Short Answers Flashcards
List the three points that are included in the Rule of Law.
Rule of Law - law necessary to regulate society
law applies equally to all
people are not governed by arbitrary power
What are the five fundamental reasons why we must have laws?
Establish Rules of Conduct
Provide a System of Enforcement
Protect Rights & Freedoms
Protect Society
Resolve Disputes
Explain the difference between restitution and retribution.
Restitution - the act of making good e.g. returning stolen goods
Retribution - a deserved penalty or punishment for a crime e.g. jail time for repeated theft
Explain the difference between Public Law and Private Law.
Public Law - controls the relationship between governments and the people in society (Criminal, Constitutional, Administrative)
Private Law - outlines the legal relationship between private citizens, and between citizens and organization
Explain how you can tell the difference between a private case and a criminal case by looking at the citation. What are two other pieces of information a citation contains?
Private Citation – Plaintiff vs. Defendant
Public Citation – Regina vs. Defendant
There are three areas of law that are covered under Public Law. Explain each one.
Public Law - Criminal – offences against society e.g. murder, assault
Constitutional - outlines division of powers between federal, provincial and territorial governments, supreme law of the nation
Administrative – controls relationships between citizens and government agencies e.g. LCBO, Workers Compensation Board
Choose 3 types of Private Law and give an example that illustrates what the law covers.
Family Law - outlines relationships between individuals living together as spouses or partners and partners & children e.g. divorce, custody…
Contract Law - outlines requirements for legally binding agreements e.g. breach of contract
Tort Law - deals with wrongs on person commits against another person
Property Law - a set of legal rules that controls the use, enjoyment and rental of property
Labour Law - governs the relationship between employers and employees e.g. minimum wage, working conditions
Wills & Estates - division of assets after death
Explain why the code of Hammurabi is considered to be historically significant.
One of earliest known examples of codified law available for the public to view
Explain the legal influence that the following had upon our modern day justice system: Greek Law (400 BCE), Roman law (450 BCE–100 CE) and Mosaic Law (1300 BCE)
Greek law – first form of democracy, started concept of jury duty
Roman law – promoted public prosecution of crimes, victim compensation, protecting the lower class
Mosaic Law - Ten Commandments are still a foundation for many Canadian laws – e.g. thou shalt not commit murder, thou shalt not commit adultery…
Common law introduced the use of “stare decisis” or the rule of precedent and the use of Case Law. Explain each.
Rule of Precedent - treating similar cases in a similar manner to create consistency and fairness in the legal system
Case Law – recording all cases so that they may be referred to for similar cases in the future
What is the Canadian Constitution? Explain. What is the amending formula for creating changes to the Constitution?
Canadian Constitution – Outlines Canada’s system of government, how Canadians to be governed – the amending formula states that the federal government (House and Senate) along with two thirds of the provinces (7 of 10) with at least 50% of the population must agree upon changes
Explain why it is important that the Canadian Charter of Rights and Freedoms is embedded in the Canadian Constitution.
It is difficult to change the Constitution (amending formula) therefore our important rights and freedoms can’t easily be changed or taken away on a whim by the government of the day.
What are the four fundamental freedoms according to Section 2 of the Charter?
Fundamental Freedoms
Freedom of Conscience and Religion Freedom of Thought, Belief, Opinion and Expression Freedom of Peaceful Assembly Freedom of Association
Explain, in your own words, the reasonable limits clause.
Reasonable Limits Clause - our rights can be infringed upon within reasonable circumstances if it benefits society as a whole
Explain, in your own words, the notwithstanding clause.
Notwithstanding Clause - provincial power to enact legislation that may violate rights guaranteed in the Charter (5 years max.)
Explain three rights that we all have upon being charged with a crime (section 11).
Legal Rights -To be informed without reasonable delay of the offence charged
To be tried within a reasonable time
To be presumed innocent until proven guilty
To not be denied reasonable bail without just cause
Choose two other sections (beside those three mentioned above) and explain what they cover in the Charter of Rights and Freedoms.
Section 10 – Under arrest or detention
1) retain counsel
2) informed why you are detained
3) apply for a writ of habeas corpus
Section 8 – Unlawful Search and Seizure – authorities must have a reasonable cause for a warrant to be issued
Section 6 – Mobility Rights – right to live in work in any province/territory in the country and the ability to enter and leave Canada
Explain the terms stereotyping, prejudice and discrimination. Provide an example to provide a connection between the above three terms.
Stereotyping – a belief about a certain group of people
Prejudice - an unjustified feeling about a person based on their membership in a group
Discrimination - An action (behaviour) that denies the right of a person due to their membership in a group.
Describe the general difference between situations that the Charter provides protection and situations that the Ontario Human Rights Code provides rules/protection.
Charter -Protects citizens’ rights from being abused or infringed upon by the government or government agencies.
OHRC - Protects citizens from discrimination by other citizens or private organizations.
Provide 2 examples of cases/situations showing Charter rights not being abided by.
A Canadian citizen not being allowed to live and work in another province of their liking.
Being arrested by police without cause and not being told why you have been
arrested.
Provide 2 examples of cases where the Ontario Human Rights Code is being violated.
- A private business will not hire you based upon your gender.
- Denied the right to rent an apartment based upon your race.
Describe the symbolism of the Sword, Blindfold & Scales that are part of the depiction of Lady Justice.
Sword – represents the power of the judicial system and how it can be swiftly administered.
Blindfold – Law is blind – no bias, no prejudice, impartiality
Scales – Fairness of the system, all evidence will be weighed equally, both sides of a case heard.
