Introduction To Canadian Law Exam Review

Front 1

What are the 4 Main Functions of the Law

Back 1

1.) To help resolve disputes peacefully

2.) To establish rules of conduct

3.) To protect rights and freedoms

4.) To provide protection for all members of society

Front 2

Substantive Law Definition

Back 2

Consists of all laws that list the rights and obligations of each person in society.

(Also known as the "Substance of the Law")

Front 3

Procedural Law Definition

Back 3

Outlines the steps involved in protecting the rights given under substantive law.

(Also known as the "Process of Law")

Front 4

Public Law Definition

Back 4

Controls the relationships between governments and the people who live in society. It represents laws that apply to all individuals.

Front 5

Criminal Law Definition

Back 5

A set of rules passed by parliament defining acts called "crimes" considered to be offences against society.

Front 6

Constitutional Law Definition

Back 6

The laws that set out the structure of the federal provincial, territorial governments and the division of powers amongst them.

Front 7

Administrative Law Definition

Back 7

The area of law that controls the relationship between citizens and governments. (E.g. LCBO)

Front 8

Private Law Defintion

Back 8

Law that controls the legal relationships between citizens, and between citizen organizations (Also known as civil law)

Front 9

Family Law Definition

Back 9

Law that deals witht the relationships between individuals living together as spouses or partners and between parents and children.

Front 10

Retribution Definition

Back 10

Means a deserved penalty for a wrong/ crime or vengence.

Front 11

Restitution Defintion

Back 11

Means that the offender should restore something that was damaged to it's rightful condition, or return something that was taken unlawfully to it's rightful owner.

Front 12

Tort Law

Back 12

Outlines the area of law that
holds a person or organization responsible
for the damage caused by their actions
against another person

- Deals with wrongs that one person committs against another person

Front 13

Statue Law

Back 13

Sets out the structure of the federalm provincial, and territorial governments.

Front 14

Common Law

Back 14

It is the law based on judges' trial decisions, precedent, and reported case law. It is distinct from the statute law by the governments and it serves as a major part of Canadian law today.

Front 15

Precedent (stare decisis)

Back 15

A legal decision that serves as an example and authority in sibsequent similar cases. It is the basis for the rule of precedent (the legal principal in which similar facts result in similar decisions)

Front 16

Rule of Law

Back 16

That all people, including the king, had to obey the same laws; no one was above the law.

Front 17

Code of Hammurabi

Back 17

one of the earliest known sets of written laws, recorded by King Hammurabi of Babylon in 1750 BCE

Front 18

Name of Canada's First constitution and when it was passed

Back 18

British North America Act.

- Passed on July 1st 1867

Front 19

Why the statute of Westminister of 1931 was significant to Canada's constitution?

Back 19

- It gave Canada the freedom to pass laws which applied to its own domestic and foeriegn affairs and Britain could no longer overrule Canada

Front 20

What is the significance of sections 91 and 92 of Canada's constitution?

Back 20

It divided the powers and responsibilities between the federal and provincial governments

Front 21

Bill

Back 21

A proposed law, a draft form of an act or statue

Front 22

Law (Act)

Back 22

A rule to govern action, a rule of conduct established by the government for society to follow and obey

Front 23

Royal Assent

Back 23

When the crown (lietenant governer) approves of a proposed law and it is read out to the legislalature by the clerk

Front 24

Procolammation Date

Back 24

A specified day when the law is to be set into place and take force

Front 25

Trial by Combat

Back 25

Nobles fought in a duel. It was believed God would determine who was right. If the accused was killed in a criminal case, the verdict was guilty. (Even if wounded but lost the duel he would be hanged immediately)

Front 26

Trial by fire

Back 26

The accused had to hold a red hot iron. The hand was then wrapped in cloth and uncoveed after 3 days. If the burn had healed the accused was innocent and if not they were found guilty.

Front 27

Human Rights

Back 27

Rights tht protect people from being unfairly discriminated against by other individuals

- This legislation cannot control stereotyping or prejudice

Front 28

Conciliation

Back 28

Where the complainant and respondent meet with the investigator in attempt to settle the dispute to resolve the complaint of discrimination

Front 29

Tribunal

Back 29

Also known as a board of inquiry.

It is a panel of people who are appointed by the governemnt and the ON human rights commission to hear the sides of the story and decide on a settlement.

Front 30

Read Down

Back 30

To rule the law is generally acceptable, but is unacceptable in the case before the court.

Front 31

Right

Back 31

Refers to what a person is permitted to do.

Front 32

Freedom

Back 32

- Refers to the power a person has to act without unfair interference by an individual or the state.Acts that are free of coecrion and constraints...

Front 33

Respondent

Back 33

Person accused of discrimination

Front 34

Strike Down

Back 34

To rule that the law is invalid and no longer in effect

Front 35

Civil rights legislation controls the power of the...

Back 35

Government over citizens

Front 36

Complainant

Back 36

The person who files the complaint of discrimination

Front 37

Human rights legislation controls the power of the...

Back 37

Individual over the citizens

Front 38

Direct

Back 38

(intentional)Discrimination - Refers to a practice or behaviour that is overt and clearly discriminatory

Front 39

Social Group

Back 39

Common categories people identify with...

Front 40

Constructive

Back 40

Unintentional discrimination

-- Occurs when a seemingly neitral requirement has a negative impact on an individual or group

Front 41

Hate Crime

Back 41

Usually violent, prejudice motivated crime that occurs when a perpetrator targets a victim because of his or her perceived membership in a certain social group.

- Considered a criminal offence under section 318 and 319 of the Criminal code of Canada

Front 42

What tragic World War Two event sparked the movement toward legislation which would guarantee the rights and freedoms of all Canadians.

Back 42

The holocaust and the murders of millions of innocent people

Front 43

What Prime Minister is credited with first introducing legislation designed to protect one's rights and freedoms?

Back 43

John Diefenbaker

Front 44

What is the name of the federal civil liberties which was passed in 1960?

Back 44

Canadian Bill of Rights

Front 45

Briefly explain two key weaknesses of the Canadian Bill of Rights legislation

Back 45

1. The Canadian Bill of Rights is a federal statue; and therefore applies only to matters falling under federal jurisdiction.

2. The Canadian Bill of Rights is a statue and therefore, not only could parliament change it at any time, but because one statue can overrule another statue, their effectiveness is not guaranteed.

3. The Canadian Bill of Rights also did little to protect equality rights.

Front 46

What piece of constitutional legislation concerning rights and freedoms, introduced in 1982, was designed to correct these weaknesses.

Back 46

The Canadian Charter of Rights and Freedoms

Front 47

What Prime MInister of Canada is credited with introducing this constitutional legislation concerning the rights and freedoms in1982?

Back 47

Pierre Elliot Trudeau

Front 48

Section 1 of the Charter is also known as...

Back 48

The reasonable limits clause

Front 49

Section 33 of the charter is known as...

Back 49

The not withstanding clause

Front 50

What is the name of Canada's federal statue which was created to deal with cases of discrimination?

Back 50

Canadian Human Rights Act

Front 51

In Ontario what is the name of the provincial statue which was created to deal with cases of discrimination?

Back 51

Ontario Human Rights Code

Front 52

In Ontario, what is the name of the provincial organization which was created to deal with cases of discrimination?

Back 52

Ontario Human Rights Commission

Front 53

List some of the "prohibited grounds of discrimination" under Ontario's human rights statue.

Back 53

Race
Colour
Ancestry
Creed (religion)
Place of Origin
Ethnic Origin
Citizenship
Sex (including pregnancy, gender identity)
Sexual Orientation
Age
Marital Status
Family Status
Disability
Receipt of Public Assistance

Front 54

Stereotype - Definition

Back 54

– Refers to an over-simplified, false, or generalized belief about a group of people.

- It is when you apply characteristics, assumed to belong to one member of a group to all members of a group.

Front 55

Prejudice - Definition

Back 55

- Refers to any preconceived attitude or feeling, favourable or unfavourable formed about a group of people beforehand or without knowledge, thought or reason.

- It is when you apply characteristics, assumed to belong to a certain group to on member of that group.

Front 56

Direct Discrimination - Definition

Back 56

(Intentional)Refers to a practice or behaviour that is overt and clearly discriminatory.

Front 57

Constructive Disrimination - Definition

Back 57

(Unintentional) - Occurs when a seemingly neutral requirement has a negative impact on an individual or group

Front 58

Crime

Back 58

Any act, omission, or state of being that is prohibited and punishable by a federal statue

Front 59

Intent

Back 59

refers to the desire to carry out certain actions, and the ability to foresee the results.

Front 60

Motive

Back 60

The rationale for committing an offence.

Front 61

Reckless

Back 61

When a person foresees the possibility of a harmful consequence, and then takes the risk in the hope that the harm will not result. The person must understand the risks of their actions and proceed to act anyways.

Front 62

Due diligence

Back 62

A defence that the accused took reasoanble care not to commit the act or that the accused honesty believed his or her actions were innocent

Front 63

Conspiracy

Back 63

refers to an agreement between two or more people to carry out an illegal act. (Requires serious intention)

Front 64

Accesory After the Fact

Back 64

Is someone who helps a person who has committed a crime to escape detention or capture. (Includes providing food, clothing, money, or shelter)

Front 65

Culpable Homicide:

Back 65

A killing which the accused can be held legally responsible (1st and 2nd degree)

Front 66

Non-Culpable:

Back 66

A killing which a person cannot be held legally responsible (accident or self-defence)

Front 67

First Degree Murder

Back 67

the killing of another person that is planned and deliberate, in which the victim is a law enforcement agent, or that is related to committing or attempting other crimes that are particularly offensive to society (e.g., hostage taking, sexual assault, hijacking an airplane)

Front 68

Infanticide

Back 68

The killing of a newborn baby by his or her mother

Front 69

Mens Rea

Back 69

Means “guilty mind”. Must also be shown that the accused intended to commit the offence. The concept of mens rea requires that a certain state of mind must exist at the time of the crime.

In their mind, a person must foresee the consequences of their conduct and be aware of the circumstances included in the definition of the crime.

Front 70

Actus Reus:

Back 70

Actus Reus: Means “wrongful deed”. Must be shown that the person committed an act prohibited by law.

Front 71

AggravatedSexual Assault

Back 71

A person who while committing sexual assault wounds, maims, disfigures, or endangers the life of the victim.

Front 72

Theft

Back 72

The act of taking another person's property with the intent to deny the owner the enjoyment of the goods

Front 73

Onus

Back 73

The burden of proof which falls on the crown during criminal trials

Front 74

Robbery

Back 74

The threat or use of violence, force, or fear while committing theft

Front 75

Break and Enter

Back 75

A) To break any part, internal or external or open anything that is used to close ot to cover the opening -- B) enters by a part of a person's body or instrument used is within anything being entered

Front 76

Arson

Back 76

Intentionally or recklessly causing damage to a property by fire or explosion

Front 77

Trafficking

Back 77

- Intent to sell, give, administer, transport, send, deliver or distribute a controlled substance

- To sell authorization to a controlled substance or to offer to do any of the above

Front 78

Abduction

Back 78

The illegal, forced removal of an unmarried person under the age of 16 from the person who has lawful care of the child

Front 79

Restricted weapon

Back 79

Object used to injure, kill, threaten , or intimidate another person that require the owner to have a permit.

Front 80

Controlled Substance

Back 80

Any material both illegal and legal drugs listed in the Controlled Drugs and Substances Act

Front 81

Motor Vehicle

Back 81

Any vehicle that is drawn, propelled, or driven by any means other than muscular power

Front 82

Aid

Back 82

Means to assist the principal offender in the commission of a crime

Front 83

Abet

Back 83

To encourage the principal offender in the commission of a crime.

Front 84

Posession

Back 84

Having knowledge or control over an illegal drug or weapon or if found on the person

Front 85

Summary Conviction Offences

Back 85

• Minor offences (E.g. traffic offences)
• If choosing to plead guilty, the accused is not required to appear in court unless requested to do so by the judge. However, entering a plea of not guilty requires going to court
• Trials can’t proceed if more than 6 months elapsed between the alleged act and commencement of prosecution for the crime
• Maximum penalty for most is $2000 and/or 6 months imprisonment

Front 86

Indictable Offences

Back 86

• More serious offences (Murder, manslaughter, rape)
• The accused is required to appear in court even if they choose to plead guilty. (Type of court varies)
• No time limit for having charges laid against you
• Minimum/ Maximums penalties which are typically imposed at the discretion of the trial judge

Front 87

Hybrid (Dual Procedure) Offences

Back 87

• Those which can be punished as a summary or indictable offence, at the discretion of the Crown.
• Treated as indictable until the charge is laid in court. Court appearance is mandatory even if the crown eventually chooses to proceed summarily.
• Examples: Forgery, resisting arrest, failure to appear, etc.

Front 88

Arrest Warrant

Back 88

A document issued by the court which gives police authorization to arrest the accused.

Front 89

Detain

Back 89

Legally depriving a person of thei rliberty for the purpose of asking questions, with or without the use of physical restraint.

Front 90

Arrest

Back 90

Legally depriving a person of their liberty for the purpose of charging them with a criminal offence

Front 91

Search Warrant

Back 91

A document issued by the court which gives the police authroization to search a specific location.

Front 92

Information

Back 92

A statement given under oath, informing the court details concerning a particular offence

Front 93

Show-cause Hearing

Back 93

A court date where the accused will attempt to convince the judge that the accused should stay in custody pending their trial

- (Reverse Onus) the burden of proof lies on the accused during bail hearings ti prove why they should be released until their trial

Front 94

Bail

Back 94

The temporary release of an accused person who posts a sum of money or other security to guaranteed their appearance in court.

Front 95

Recognizance

Back 95

A court document that indicates the accused is aware of all: charges pending, future court dates, and specific release conditions.

Front 96

Undertaking

Back 96

A court document which acts as a guarantee that the accused will appear in court when required, otherwise, the accused may be required to pay a fine of up to $500

Front 97

Preliminary Hearing

Back 97

A court date where the Crown will attempt to convince the judge that there is sufficient evidence to proceed with the trial in a higher court.

Front 98

Empanelling

Back 98

The process of selecting a jury

Front 99

Sequestering

Back 99

Seclusion of the jury as they work towards reaching a verdict

Front 100

Arraignment

Back 100

The reading of the charge by the court clerk to the accused

Front 101

Subpoena

Back 101

A court document ordering the appearance of a person in court

Front 102

Oath

Back 102

Swearing to tell the truth on the Bible or other religious book

Front 103

Affirmation

Back 103

A solemn and formal declaration to tell the truth

Front 104

Perjury

Back 104

The act of knowingly giving false evidence in a judicial proceeding

Front 105

Voir Dire

Back 105

A trial within a trial to decide upon the admissibility of evidence

Front 106

Charge to the Jury

Back 106

A judge's explanation of the law and instructions on how the law applies to the case on trial

Front 107

Hung Jury

Back 107

A jury that cannot reach a unanimous verdict

Front 108

Credibility

Back 108

Whether or not the information given by a witness is worth of belief, honest, trustworthy, and competent so that it can be admissable into court.

Front 109

Habeas Corpus

Back 109

Meaning that any person who was imprisoned without explanatio was entitled to appear before the courts within reasonable time

Front 110

Litigation

Back 110

Process of suing

Front 111

Litgants

Back 111

Parties involved in the action of suing

Front 112

Custody

Back 112

-- In criminal law, actual imprisonment or physical detention;

-- in family law, the care and control of a child awarded by the court

Front 113

Incarceration

Back 113

Imprisonment or incarceration

Front 114

Jurisdiction

Back 114

authority or power to do something, such as make laws

Front 115

Mosaic Law

Back 115

- Originated from Moses

- Set out in the first 5 books of the Old Testament

- Sever punishments such as execution by stoning

Front 116

Crown Attorney

Back 116

in criminal matters, the lawyer prosecuting on behalf of the Crown and society; an agent of the attorney general

Front 117

Infringement

Back 117

broken or violated, as in an agreement or right that is infringed

Front 118

Stay of Proceedings

Back 118

a court order to stop the trial proceedings until a certain condition is met

Front 119

Victim Impact statement

Back 119

a statement made in court by the victim and others affected by the offence that describes the impact of the offence on their lives

Front 120

Recidivism

Back 120

A relapse into criminal behaviour following an offender's release which leads to a return to prison

Front 121

Polygraph Test

Back 121

a process that measures a person’s changes in blood pressure, perspiration, and pulse rate to indicate if he or she is telling the truth; these tests are not admissible in Canadian courts

Front 122

Attempted Murder

Back 122

- Everyone who having an intent to commit an offence does or omits to do anything for the purpose of carrying out the intention

Front 123

Property Crime

Back 123

Property crime is a category of crime in which the person who commits the crime seeks to do damage to or derive an unlawful benefit or interest from another’s property without using force or threat of force.