Heritage
What is Jurisprudence?
Covers topics such as the definitions of the law, reason for making and obeying laws, characteristics of a good law, definition of a crime, and the distinction between law and justice.
Why is it important for a government to have a Constitution?
The Constitution provides the basic framework for a nation’s form of government and its legal system. A Constitution sets out procedures for making laws and defines who will be involved in making them. The Constitution reflects the values and beliefs of the people.
Define the word “crime”.
A violation of the law that prohibits specific activities, and for which there is a punishment that is set out by the state.
How can one challenge the law?
You can challenge the law by going to the Supreme Court.
How is the power of the police controlled in a crime scene investigation?
Legislatively - CCC, Substance Abuse Act, Charter, and Police Act
Judicially - Judges can choose to disallow evidence in court that violates the Charter or methods of investigation that brings the system of justice into disrepute.
Administratively - Policies and procedures of proper behavior, internal investigations of complaints, and investigative reporting complaints.
What is the difference between Natural law and Positive law?
Natural law is the theory that human laws derived from unchangeable principles that people become aware of due to reason. Positive law is the theory that the law is a body of rules that the state formulated and we follow them for the good of the state, they can also change over time.
What are the three main sources of the Canadian constitution?
The written constitution, the unwritten constitution, and court decisions.
Identify and explain the two factors required to commit a crime in Canada.
Mens Rea (Guilty Mind) - when an act demonstrates intent, knowledge, or recklessness.
Actus Reus (Guilty Act) - when demonstrating a voluntary act or omission of an action that is unlawful.
Explain the importance of the Charlottetown Accord.
The CA delt with a number of constitutional issues, it allowed provincial governments to have more power (for example abolished the power of disallowance), and it took aboriginal concern into account.
What is the job of a forensic scientist in a crime scene investigation?
A forensic scientist tests, analyzes, and tries to fit various pieces together in an investigation. Some common aspects they might be responsible for are; fingerprints, trace elements, blood, gunshot residue, and DNA.
What made Socrates’ method of teaching effective?
He would hear someone’s opinion and then begin to discuss and question that opinion until a conflict in thinking arose. This allowed for people to deepen their understanding of a topic, and open their minds to other perspectives.
What is the purpose of the courts?
The courts interpret the constitution and settle disputes amongst governments.
Describe the difference between general intent and specific intent.
General Intent - defendant means to commit a crime.
Specific Intent - Not only did the defendant mean to commit the crime, but also a specific indictable offence.
What is Legal Realism?
The school of legal philosophy that examines law in a realistic rather than theoretical way. Law is determined by what happens in the courts as the judges interpret and apply laws.
What is the difference between a negative and an affirmative defense?
Negative defense - raises reasonable doubt whether the defendant committed the crime. The defense argues that the defendant is innocent because either mens rea or actus reus was not present. Some examples are mistake of fact, mental disorder, automatism, and intoxication.
Affirmative defense - justifies the defendant’s actions as being reasonable. Some examples are self-defense or compulsion.
Identify and explain the four kinds of law that Thomas Aquinas identified?
Eternal Law - God created the universe and sustains it, law will never change.
Natural Law - Eternal law as it operates through human beings, faculty of reason.
Divine Positive Law - From scriptures (10 commandments, Bible)
Human Positive Law - Governing ourselves under the law, proper functioning of the society and the state.
What is the Supreme Court of Canada?
The Supreme Court is the highest level of court in Canada. It consists of nine judges. The Supreme Court only deals with very important cases, including issues of civil law, criminal law, and constitutional law. Any decision made by the Supreme Court is final.
What is the role of the police in a crime scene investigation?
Police are responsible for the criminal investigation of a crime scene. They need to make sure that evidence is collected properly and not contaminated. Police may cordon off an area for the investigation and they can arrest or punish anyone who is not allowing the police to do their jobs.
What resulted in terms of Human Rights from WWII?
The United Nations’ Declaration of Human Rights passed in 1948, and it identified fundamental freedoms, legal rights, economic, social, and cultural rights.
What are the three principles of a criminal trial?
Presumption of innocence - the state must prove the guilt of the accused before punishment occurs.
Open and public trial - justice must be transparent, trials are open to the public and the media.
Independent and impartial adjudication - the judge and jury must both be impartial with no personal interest in the outcome of a trial.
Karl Marx developed the theory of Marxism based on what idea?
The basis of Marxism is that law is simply class rule, this was based on the idea that the British government favored the capitalist class by strengthening its hold on the working class.
Explain the purpose of the Meech Lake Accord.
Quebec did not sign the Constitution Act, 1982, so in 1987 PM Mulroney got all 10 Premiers to agree on a constitutional package that recognized Quebec as a “distinct society” and would give the provinces more power relative to the federal government.
How is a crime scene processed?
Processing a crime scene is the detection, collection and interpretation of physical evidence. Fingerprints, blood samples, DNA, and photographs may all be collected. Oftentimes a specialist will be hired for this job.
Identify and explain the four important mechanisms for protecting human rights in Canada.
The Canadian Charter of Rights and Freedoms - covers ‘public’ laws and bodies including provincial legislation.
Canadian Human Rights Act - covers federal departments like the military, and some private companies like the bank.
Provincial Human Rights Legislation - applies to ‘private’ laws and parties.
Human Rights Commissions and Tribunals - administer and implement human rights laws.