Criminal Law
What are the two functions of law?
1. Regulate behaviour
2. Establish sovereignty
What are two sources of public law?
Statutory law (i.e. the Criminal Code) and common law (precedent, judge-made law)
What is the definition of a tort?
Law that provides remedies for a wrongful act carried out by one party against another.
Provinces
Public law standing: "having a genuine interest"
2. Party has genuine interest in the matter
3. No other reasonable + effective manner to bring the issue to Court
What is crime?
A public offence committed against public interest
What is the maximum sentence for a summary offence?
Two (2) years less a day
What are the three broad categories of tort?
Intentional, unintentional, strict liability
What is the burden of proof in a civil trial?
On a balance of probabilities
De minimis non curat lex
"The law will not concern itself with trifles"
What is the burden of proof in a criminal trial?
Beyond a reasonable doubt
What do police need to be able to make an arrest/detain someone without a warrant?
Reasonable and probable grounds
What are the two factors that establish a prima facie duty of care?
Foreseeability (of the harm) and proximity
What are the two types of actions the judge can enforce at the end of a civil trial?
1. Order the defendant to do or not do something
2. Order the defendant to pay money or give property to the plaintiff
Statute of limitation (what is it?)
Limit to the period of time in which a lawsuit can be commenced. Limit depends on the identity of the defendant and the type of offence.
What are two elements required for a finding of guilt?
Mens rea (guilty mind) and the actus reus (guilty act)
What is the difference between a "regular" crime and an absolute liability offence?
For absolute liability offences, the Crown only needs to prove the actus reus. Intent doesn't matter.
What are the four criteria for a negligent act?
1. Causation
2. Damage
3. Duty of care
4. Remoteness
What is the first step in civil procedure when bringing an action and what does it (usually) involve?
Commencement of proceedings - begins with an exchange of letters (usually)
Mediation (provide two features)
There is a mediator; mediator encourages participants to focus on the key issues; outcome is non-binding
What is the difference between norms/values and law?
What three factors do police offers need to consider before making an arrest post-Bail Reform Act?
1. The need to establish the suspect’s identity
2. The need to preserve the evidence
3. The need to prevent continuation or repetition of the offence
What are four examples of defences to a tort accusation?
1. Consent
2. Self-defence
3. Defence of property
4. Necessity
What are two things you may want to do as a lawyer during discovery?
1. Examine or cross-examine witnesses, experts, etc.
2. Request document production and inspect them
Two types of litigants in a dispute (informally, according to your prof)
One shooter and Repeat player