Intro/Legal Reasoning
The highest court in Canada
The Supreme Court
Matters such as property, civil rights, education, and health fall under which jurisdiction in the Division of Powers?
Provincial
The main source of criminal law in Canada
The Criminal Code
Property that includes copyrights, trademarks, and patents
Intellectual Property (IP)
What is Professor Maur's specialty?
Family Law (or Torts)
The five major subheadings in a case brief
Facts
Issues
Rules
Analysis/Application
Conclusion
What sections within the Constitution outline or protect Aboriginal rights?
s. 25 and s. 35
The two elements of a criminal offence
Mens Rea (physical element) and Actus Reus (mental element)
What are the three types of property interest?
Real, personal, intellectual
What's my TA email address?
zal1@queensu.ca
The type of law that "arises from precedent"
Common Law
What is Doug Ford's favourite Charter clause (used to override Charter rights)
The notwithstanding clause (s. 33)
Police need to get this from a judge in order to conduct a search, per s. 487(5) of the Criminal Code
A search warrant
A finder has the best claim other than...
The true owner
What process may the parties to an dispute enter into voluntarily to try to resolve their dispute with the help of a third party to the negotiations?
Mediation
In cases of conflict between valid federal and provincial laws, which doctrine allows federal law to prevail over provincial law?
Federal Paramountcy
The principle that the a person cannot be tried twice on the same set of facts
Double Jeopardy
The closest thing to absolute ownership
Fee simple
A latin phrase for the legal principle of determining points in litigation according to precedent (used in Common Law)
Stare decisis
The case that set the test for determining whether a limitation of a Charter right was reasonable under s. 1
R v. Oakes
The most serious types of offences in the Criminal Code
(Major) indictable offences (ex. murder, threatening/endangering life, sexual assault)
People who are charged with major indictable offences have the right to be tried by jury!
In a Joint Tenancy arrangement, the term/right that allows one co-owner, upon the death of the other co-owner, to automatically inherit the deceased owner’s share is called?
Right of Survivorship