Short answers

Question 1

Fully explain common and statute law.

Answer 1

Common Law: Law that Developed in the English Courts; relies on cas law and is common to all people; also known as “English Common Law”

Statute Law: Laws passed by government (Permitted to reform laws as need arises) Once a statute is passed, it replaces any previous common laws. Statues can be changed by the same legislative body.

Question 2

What is the purpose of the Canadian Human Rights Act?

Answer 2

The purpose of the human rights act is to extend laws in Canada to give effect, to the principle that all individuals should have an opportunity equal to other individuals to make for themselves the life that they are able and wish to have. As well, to have their needs accommodated, consistent with their duties/obligations as a member of society, without being discriminated against prevented based on gender, race, religion, age, sex, sexual orientation, or for a offense for which a pardon has been granted. Etc…

Question 3

What are the four conditions that must exist for an act or omission to be considered a crime?

Answer 3

1. The act is considered wrong by society
2. The act causes harm to society in general
3. Harm must be serious
4. The remedy must be handled by the criminal justice system

Question 4

Describe the 3 components of Public Law

Answer 4

Criminal Law: The system that deals with people who have committed a criminal offense against society.
Administrative Law: Law used to resolve disputes between government agencies and individuals

Constitutional Law: The constitution clearly states the powers of the provincial governments. If one of these branches of government passes a law that is “Ultra-vires” - Beyond the powers, the courts will step in.

Question 5

Describe the 3 components of Private Law

Answer 5

.
Contract Law: Specific legal binding agreements: To enter into a contract, the parties
a.) enter into the contract voluntarily
b.) Be sound of mind
c.) Must intend to create a legal relationship
*Must be 18+
Tort Law: A tort is a civil or private wrong committed by one person against another
Family Law: The federal government has power over marriage and divorce, while the provincial government has powers over the solemnization of marriage.
(Ex. Legal age, restrictions, and the ceremony)

Question 6

What 3 conditions must be satisfied for a police to search someone without a warrant

Answer 6

1. Must be on reasonable grounds. This means your beliefs about something are based on more than feeling or suspicion
2. They have discovered the person in the act of the crime
3. They have a warrant already out for their arrest.

Question 7

Distinguish between Duty of care and standard of Care

Answer 7

Duty of Care: The obligation to foresee and avoid actions that might cause harm to others

Standard of Care: The degree of caution, and level of conduct expected of a reasonable person.

Question 8

Define the following terms and provide an example for each: discrimination, stereotyping, and prejudice.

Answer 8

Discrimination: Making a distinction between people and treating them differently on a basis other than individual merit.
Ex. Workplace makes a rule that women are not allowed to be hired into the field.

Stereotyping: Having an oversimplified standardized or fixed judgment of a group of people.
Ex. Guys are better at math, while girls are better at English

Prejudice: A preconceived opinion based on a stereotype or inadequate information.
Ex. Assuming that an individual is a reckless driver because he is a teenage male.