SHORT ANSWER QUESTIONS Flashcards
Fully explain common and statute law
Common law is a legal system where judges make decisions based on previous cases, creating a set of unwritten rules known as precedents. Statute law refers to written laws created by a legislative body. These laws are formally debated, voted on, and, once approved, become rules that everyone must follow.
Briefly describe the establishment of the British North America Act
The British North America Act, now the Constitution Act, 1867, brought together Canadian provinces (Canada, New Brunswick, and Nova Scotia) into the Dominion of Canada. It became law on March 29, 1867, and took effect on July 1 of the same year. The act aimed to create a self-governing dominion within the British Empire, outlining the powers of the federal government and provinces. This move toward confederation established the foundation for Canada’s constitution.
What is the purpose of the Canadian Human Rights Act?
The Canadian Human Rights Act aims to prevent discrimination and ensure equal opportunities for everyone in Canada. It prohibits discrimination based on factors such as race, gender, disability, and religion. The act promotes fairness, equal treatment, and the right of all individuals to live and work without facing unjust treatment or barriers.
What are the four conditions that must exist for an act or omission to be considered a crime?
For an act or omission to be considered a crime, four conditions must exist:
The act is considered wrong by society, the act causes harm to society as a whole, the harm must be serious, the remedy must be handled by the criminal justice system
Describe the 3 components of Public Law
Public law consists of three main components:
Constitutional Law: This focuses on the rules and principles that define and organize the structure of government, including the powers and duties of various branches (like the executive, legislative, and judicial branches) and the relationship between the government and its citizens.
Administrative Law:
This deals with the actions and decisions of government agencies, ensuring they operate within the law, follow fair procedures, and act reasonably. It provides a framework for citizens to challenge government decisions
Criminal Law
Criminal law establishes offenses and prescribes punishments for actions considered harmful to society. It involves cases where the state prosecutes individuals for violating laws that are meant to protect public safety and order.
Describe the 3 components of Private Law
Contract Law: This deals with agreements between individuals or entities. It outlines the rules for creating, enforcing, and interpreting contracts, which are legally binding agreements.
Tort Law: Tort law addresses civil wrongs or harms caused by one person to another. It provides a framework for individuals to seek compensation for damages resulting from someone else’s negligent or intentional actions.
Property Law: Property law governs the ownership and use of property. It includes rules related to real property (land and buildings) and personal property (movable possessions), outlining rights, transfers, and disputes.
What 3 conditions must be satisfied for the police to search someone without a warrant?
For the police to search someone without a warrant, three conditions must typically be satisfied:
Arrest must be lawful, the search must be connected to the arrest, the reason for the search must be of reasonable cause
Exigent Circumstances
There should be urgent or emergency circumstances that require immediate action, making it impractical to obtain a warrant. This could include situations where there is a risk of evidence being destroyed, someone’s safety is at risk, or a suspect may escape.
Consent
The individual being searched must voluntarily agree to the search. If the person gives consent, the police can proceed without a warrant. It’s crucial that consent is freely given without coercion.
Describe the three factors that must be proven in an action of negligence
In an action of negligence, three factors must be proven:
Duty of Care: The defendant (the person being sued) must owe a legal duty of care to the plaintiff (the person bringing the lawsuit). This means the defendant had a responsibility to act reasonably to prevent harm to others.
Breach of Duty: The defendant must have failed to meet the standard of care expected in the given situation. This is often described as a breach of duty, where the defendant’s actions or omissions fell below what a reasonably prudent person would have done.
Causation: There must be a direct link between the defendant’s breach of duty and the harm suffered by the plaintiff. The plaintiff needs to show that the defendant’s actions were a substantial factor in causing the injuries or damages.
Distinguish between duty of care and standard of care
Duty of care is the general obligation to prevent harm or to avoid careless action, while standard of care is the specific level of caution expected by a reasonable person. The standard of care helps determine if someone has met their duty of care by acting reasonably in a given situation.
What conditions must be met to succeed with the defence of necessity?
Imminent Danger: The individual must be facing an immediate and serious threat of harm or danger. This threat must be real, imminent, and not hypothetical or potential.
No Reasonable Alternative: The person must demonstrate that there were no reasonable alternatives available to avoid the imminent danger. If there were other reasonable options to avert the harm without breaking the law, the defense of necessity may not apply.
Proportionality: The actions taken in response to the imminent danger must be proportionate and necessary to prevent the harm. The response should not go beyond what is reasonably required to address the immediate threat.
Define the following terms and provide an example for each: discrimination, stereotyping and prejudice.
Discrimination:
Definition: Discrimination is treating someone unfairly or unfavourably based on certain characteristics such as race, gender, age, or religion.
Example: Refusing to hire someone because of their gender or ethnicity is a form of discrimination.
Stereotyping:
Definition: Stereotyping is making assumptions or generalisations about a person or a group based on certain characteristics, without considering individual differences.
Example: Assuming that all individuals of a certain nationality are good at maths is a stereotype.
Prejudice: having a preconceived opinion based on a stereotype
Someone tells you he opinion and you follow it without knowing yourself
