop new law

Question 10

Written judicial decisions often include:

Answer 10

 A brief description of fact
 A review of any relevant statute and other case law
 The judge’s decision and reasons for the decision

Question 11

Precedent:

Answer 11

 a legal case establishing a principle or rule that a court or other
judicial body may, in some cases must, utilize when deciding
subsequent cases with similar issues or facts
 used to ensure that common disputes are resolved in common
ways
 a tool to ensure fairness in the legal system as well as flexibility.

Question 12

stare decisis

Answer 12

the legal principle that requires lower courts to
stand by/follow the legal precedents (case law) of upper
courts; decisions of higher courts are binding on lower courts

Question 13

Motion

Answer 13

a request for a decision on a procedural issue arising during trial

Question 14

Appeal Courts

Answer 14

 Do not hear evidence from witnesses
Judges listen to oral submissions of lawyers about what went
on at the trial level and why, in lawyer’s opinion, it was/was
not reasonable or correct
 Often a panel of 3 judges who discuss the issues amongst
themselves before deciding

Question 15

Judicial Independence

Answer 15

Judges are not easily removed from their
jobs – security of tenure, remuneration,
and administrative independence

Question 16

Appeal Process

Answer 16

-A case is brought to trial at a trial court/lower court in a
province or territory

-The trial judge hears the evidence and the arguments of
both side, makes a decisions and states orally or puts it in writing

-The judge is thought to be wrong (if judge made a gross error in determination of facts or evidence, or made a mistake on the law known as an error in law)

-The documents for the appeal are put together by the
lawyers which will include the transcript and lawyers reasons why the judge made an error.

• The appeal courts decide whether they will hear the appeal
• If they decide to hear the appeal, the appeal courts do not hear evidence over again. They make their decision based on
  the written record and the lawyers arguments.

Question 17

The Police

Answer 17

 Agents of society

 Investigate crime

 Use their discretion in deciding to lay charges against an accused

 Can lay charges if they have ‘r&pg’ – ‘reasonable and probable grounds’ to believe that the accused did the crime

 Document they use to lay charges – the “Information”

Question 18

The Prosecutor

Answer 18

Lawyer represent the Queen and society

must give the accused full disclosure of the case against him

Question 19

The Defence Counsel

Answer 19

Lawyer represents the Accused

accused is entitled to a lawyer

does not have to give disclosure to the Prosecutor

Question 20

Onus

Answer 20

whose job it is to prove the case – the responsibility for
proving something;

criminal: onus is on the Crown

Civil: onus is on person bringing the case

Question 21

Standard of proof

Answer 21

the degree to which something must be
proven

Criminal: ‘beyond a reasonable doubt’

Civil: ‘Balance of Probabilities’

Question 22

Civil Action

Answer 22

People sue each other (or a corporation) because they feel they have been harmed by the behavior or lack of behavior of the other

Question 23

Administrative

Answer 23

• Specialty boards, tribunals, agencies, administrators

-Administrative “bodies” must stick to powers given by
legislation or are ‘ultra vires’

-duty of fairness guaranteed by the ‘rules of natural
justice’=
1. Right to know the case against them
2. Right to respond
3. Right to have impartial decision-maker

Question 24

Torts

Answer 24

Reasons why people might sue each other or legal justifications for suing someone

‘causes of actions’

Question 25

Unintentional torts

Answer 25

a civil wrong from an unintentional act

Question 26

Intentional torts

Answer 26

a civil wrong from an intentional act

Question 27

Strict liability torts

Answer 27

a civil wrong where intention does not matter, activity is

inherently dangerous

Question 28

Contract Law (torts)

Answer 28

legal agreements which include:

• An offer (often negotiation ensues);
• Acceptance of the offer; and,
• Consideration (payment of some sort)

Question 29

Legislative Rights/Violations

Answer 29

rights given under specific pieces of legislation that, if breached, allow people to sue

Question 30

Liable

Answer 30

legally and/or financially responsible

Question 31

Vicarious Liability

Answer 31

where an employer or company is liable for the wrongful or negligent actions of its employees

Question 32

Negligence

Answer 32

• ‘unintentional’ tort
• Usually arises when someone is injured because someone else has been careless

3 key elements in a tort of negligence:

1.The person being sued owed a duty of care to the person who was harmed

2.D’s harmful behaviour fell below the standard of care of a reasonably
careful/prudent person; and,

3.The harm was caused by the lack of care

Question 33

thin skull rule

Answer 33

• you take your victim as you find them

- cannot say she already had an injury when I hit her

Question 34

Family Law

Answer 34

marriage

divorce

spousal & child support (need and ability to pay)

division of ppty

child custody & access (best interest of the child)

Within both provincial and federal legislation

Question 35

Child Welfare

Answer 35

‘a child in need of protection’

Gives rights to police and child protection workers to remove children if need be

Judges will decide what is in the ‘best interest of the child’