Unit 1
What law first introduced lawyers?
Roman Law
What’s the difference between human rights and civil rights?
Civil rights: rights that one obtains by being a legal member of a certain political state
Human rights: rights one acquires by being alive
A guilty act and guilty mind is referred to as..?
Guilty act: Actus Reus
Guilty mind: Mens Rea
What is the difference between a summary conviction offence and an indictable offence?
Summary: minor offence, max penalty is $5,000 or 6 months in jail
Indictable: serious offence, max penalty is life imprisonment
What is the notwithstanding clause?
Bonus: what section is it in? (100 points)
This clause lets provincial and territorial governments enact legislation in spite of the fact, or “notwithstanding”, that it may violate the Charter.
Bonus: section 33
Name two of the four functions of law?
1. Establish Rules of Conduct/maintain order
2. Protect People
3. Provide Rights and Freedoms
4. Help Settle Disputes
What document guarantees your rights and freedoms?
Canadian Charter of Rights
How many levels of assault are there?
Bonus: name the 3 levels (100 points)
There are 3 levels of assault
1. Level One – assault
2. Level Two – assault causing bodily harm
3. Level Three – aggravated assault
What is burden of proof?
Legal standard that requires parties to provide evidence to demonstrate that a claim is valid
Types of murder
1st degree murder
2nd degree murder
What rule ensures everybody is treated equally under the law?
The Rule of Law
Section 1 of the Charter guarantees your rights and freedoms under..?
The Reasonable Limits Clause
What is the difference between a summary conviction offence and an indictable offence?
Summary conviction: minor offences, max penalty is $5,000 or 6 months in jail.
Indictable Offences: serious crimes, more severe penalties, max penalty is life imprisonment
What are two defences for negligence?
1. Contributory negligence
2. Voluntary assumption of risk
3. Inevitable accident
What is a Hedonistic killer?
kills for the pleasure from the act of killing
What are the three main principles of the rule of law?
The head of government is not above the law, everybody is treated equally by the law, the government enacts law in an open manner.
What test justifies the limitation of rights?
The Oakes Test
Helping someone after they commit a crime means that you are..?
Accessory after the fact
Your legal obligation to protect anyone who visits or is on your property is called..?
A Duty of Care
What are the categories of law under private and public law?
Private: family, contract, tort, labor law
Public: criminal, constitutional, administrative law
Who invented the concept of law?
Hammurabi
Section 7 of the Charter guarantees you..?
Life, liberty, and security.
What are 2 types of intentional killing?
1. murder
2. Homicide
You witness Mrs. Burk just robb a bank with someone at gun point What would a reasonable person do?
1. Call the police
2. Try to help someone
3. Run
How does a bill become a law?
-First Reading: Bill is introduced:
-Second Reading: Bill is debated in House of Commons
-Committee Stage: Bill is studied, revised, or changed
-Third Reading: Further debate on the amended bill. Vote in the House of Commons
-Senate: (similar process: 3 readings, vote)
-Royal Assent: (governor general signs bill into law)