Legal Foundations
This principle states that no one is above the law—not even the government.
The Rule of Law
This 1982 document outlines Canadians’ fundamental rights and freedoms.
The Canadian Charter of Rights and Freedoms
These two Latin terms refer to the act and the guilty mind required for a crime
Actus Reus and Mens Rea
What are damages?
In a criminal case, the Crown must prove guilt beyond this.
A reasonable doubt
This legal tradition based on judges’ rulings was inherited from Britain.
Common Law
This test is used by courts to determine whether a law that violates the Charter is justifiable.
The Oakes Test
This is a criminal offence that allows the Crown to proceed either summarily or by indictment.
Hybrid offense
This is the standard of proof in civil cases.
Balance of Probabilities
A deliberate avoidance of knowledge of the facts.
Willful blindness
An example from the past that can be used to make current decisions.
Precedent
Name two of the five social areas protected under the Ontario Human Rights Code
employment, housing, services, contracts, and membership in associations
This is a legal defence where the accused claims they were forced to commit the crime under threat.
Duress
To prove negligence, this is one of the five key elements and refers to the legal obligation to avoid harm.
Duty of Care
Explain the purpose of plea bargains and why they’re controversial.
They save time and resources, but may undermine justice if used improperly
This term describes a law that sets out legal procedures and how laws are enforced.
Procedural law
a negative, hostile or unpleasant workplace due to comments or conduct that tend to demean a group identified by one or more prohibited grounds under the Code can be defined as
Poisoned work environment
How many people are on a jury?
12
Explain the legal test used to determine whether a defendant breached the standard of care in a negligence case.
the "reasonable person" test — would a reasonable person in the same circumstances have acted differently
What is the term for knowingly lying under oath?
Perjury
This ancient Babylonian legal code was displayed publicly and is known for its use of retribution as punishment.
Code of Hammurabi
A law bans wearing religious symbols in public. Identify at least two Charter sections that could be challenged.
s.2(a) freedom of religion and s.15 equality rights
A person is found sleepwalking during a violent act. What legal defence applies?
Non-insane automatism
This is a neutral third party listens to both sides of a civil dispute and makes a final decision that both must follow.
Arbitrator
Imagine a law banning protests within 100m of government buildings. Which rights are affected and what what might the court use to decide if this is legal?
s.2(b) freedom of expression and peaceful assembly; the court would apply the Oakes Test under s.1