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22 Cards in this Set
- Front
- Back
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What is Common Law
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common law is a law developed by judges through decisions of courts
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what is Statute law?
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the body of principles and rules of law laid down in statutes
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What are the 3 levels of government?
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federal
provincial municipal |
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Difference between Criminal and Civil law?
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Criminal law - deals with acts of intentional harm r verse the crown
Civil Law deals with disputes between private parties, or negligent acts. |
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When was the Constitution Act passed?
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The constitution act was passed by British Parliament in 1982
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How did the charter of rights and freedoms come about and why is it so important?
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the charter regulates interactions between the federal and provincial government as well as individuals. it is important because it can render individual or inoperative any law's that are inconsistent with its provisions.
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3 Federal statutes are
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department of health act
old age security act seeds act |
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3 provincial statutes are
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far north act
innkeepers act insurance act |
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what is a municipal bylaw?
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shall not infringe on any legislation or regulations in acted by the government. I.e. zoning bylaw
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section 91 of the constitution
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Peace, order and good government.
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section 92 of the constitution
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in each province the legislation may exclusively make laws
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Charter of Rights and Freedoms
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2 freedom of religion, assembly, association, of press and of expressions. freedom of democracy
3 right to vote 7 life' liberty and security 8 right to be secure against unreasonable search and seizure 9 right not to be arbitrarily detained or imprisoned 10 right on arrest or detention 11 any person charged with an offence has the right unreasonable delay, tried in reasonable time, not be compelled to witness,innocent until proven guilty, not to be denied reasonable bail, except in a case under military law, if acquitted of an offence, if found guilty be tried with the law current to the time of the incident. 12 the right not to be subjected to cruelty and unusual punishment 13 no incriminating evidence on someone testifying. 15 every individual is equal in front of the law 24 may apply to court if rights have been infringed on. |
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What is a regulation?
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a regulation is a law passed by an exclusive branch of government
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How are offences classified?
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hybrid
indictable summary |
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What is mens rea?
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a guilty mind
wrongful purpose criminal intent |
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Actus Reus
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Wrongful act or omissions that comprises the physical components of a crime
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What is the difference between Strict liability and Absolute liability?
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a strict liability crime is like speeding, the prosecution does not have to prove you intended to speed, only that at some point your car was travelling faster than the maximum speed.
absolute liability would be something like 1st degree murder, the prosecution must prove the "mens rea" that you planned to kill |
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What is an appeal?
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Apply to the higher court for a reversal of the decision of a lower court
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What is sentencing?
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declaring the punishment decided for an offender
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what is a reasonable search?
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authority by law
law reasonable manner search conduct was reasonable |
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ways to search someone
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executive circumstances
something is in plain view, lawful search and seizure |
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When can you detain someone?
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you may detain someone as long as you are conducting an investigation " you can detain, as long as you can explain why."
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