Short Answers

Question 1

List the three points that are included in the Rule of Law.

Answer 1

Rule of Law - law necessary to regulate society
law applies equally to all
people are not governed by arbitrary power

Question 2

What are the five fundamental reasons why we must have laws?

Answer 2

Establish Rules of Conduct
Provide a System of Enforcement
Protect Rights & Freedoms
Protect Society
Resolve Disputes

Question 3

Explain the difference between restitution and retribution.

Answer 3

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

Question 4

Explain the difference between Public Law and Private Law.

Answer 4

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

Question 5

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?

Answer 5

Private Citation – Plaintiff vs. Defendant
Public Citation – Regina vs. Defendant

Question 6

There are three areas of law that are covered under Public Law. Explain each one.

Answer 6

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

Question 7

Choose 3 types of Private Law and give an example that illustrates what the law covers.

Answer 7

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

Question 8

Explain why the code of Hammurabi is considered to be historically significant.

Answer 8

One of earliest known examples of codified law available for the public to view

Question 9

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)

Answer 9

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…

Question 10

Common law introduced the use of “stare decisis” or the rule of precedent and the use of Case Law. Explain each.

Answer 10

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

Question 11

What is the Canadian Constitution? Explain. What is the amending formula for creating changes to the Constitution?

Answer 11

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

Question 12

Explain why it is important that the Canadian Charter of Rights and Freedoms is embedded in the Canadian Constitution.

Answer 12

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.

Question 13

What are the four fundamental freedoms according to Section 2 of the Charter?

Answer 13

Fundamental Freedoms

Freedom of Conscience and Religion
Freedom of Thought, Belief, Opinion and Expression
Freedom of Peaceful Assembly
Freedom of Association

Question 14

Explain, in your own words, the reasonable limits clause.

Answer 14

Reasonable Limits Clause - our rights can be infringed upon within reasonable circumstances if it benefits society as a whole

Question 15

Explain, in your own words, the notwithstanding clause.

Answer 15

Notwithstanding Clause - provincial power to enact legislation that may violate rights guaranteed in the Charter (5 years max.)

Question 16

Explain three rights that we all have upon being charged with a crime (section 11).

Answer 16

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

Question 17

Choose two other sections (beside those three mentioned above) and explain what they cover in the Charter of Rights and Freedoms.

Answer 17

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

Question 18

Explain the terms stereotyping, prejudice and discrimination. Provide an example to provide a connection between the above three terms.

Answer 18

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.

Question 19

Describe the general difference between situations that the Charter provides protection and situations that the Ontario Human Rights Code provides rules/protection.

Answer 19

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.

Question 20

Provide 2 examples of cases/situations showing Charter rights not being abided by.

Answer 20

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.

Question 21

Provide 2 examples of cases where the Ontario Human Rights Code is being violated.

Answer 21

• A private business will not hire you based upon your gender.
  
  • Denied the right to rent an apartment based upon your race.

Question 22

Describe the symbolism of the Sword, Blindfold & Scales that are part of the depiction of Lady Justice.

Answer 22

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.