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28 Cards in this Set
- Front
- Back
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Summary Convictions |
Less serious crimes. ex. common assault. First appearance you enter a plea. |
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Indictable offences |
Up to life imprisonment. |
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Libel |
A published false statement that is damaging to a person's reputation |
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Slander |
The action or crime of making a false accusation or statement damaging to someone's reputation |
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**What are the 4 sources of law? |
Legislation, Convention or Custom, Common and the Constitution (of 1867 and 1982) |
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Tort |
Something done to someone else |
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Cause of Action |
Innuendo/ Defamatory Meaning, Identification, Publication |
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Publication |
communicating to someone other than the plaintiff |
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Limitations |
2 year limitation for defamation.within 3 months of learning, you have 3 months to give notice and the publication can apologize within those 7 days of you asking. |
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The Defamation Act |
excluded anything online proving defamatory meaning and identification. Justification, consent, fair comment, absolute privilege, public interest, neutral reportage. |
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Justification |
Truth. Hard to prove. Must have evidence. Be careful of assumptions. |
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Consent |
full and informed. ex. the guy who sued over the radio call. |
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Fair Comment |
Protects right to opinions and interpretations. Must clearly be comment. Provable facts. Public Interest. Could any person express that opinion on proved facts? |
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What is Malice? |
Author acted intentionally to harm subject of comment |
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Absolute Privilege |
Defence protects statements made in certain forums: Parliament, Legislature, Courts. |
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Qualified Privilege |
ex. Cops, social workers, not journalists. Make statements as part of their job. |
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Neutral Reportage |
Media can report on allegations, publish the existence of controversy. Fact of allegation. |
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Damages |
General= $ |
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Onus |
Responsibility, burden, obligation, duty. Transient in circumstance. |
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Court Queen's Bench |
superior court of Alberta |
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Crown Prosecutor |
case names are referred to as the Crown vs accused person |
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All offences are either...? |
summary convictions or Indictable offences |
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Summary Offences |
first appearance. Appear. Enter Plea. If plead is Not Guilty, set a Trial Date. |
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Preliminary Inquiry |
Determines if there is enough of a case for the Crown to try and prosecute before a Court. |
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Who has the right to Appeal |
Both the Accused and Crown |
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Appeals to Supreme Court |
only of national significance, or certain criminal cases. |
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Criminal Law |
prohibition and penalty. Act of forbidding something. |
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Civil Law |
Private Disputes |
