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53 Cards in this Set
- Front
- Back
- 3rd side (hint)
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R. V. Askov |
Case of conspiracy to commit extortion |
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R. V. Stillman |
Stillman accused and found guilty of murder murdering 14-year-old girl, The evidence was taken without consent there for wiped out |
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R. V. Ruiz |
Case of conspiracy and the breaking of two prisoners out of jail Ruiz convicted of considerable evidence including eyewitness accounts Defense claim search was illegal since it was warrantless "Plainview doctrine" became key issue, initial intrusion must be justified Ruiz lost appeal which set precedent for wiper scope of search allowed |
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R. V. Keegstra |
Case of Alberta schoolteacher expressing worked views are I.e holocaust Expectation was that students would reproduces teaching Issue of charter rights to freedom and expression Spring court upheld Alberta's decision |
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R. V. Lawrence |
Lawrence attended a public tell meeting and I'll Burda regarding relocation of pulp and paper mill Lawrence jumped onto stage with middle finger and swearing Lawrence resisted police attempts to remove him Only found guilty of resisting arrest president of freedom of expression |
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Egan. V. Canada |
Eagan and Nesbit a homosexual couple Application of spousal allowance ( old age pension) Definition of spouse person of opposite sex This challenged the quality provisions in charter President set in the 90s to secure same-sex benefits |
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Gauthier v. Beaumont |
Gauthier suspected of theft, detained and beaten by cops Six years later Garthier sought damages concerning breach of charter President of delay in trial reinforced by Supreme Court of Canada |
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Nelles V. Ontario |
Nelles charged with murdering for you infants at sick kids T.O Judge ruled at trial that there was no case against Nelles Nelles sued the Ontario attorney general All legal fees and several damage amounts paid out President of first time provincial payout to defend it is criminal proceedings ended in ta dismissal |
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R. V. Oakes |
1982 case involving David Oakes charge with on lawful possession of narcotics
Crown attorney's job to prove possession oaks needed to prove he was not trafficking
Oaks and his legal team challenge the burden of proof indicating is what a violation of section 11 legal rights to be presumed innocent
In 1986 Supreme Court agreed with Oaks in turn created a "Proprtionality Test" |
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3 main questions of Proportionality Test |
One: is there a rational connection between limiting rights and objective of what the law in question Two: does the law or government action interfere with the rights and freedoms as little as possible Three: are the effects of the limitations proportional to the object |
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Little sisters books and art emporium v. Canada |
Case of a Roddick bookstore and customs official Issues of seizures add border of American good Was store targeted because homosexual content Supreme Court ruled material must be "obsencd"/ sex violation Customs would have 30 days to prove obscenity |
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Halpern et al. V. Attrney Genral of Canada et Al |
Case before a panel of Ontario courts of appeal judges dealing with the constitutiona challenge to the definition of marriage Previously required marriage to be between one man and one woman Alleged to be offending equal rights guaranteed in section 15 of charter Reformulated definition of marriage to be the voluntary union for life of two persons to exclusion of all others |
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R. V. White |
Murder case where by Dennis White was seen to have shot lead Mathes in the heart with handgun and intern died instantly White immediately fled the scene Issue of post offense conduct became key If post offense conduct is useful judge must instruct juries of the possible connection Therefore what we do after the commission of the fence is not necessarily tied one to that offense |
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R. V. Patrick |
Man suspected of operating and ecstasy lab in his home Police seized evidence repeatedly garbage at the end of Lane Was it a violation of his rights under section 8 protected from unreasonable search and seizure Decision support that one abandons right to privacy once we dispose of our garbage at the end |
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R. V. A.m |
Case from Ontario St. Patrick's high school Key issue is acceptance of random drug sniffing dogs In the end tge Supreme Court agreed that sniffer dogs search are legitimate but can only be used without a warrant when there is reasonable suspicion that drugs would be found and that the searches are minimal intrudive |
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R. V. Merelli |
Kiss my computer text mission arrives at home to install high-speed Internet connection Technician notices several pornographic links to adult and child porn sites on the web browser and home videos and a WebCam pointed at toys and child's play area When technician return the next day I'll suspicion elements had been cleared Possession can only exist if the accused willingly took or maintained control of the object with full knowledge of its character |
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R. V. Mann |
Case revolving around investigation of a break and enter of one Philip manm matched a description of an alleged suspect Decision came down to whether or not the pat down search was a violation of man's rights to unreasonable search and seizure Was it an issue of safety when issue of duction and collection of evidence |
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Degenais v. Canada broadcasting Corporation |
Case of alleged catholic clay greed charged with sexual assault in young boys will teaching at Ontario Catholic school At the same time a CBC documentary titled the boys of St. Vincent (case of sexual assult by priests at all boy school Newfoundland ) was to be aired on national television in advance of the jury selection Conflict arouse whether or not the Ontario teacher could receive a fair trial as guaranteed by section 11 of the Chargers are rights, if many possible participants in the case actually viewed as similar yet distinctive movie in advance if trial Conflict of freedom of expression of CBC versus rights to fair trial for accused |
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The source of Law : 4 Primary Examples |
-Constitution -Case Law -Legislation - Human rights |
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The source of law : secondary |
-Religion -Petition -Protest - Customs/ traditions - social media -Heinous crimes - media ie oj simpson -Lobby - Electoral process - Gender/ Age/Ethnicity/ Sexual Oriention |
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The Early Roots of Legal Theory : Code of Hammurabi |
- King of Babylon - gathered an organized all laws and customs into codes of over 300 laws - Cut into stone and put on display - first time laws have been codified - which abuse and was the focus + "an eye for an eye" |
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Moses and Mosaic Law |
- set out in the first five books of the Old Testament - List of 10 Commandments - please greater emphasis on honoring the family -severity of punishment was greater then the hammurian code - focused on restitution (compensation) |
The Early Roots of Legal Theory |
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Moses and Mosaic Law |
- set out in the first five books of the Old Testament - List of 10 Commandments - please greater emphasis on honoring the family -severity of punishment was greater then the hammurian code - focused on restitution (compensation) |
The Early Roots of Legal Theory |
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Roman Law |
- formed initial foundation for all western European laws - laws became more complex - romans established profession of legal study - Established "justinatian code" (Roman emperor) which included 1. Collection of previous laws 2. Legal opinions of roman experts 3. New laws enacted by justian |
The Early Roots of Legal Theory |
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Rule of law and Magna Carta |
- Equality became more significant as king john would be equally subjected to the law - " Due Process" ( guarantees fairness in all legal proceedings) And "Habeus Corpus" ( body brought before court in a reasonable period of time) were established as key legal principles - disputes settled by discussion and negotiations (ple bargains!!) |
The Early Roots of Legal Theory |
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Rule of law and Magna Carta |
- Equality became more significant as king john would be equally subjected to the law - " Due Process" ( guarantees fairness in all legal proceedings) And "Habeus Corpus" ( body brought before court in a reasonable period of time) were established as key legal principles - disputes settled by discussion and negotiations (ple bargains!!) |
The Early Roots of Legal Theory |
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Napoleninc Code |
- In 1804, Roman Law was revised in france by napoleon into French civil code -Foundation of legal heritage in Quebec - Guaranteed sevreal rights and freedoms as absolute |
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Rule of law and Magna Carta |
- Equality became more significant as king john would be equally subjected to the law - " Due Process" ( guarantees fairness in all legal proceedings) And "Habeus Corpus" ( body brought before court in a reasonable period of time) were established as key legal principles - disputes settled by discussion and negotiations (ple bargains!!) |
The Early Roots of Legal Theory |
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Napoleninc Code |
- In 1804, Roman Law was revised in france by napoleon into French civil code -Foundation of legal heritage in Quebec - Guaranteed sevreal rights and freedoms as absolute |
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English common law |
- based on feudal system where laws and disputes were settled by feudal lords - lords (Land owners) would make decisions involving people who lived on their land -created tremendous inequality (different rulings) - evolve to see Kings tour kingdoms to hear people's please… Eventually proved to be too much work… -"traveling" judges were intern hired… Worked in "Assizes" to discuss matters affecting all citizens - became the foundation for caselaw which is the essence of our common law system in Canada (Not qb) |
The Early Roots of Legal Theory |
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What is law |
Law is a set of rules of conduct's established by governments for all members of society's to obey and follow |
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What is law |
Law is a set of rules of conduct's established by governments for all members of society's to obey and follow |
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Why are laws necessary |
Laws are used to limit people's behavior so that everyone can live together peacefully in society |
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What is law |
Law is a set of rules of conduct's established by governments for all members of society's to obey and follow |
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Why are laws necessary |
Laws are used to limit people's behavior so that everyone can live together peacefully in society |
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What are the five main purposes/functions of law |
1. To establish rules of conduct i.e. highway traffic acts and criminal code 2. To provide a system of enforcement i.e. policing ( fed = rcmp, prov = opp, min = ottawa police) and out court system 3. The protect rights and freedoms I.e. Canadian charter of rights and freedoms 4. To provide protection for all members of society i.e. labor laws and contract law 5. Help resolve disputes peacefully(create a sense of order). Paper scissors and neighbor disputes |
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What is public law |
Controls the relationship between the government and the people at represents law that applies to all individuals Ie constitutional law, criminal law, administrative law (LCBO), tax law, aboriginal law |
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What is private law |
Private law also known as civil law outlines the rights and responsibilities of private individuals and organization (plaintiffs vd defendant)
Intended to manage the behavior of persons in organizations in conflict with one another i.e. family, property law, corporate law, commercial law, torrent law, employment labor law
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What is Substantive law? |
The law that outlines your rights and obligations in society |
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What is procedural law |
The legal process involved in protecting those rights |
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What is mortality? What does it affect? |
Morality deals with right and wrong, good and evil law must be concerned with many issues that have no concept of moral blame Mortality is stated in vague general principles, law must be specific
Issues of mortality that affects us are abortion gambling drinking, drugs ,capital punishment, spanking ,prostitution ,homosexuality, gun laws, prenuptial agreements divorce etc
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What are some clearly I'm just discriminatory laws that go against the justest fairness and equality laws are supposed to create |
Voting age drinking age, driving age, legally owning a business abortions, surveillance, no spitting |
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Difference between laws and rules |
All right laws are rules but not all rules are laws rules are optional, laws are mandatory. A rule is restriction that only applies to those who agrees to adopt it for their own use i.e. no hands in soccer A lot is also a restriction however applies to all members of Society at all times |
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The Rules of precedent - Three important reasons? |
Common law is based on principles of stare decisis ( standby earlier decision) President was important for three reasons 1. Introduces a degree of uniformity and certainty to the law (similar cases can expect similar) 2. Causes the court to act impartial rather than favour any other parties in action 3. Introduces predictability's for the lawyer reducing court time in court expenses |
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Difference between criminal case and civil case |
A criminal case is usually the defendant/accused versus the king,rex,queen IE R. V. Accused/ A civil case is usually the plaintiff (Person suing) versus the accused/defendant IE Plaintiff V. Defendant |
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Criminal vs Civil |
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R v Dudley and Stephen |
Boat, stranded, cannibalism Set president of when is murder legal? They got months of jail |
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R v Dudley and Stephen |
Boat, stranded, cannibalism Set president of when is murder legal? They got months of jail |
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Gloria Taylor Carter v. Canada |
Wanted to die with dignity Was dying challenge the laws that make it a criminal offense to assist seriously and incurably ill individuals to die with dignity. |
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R v Dudley and Stephen |
Boat, stranded, cannibalism Set president of when is murder legal? They got months of jail |
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Gloria Taylor Carter v. Canada |
Wanted to die with dignity Was dying challenge the laws that make it a criminal offense to assist seriously and incurably ill individuals to die with dignity. |
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Terri Schiavo case |
Husband wanted to remove feeding tube Family did not Terris decision was legally the husband
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Moral side of murder |
Train - turn to hit 1 person Or stay on track and kill 5 Turing = murder by law Staying on track = fine |
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