Short answers Flashcards
4 conditions for an act or omission to be considered a crime
The act is considered wrong by society
The act causes harm to society in general or those who need protection
The harm must be serious
The remedy must be handled by the criminal justice system
What three conditions allow the police to search someone with a warrant?
There must be reasonable grounds a crime is being committed and if the police do not intervene, imminent death or injury may be caused, or lead to the destruction of evidence that would lead to conviction of an indictable offence.
The perpetrator must be caught in the act of committing a criminal offence
There must be a present arrest warrant for the person
Distinguish between duty of care and standard of care.
Duty of care is the legal obligation to foresee who could be harmed by your reckless actions or negligence. Standard of care is the degree or level of care you owe to those you can foresee being harmed by your actions.
Define the following terms and provide an example for each.
Discrimination: making a distinction between people and treating them differently, on the basis of something other than individual merit ( race, religion, gender). Ex. Employers not hiring you because of your race.
Stereotyping: having an oversimplified, standardized, or fixed judgment on a group of people. Ex. All African Americans are criminals.
Prejudice: a preconceived opinion based on a stereotype or inadequate information. Ex. , assuming that an individual is a reckless driver simply because he is a teenage male
Briefly describe the establishment of the BNA act
In 1867, english parliament passed th BNA act which established the dominion of Canada. Under the BNA act all laws passed by the canadian government needed the approval of the british parliament, this changed with the passing of the “Canada act 1982” - Act passed allowing Canada to patriate the constitution.
Three components of public law
Criminal law: the system that deals with people who have committed a crime or offence that society considers unacceptable and deserving of punishment. (Murder, assault)
Administrative law: Laws used to dissolve disputes between government agencies and individuals
Constitutional law: the constitution clearly states the power allowed to the federal and provincial governments, if one of the governments pass a law that is ultra vires, beyond the powers, the court with step in.
Three components of private law
Private law is the law that governs the relationship between individuals and individuals and government.
Tort law: ensures compensations to an individual who has suffered a wrong doing by another individual or organization
Family law: laws that govern marriage and divorce proceedings in court, division of property, custody.
Contract law: : the branch of civil law that provides rules regarding agreements between people and businesses
