Unit One

Question 1

amending formula

Answer 1

The procedure to change Canada’s Constitution without the involvement of the British Parliament

Question 2

appeal

Answer 2

A request to have a higher court determine whether mistakes were made by a lower court or tribunal. The higher court may affirm, vary or reverse the original decision

Question 3

bill

Answer 3

A proposed law; a draft form of an act or statute.

Question 4

case law

Answer 4

The collection of past legal decisions written by courts and similar tribunals in the course of deciding cases, in which the law was analyzed using these cases to resolve ambiguities for deciding current cases. These past decisions are called “case law”, or precedent.

Question 5

citation

Answer 5

The practice of crediting and referring to authoritative legal documents and sources. Allows researchers to identify and locate sources by providing maximum information in an efficient and consistent manner.

Question 6

civil law

Answer 6

A term for private law governing the relationship between individuals; also a term for the legal system in Quebec (code civil), based on Roman law, as distinct from English common law.

Question 7

civil rights

Answer 7

The rights of citizens (e.g. to political and social freedom and equality) which limit the power a government has over its citizens; as in the rights guaranteed in the Canadian Bill of Rights and the Canadian Charter of Rights and Freedoms.

Question 8

code of Hammurabi

Answer 8

The Hammurabi code of laws were a collection of 282 rules, which established standards for commercial interactions, and set fines and punishments to meet the requirements of justice.

Question 9

common law

Answer 9

The body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. The defining characteristic of “common law” is that it arises as precedent.

Question 10

defendant

Answer 10

In criminal law, the person is charged with an offence. In civil law, the party is sued.

Question 11

habeas corpus

Answer 11

A legal right that requires a person to be brought to court to determine if he or she is being legally detained. The right to of protection against unlawful detention. From the Latin term meaning: “Show me the body.” - i.e. there must be grounds for detention.

Question 12

jurisdiction

Answer 12

the official power to make legal decisions and judgments

Question 13

lobby

Answer 13

To seek to influence the government to pass laws that would support one’s cause, to benefit the organization the lobbyist represents. Many lobbyists are paid by a company or institution.

Question 14

patriation

Answer 14

This is the political process that led to full Canadian sovereignty, culminating with the Constitution Act, 1982.

Question 15

plaintiff

Answer 15

In civil law, the party suing.

Question 16

precedent

Answer 16

A legal decision that serves as an example and authority in subsequent similar cases. The basis for the rule of precedent - the legal principle in which similar facts result in similar decisions.

Question 17

private law

Answer 17

This type of law sets the rules between individuals. It is also called civil law. Private law settles disputes among groups of people and compensates victims, as in the example of the fence. A civil case is an action that settles private disputes.

Question 18

procedural law

Answer 18

This type of law encompasses legal rules governing the process for settlement of disputes (in both criminal and civil domains).

Question 19

public law

Answer 19

This domain of law sets the rules for the relationship between the individual and society. If someone breaks a criminal law, it is seen as a wrong against society. It includes:

criminal law, which deals with crimes and their punishments

constitutional law, which defines the relationship between various branches of government, as well as between federal and provincial governments; it also limits the exercise of governmental power over individuals through the protection of human rights and fundamental freedoms

administrative law, which deals with the actions and operations of the government

Question 20

rehabilitation

Answer 20

The action of restoring someone to health or normal life through training and therapy after imprisonment

Question 21

restitution

Answer 21

The act of making good, restoring (e.g. returning something stolen to its rightful owner or compensating in another way). A sentencing objective.

Question 22

retribution

Answer 22

A deserved penalty or punishment for a wrong or crime. Vengeance. A sentencing objective.

Question 23

rule of law

Answer 23

The fundamental principle that society is governed by law that applies equally to all persons and that neither an individual nor government is above the law.

Question 24

statute

Answer 24

Laws or acts passed by a government body, such as Parliament or a provincial legislature.

Question 25

substantive law

Answer 25

This type of law sets out the rights and obligations of members of society.

Question 26

tort

Answer 26

A wrong or injury (other than a breach of contract) may be intentional or unintentional. The basis for a branch of civil law - tort law.

Question 27

Armory v Delamirie

Answer 27

Armory was a chimney sweep’s boy who found a jewel in a ring setting. He took the jewel to Delamirie’s goldsmith shop to obtain a valuation of the item. An apprentice, the agent of Delamirie, surreptitiously removed the gems from the setting on the pretence of weighing them. The apprentice returned with the empty setting and informed Armory that it was worth three halfpence. The apprentice offered to pay him for it but Armory refused and asked the apprentice to return the stones and setting in their prior condition. The apprentice returned the socket of the jewel without the gems. Armory brought an action against Delamirie in trover (via respondeat superior for the actions of his apprentice).

The judge ruled in favour of Armory, determining that Armory should be awarded the monetary equivalent of the finest jewel that would fit the ring setting unless the defendant could show that the actual jewel was worth less.

Question 28

Bridges v. Hawkesworth

Answer 28

Plaintiff found banknotes on the floor of Defendant’s shop and left the notes with Defendant to return to the proper owner, when the notes were unclaimed after three years, asked that the notes be given to Plaintiff, a request which Defendant refused.

The fact that the banknotes were found on the floor of Defendant’s shop was insufficient for Defendant to retain possession.

Question 29

Elwes v. Brigg Gas Co.

Answer 29

A prehistoric boat was found by a tenant (Elwes) six feet below the surface of the land.

The court held that the boat belonged to the land owner (Brigg Gas Co.

Question 30

South Staffordshire Water Co. v. Sharman

Answer 30

The defendant, [Sharman] found 2 gold rings in a pond belonging to South Staffordshire Water Co. which is legally considered private property. The company argues that because Sharman is an employee of them, then anything found by him on their property rightfully belongs to them and not the defendant. Sharman argues that the company was unaware of the ring’s existence, therefore he should get to keep them.

Question 31

Hannah v. Peel

Answer 31

Plaintiff, who was a soldier staying in the house owned (but not occupied) by Defendant, found a brooch and then gave the brooch to the police who later, after not finding the rightful owner, gave the brooch to Defendant, who then sold the brooch.

Because Defendant was not physically present in the house at any time, Plaintiff’s find was defensible against all parties except the rightful owner.

Question 32

Hibbert v. McKiernan

Answer 32

The defendant collected lost balls on a golf course owned by a golf club. He then sold the balls to golfers coming onto the ground. He did not have permission to be on the golf course or to collect the balls. The golf club had warned him on previous occasions not to do this and had made efforts to prevent his activities with the erection of high fences and informing the police of his activities. The police patrolled the area and caught him in the act. He was convicted of theft and appealed.

His conviction for theft was upheld. The golf club had exercised sufficient control demonstrating both an intention to control for possession and an intention to exclude others. As a trespasser, the defendant could not demonstrate a better right to the balls.

Question 33

BIRD V. FORT FRANCES

Answer 33

Bird finds a can of money under a billiard hall, and brings the money home to his mother, who puts it under the couch for safekeeping. The bird then spends some money and is questioned by the police. He explains the situation to the police, who come to Bird’s home, and his mother turns over money. The police keep money in trust for the rightful owner, who is never discovered. Bird sues the city for return of money.

Judgement for the plaintiff in the amount of $1,430, together with the interest accrued on the account, payable when he reaches age 21. Bird was found as the ‘true finder’, since the money was found on private property with NO owner.

Question 34

Grafstein v. Holme & Freeman

Answer 34

Employee finds locked box covered in stuff in the basement
The employee asks what to do with it, employer says “It’s not mine, you might as well just leave it on a shelf”
Later employees bust it open, find money
Advertise, no owner comes forward
The store owner claims the money

The store owner gets the money. Not a cache or abandoned, the box was lost and therefore in the realm of finders

Question 35

Parker v. British Airways Board

Answer 35

A passenger named Parker discovered a gold bracelet on the floor of an executive lounge at Heathrow Airport. He handed it to the owners of the land (British Airways Board) to search for the original owner, requesting that the item be returned to him should they fail to do so. When British Airways Board sold the unclaimed bracelet for £850, Mr Parker sued for damages, challenging their claim to the bracelet. During the first instance, he was successful and was awarded £850 as damages along with £50 as interest.

The court upheld Mr Parker’s claim, as the bracelet was noticed in an area frequented by the public that the British Airways Board did not exercise sufficient jurisdiction over.

Question 36

Interpretation

Answer 36

Changing the law to better fit the constitution.

Question 37

Striking Down

Answer 37

Ruling that the law, as it stands, is unconstitutional, and is no longer in force.

Question 38

Reading Down

Answer 38

Ruling that most of the law is constitutional, but that the definition or wording of certain sections must be narrowed in its meaning or application.

Question 39

Reading In

Answer 39

Adding words to make the law constitutional.

Question 40

Applying Law

Answer 40

Comparing principles and rulings from a previous case as a base to resolve a current case. This occurs when the facts and legal issues in the new case are similar to those in the precedent case, and the court views the previous decision as relevant and applicable.

Question 41

Distinguishing Law

Answer 41

Finding and drawing attention to significant differences in the facts or events between a prior case and the current one, rendering the earlier ruling inapplicable. Distinguishing allows courts to avoid applying a precedent that might not fit due to differences, even if the cases share certain similarities.