Law Basics
What is common law? Where did it come from?
A system of law based on past legal decisions; also known as Case Law.
It developed over time in England from feudal times.
This type of criminal offence is the most severe with punishments such as life imprisonment.
Indictable Offence
Restitution
The act of making good, restoring, or compensating a person for a wrong that was done.
Who is Canada's head of State?
King Charless III
What has to be broken before you can use it?
An egg
What's the difference between a rule and a law?
Rules are used to keep order in various social situations. If broken, punishments may be incurred. eg) getting a yellow card for a penalty in soccer.
Laws
are rules that have been implemented and enforced by the government.
are mandatory (must be followed)
involve a detailed system of consequences
What are the four fundamental freedoms listed in section 2 of the CCRF?
Freedom of conscience and Religion
Freedom of thought, belief, expression, and press
Freedom of peaceful assembly
Freedom of association
Precedent
a legal decision that serves as an example and authority in subsequent similar cases
Who was the Prime Minister of Canada before Justin Trudeau?
Stephen Harper
What is full of holes but can still hold water?
A sponge
Name two division of Public Law and two divisions of Private Law
Public: Criminal, Constitutional, Administrative
Private: Tort, Family, Contract, Property, Labour/Employment
Name TWO conditions outlined in the Law Reform Commission that must exist for an act to be considered a crime?
1. The act must be considered immoral by most Canadians.
2. The act must cause harm to individuals and society.
3. Harm caused by the act must be serious in nature.
4. The person must be punished by the criminal justice system.
What is "habeas corpus?"
It is a Latin term which means "produce the body"; in current legal terms it means to present a case on why the accused is being denied his or her freedom.
A friend says that we went to Victoria and saw the "Parliament Buildings." Because you're a law nerd you tell him that "They are not a parliament!" Why did you say that.
Because a parliament consist the bicameral chambers of the House of Commons (elected) and the Senate (unelected).
What has a thumb and four fingers but isn't alive.
A glove
What is the legal term for referencing a legal case?Name at least 3 components of the above?
Citation
Who? - R (Monarch) v. Smith (Defendant)
When? - Year of court decision
Where? Court hearing the case
Where? Where record of case can be found
Explain what a Statute of Limitations is? Give an example.
This is a time limit that's in place for charges to be laid.
Summary - within 6 months
Indictable - no time limits. If they can prove you did it, you have to pay the price.
Decriminalize
Impartiality
to make a behaviour that was illegal punishable only by fines
a principle that judicial decisions should be based on objective criteria and be free of bias
Who is the premier of British Columbia?
David Eby (Premier since October 21, 2022)
What goes back up but never comes back down?
Your age.
What are the SIX main stages for a bill to become a law in Canada?
1) First Reading - Cabinet minister introduces and vote 2) Second Reading & vote 3) Committee Stage (amendments). 4)Third Reading - debate and vote. 5) Senate (same process of H of C) 6) Royal Assent - GG signs the bill into law
What are four purposes of the criminal justice system?
to protect people from harm
to protect property from harm
to maintain order in society
to enforce moral standards based on norms
to provide punishment (Pay back society)
to provide rehabilitation
to deter people from committing crimes (precautionary measures)
Strike down
Read down
Read in
court ruling that a law is invalid and no longer in effect
court ruling that a law is generally acceptable but a specific part of the law is invalid and thus removed
to add a term to a law that changes the law, but still allows the law to be upheld as constitutional
Why is the Statute of Westminster important?
It granted Canada full legal autonomy, officially recognizing it as a sovereign state equal to the United Kingdom.
"It cannot be seen, cannot be felt,
Cannot be heard, cannot be smelt.
It lies behind stars and under hills,
And empty holes it fills.
It comes first and follows after,
Ends life, kills laughter."
Darkness