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1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, 14

2. What is the purpose of Law? Laws reflect the values

and beliefs of a society. A rule enforced by

government

3. What are laws? 1)Set of rules established and eneforced by the

government

2)Mandatory

3)Involve a detailed

system of consequences

4. What is private law? Outlines the relationship

between private individuals and organizations

Also known as civil law

Tort

Family

Contract

Property

Labour and employment

5. Controls the relationship

between the government and the people

It represents laws that apply to all individuals

Criminal

Constitutional

Administrative

6. A system of law based on

past legal precedents

Also known as case law

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7. The rights of citizens

that limit the power of the government

8.Functions of law Establish rules of

conduct

Provide a system of enforcement

Protect rights and freedoms

Protect society

Resolve disputes

9. Substantive – consists of

the rules that outline your rights and obligations in society

Procedural – Outlines he steps involved in protecting our rights

10.Freedoms Section 2 of charter

Pg/ 598 of text

Conscience and religion

Thought, belief, opinion and expression, press and media

Peaceful assembly

association

11. Section 3 to 32 of the

charter

Page 598 - 601

Democratic rights

Mobility rights

Legal rights

Equality rights

Minority Language educational rights

Enforcement

general

12. Patriation – bringing

legislation back under the legal authority of the country to which it applies

Canada’s present day constitution and charter came into effect in 1982

Queen and P.E.T.

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13 Pg. 30 of text

1st reading

2nd reading

Committee stage

3rd reading

Bill goes to senate (passed 3 times)

Governor –General signs bill and it becomes law

14. The notwithstanding

clause (s 33)

Making a law immune to the charter

Not used very often

Political suicide

.33

15. Already answered

16. Obtain a search warrant

Use the search warrant

Or

If crime is committed in plain sight or within reasonable belief, the officer does not have to wait for the warrant if they know for sure they will get one, and if they wait they could lose the evidence

17. Strike down

Read in

Read down

18.Crime The act or behaviour

must be considered immoral by most Canadians

Actions must cause harm to society or individuals

Harm must be serious

Person must be punished for his or her actions

Mens rea – a guilty mind

Actus reus – a wrongful deed

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19. Willful blindness –

pretending not to know something

Recklessness- careless disregard for the possible results of an action

Criminal negligence- the wanton and reckless disregard for the lives and safety of others

20. Conspiracy – an

agreement between 2 or more people to commit a crime or to achieve something legal by means of doing something illegal

Aiding – to help someone commit a crime

Abetting – if you encourage someone to commit a crime

21. Crime prevention

Law enforcement

Assistance to victims of crime

Maintenance of public order

Emergency response

Investigation of crime

22. Indictable –serious

crimes that carry more severe penalties than summary

Summary conviction – minor criminal offences

Hybrid- offences that can be a blend of both summary and indictable

23, 24 The criminal code sets a

maximum penalty for each crime

Max. life and any $

Summary - $2000 and or 6 months in jail

Hybrid – 2 years to 10 years

25. Empanelling – selection

of a jury

Peremptory challenge – neither the defence needs to challenge for cause as the potential juror is automatically disqualified from service

Challenge for cause a formal objection to a prospective juror for reasons such as the juror’s knowledge or the case or lack of impartiality

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26. The judge

Jury

Crown

Defence

Court clerk

Court reporter

Sheriff

27. Juror? Canadian citizen

18

Reside in the province or territory for at least one year

English or french

Must be mentally fit to take on the responsibility

28. Jury is used only for the

most serious indictable offences

Judge alone – summary

Less indictable offences – the accused can choose a judge or judge and jury

29. Murder 1st and 2nd degree

1st – murder is planned and deliberate

Victim is a law enforcement agent – cop or prison guard

Death occurs while committing another crime

2nd – all other types of murder

30. Murder – the deliberate

killing of another person Manslaughter- causing

the death of a person, directly or indirectly, by means of an unlawful act

Requires only general intent

31. assault Level one: assault

2 – Assault causing bodily harm

3- aggravated assault

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32. Theft – illegally taking

someone’s property without permission

Robbery – theft involving violence

33. Property crimes 1)Arson

2)Fraud

3)Theft

4)Break and enter

5)Possession of stolen goods

34. Charge to a jury A judge makes a review

of the facts and explains how the law applies to a case

Instructions to jury

35.Summation Once the witnesses have

all been called the defence and crown make their final statements

Defence goes first

36. Arson The act on intentionally

causing damage to property by fire or explosion

37. R. v. Lavallee Defence for battered

women

Lavallee killed her husband before he did anything because she knew there was a chance he would kill her that night.

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38. Double jeopardy – to be

tried twice for the same crime

Intoxication – defence used because defendant was under the influence

Can be convicted of general intent offences

Mistake of fact – when a person does not have the mens rea – honestly did not know they were committing a crime

Entrapment – police action that encourages or aids a person to commit a crime

39. Duress Forcing someone to do

something illegal by threat of harm

40.Other defences Alibi

Automatism

Battered woman syndrome

Self-defence

Necessity

provocation

Know them all!

41.Alibi 3 parts

1)A statement indicating that the accused was not present at the location of the crime when it was committed

2)an explanation of the accused’s whereabouts at that time

3)the names of any witnesses to the alibi

42.Sentencing factors Pg. 289

Guilty plea

Community

Victim impact statement

Crown submission

Pre-sentence report

More on page 289

43.Purpose of sentencing Denounce unlawful

conduct

Deter the offenders and others form committing offences

Separate offenders from society

Assist in rehab

Provide reparations for harm don to victims or community

Promote a sense of responsibility in offenders

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44, 45. Specific deterrence That which discourages

the specific criminal from reoffending

General det. – that which discourages people in society from committing a particular crime.

46. Dangerous offender –

someone who does violent crimes repeatedly

Must demonstrate -

pg. 306 – one of 4 things

Long-term offender – someone who behaves in ways that could harm others and could reoffend

47. Mitigating – factors that

lessen the responsibility of the offender

Aggravating – factors that increase the responsibility of the offender

48.Sentencing / release Absolute or conditional

discharge

Suspended sentence and probation

Conditional sentence

Suspension of a privilege

Peace bond

Restitution/compensation

Community service orders

Deportation

Fines

Imprisonment

49. Statutory release – an

inmate’s release from an institution as required by law once two-thirds of the sentence is served.

Does not apply for some crimes

50.Appeals Both crown and accused

have the right to appeal.

Appeals can be made based on mistake of law (judge interpretation) or mistake of fact (evidence is relevant or credible?)

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51.pre-sentence report An account prepared for

the court prior to the accused’s sentencing that sets out his or her background

52.Detaining youths Person of authority must

tell the youth their rights in language they understand

They must check that the youth clearly understand this

Must be told they do not have to make a statement and if they do talk it could be used in court

They must be told they have the right to have a parent or lawyer during questioning

If they ignore these rights they have to sign a waiver stating this

53 Beyond a reasonable

doubt – any reasonable doubt should clear the accused of the charges

(criminal)

Balance of probabilities – It is probable that the person is responsible

(civil)

54. Purpose of civil law Regulates disputes

between individuals

55.Litigation A lawsuit

The legal action to settle a civil dispute

Defendant

plaintiff

56. Types of compensation General Damages

Pecuniary

Non-pecuniary

Pg. 372

Special damages

Punitive Damages

Aggravated damages

Nominal damages

Injunctions

Contingency fees

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57.liability You are responsible

Vicarious liability

Occupier’s liability

Host liability

Medical

58. negligence Action in unintentional

Action is unplanned

An injury results

Owed duty of care

Defendant breached duty of care

Plaintif suffered harm or loss

Breach of duty of care

Motor vehicle negligence

Professional Negligence

59. ADR Mediation – both sides

meet and try to agree on a resolution outside of the courts using a 3rd party to help with communication

Arbitration – both sides agree that a 3rd party will decided the outcome of their dispute once both sides have had a chance to argue their side

60. Duty of care A specific legal

obligation to not harm other people or their property

61. damages See # 56

Also money, assets, garnishment of pay cheques, legal costs

62. Trespass to land or persons Trespass to persons:

Assault and battery (know the difference)

False imprisonment

Trespass to Land

Entering someone’s land without permission

Nuissance

See defences – pg. 419

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63.Defamation Slander

Libel

Defences:

Truth

Absolute privilege

Qualified privilege

Fair comment

64. Mental capacity

Genuine consent

Minimum age

Close relationships

Unmarried status

65. Marriage – 50% - 50% Common-law – legally –

spouse is the same

Same-sex marriage See page 446 – 447

S. 15 charter rights

67. Marriage legally ended Death

Anulment

divorce

68. Underage marriage Need parental consent

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69. How is spousal support decided? Pg. 491 –

Factors to consider when determining Spousal Support