History of Law
This historical document, signed in England in 1215, states that no one is above the law
Magna Carta
This section of the Charter states a person's freedom of expression may be limited if they are promoting hate speech.
What is Section 1 (Reasonable Limits Clause)
The person charged with committing a criminal offence.
The accused
Private law, also known as civil law has 5 types. Name two
What is tort, family, contract, property, and labour
Stare Decisis
To stand by things decided (precedent)
Tradition of Civil Law comes from _____ and Common Law comes from ______
French, English
This test has been established to determine if a law unjustly infringes upon our rights
The Oakes test
This includes anything that may be used against the accused in court, including weapons, clothing, blood, and fingerprints. This has revolutionized the use of forensic sciences in law enforcement. Answer both parts of this question for the amount
Evidence and DNA
The person or party that initiates the lawsuit.
The plaintiff
Habeus Corpus
Canadian law is divided into these two main categories.
Substantive and procedural
This code provides protection from discrimination in five areas of our lives. It states that every person has a right to freedom from discrimination
the Ontario Human Rights Code
Name one of the three philosophies of the YCJA
1. Reduce the rate of youth incarceration by emphasizing alternative measures for non-violent offenders
2. Reserve jail for serious violent and repeat offenders
3. Try all youths in youth court but allow for adult sentences for 14 -17 year olds guilty of serious offences
True or false - a civil hearing never has a jury
False
Actus Reus
The guilty act (the act or omission that comprise the physical elements of a crime)
Name two of the three categories of Public Law
Criminal, Constitutional, Administrative
Name a question asked by the Oakes test.
Is the law’s goal “pressing and substantial”?
Was the infringement of the individual’s right rationally connected to the law’s objective?
Was the individual’s infringed right minimally impaired?
Was the infringement of the right proportional to the law’s objective?
Defence: A) This is a condition in which a person acts without being aware of what he or she is doing, and B) this is the condition of being overpowered by drugs or alcohol to the point of losing self-control. Name both terms
Automatism and intoxication
The "balance of probability" is similar to what in criminal law
Beyond a reasonable doubt
Mens Rea
The guilty mind - criminal intent
Name two of the five categories of Private Law
Family, Contract, Tort, Labour, Property
Name 3 of the 5 social areas where people has a right to freedom from discrimination
Services goods and facilities, occupancy of accommodation, contracts, employment, membership in vocational associations and trade unions
Summary (Minor), Indictable (Serious), Hybrid (choice to be either summary or indictable)
This is a court order that directs a person to avoid doing something for a specific period of time and can be issued as a type of civil remedy.
An injunction
Actio in personam
action against a person