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What is the difference between Public and Private law?
- Public law controls the relationships between governments and the people who live in society
- In Civil Law the plaintiff must prove charges against the accused beyond reasonable doubt.
- Private Law outlines the legal relationships between private citizens, between organizations, and between citizens and organizations.
- In Private Law the attorney must prove charges against the accused
What are the three basic funtions of law?
- Establishing Rules of Conduct
- Protect Rights and Freedoms
- Protecting People
What are the four elements of Public Law?
- Criminal Law
- Crown Attorney
- Constitutional Law
- Administrative Law
What are the five elements of Private Law? (Civil Law)
- Family Law
- Contract Law
- Tort Law
- Property Law
- Labour Law
What are the functions of criminal law? 3
- Keeps society in order
- Penalties deter people from committing crimes
- Emphasizes prevention and penalties
What are 4 conditions for ana act to be subject to criminal penalties?
- The action must harm other people
- The action must violate the basic values of society
- Using the law to deal with the action must not violate the basic values of society
- Criminal law can make a significant contribution to resolving the problem
What is the difference between Summary Conviction Offences, Indictable Offences and Hybrid Offences?
- Summary Conviction: Minor offence, summoned to court without delay, maximum penalty 2000$ and or 6 months in jail
- Indictable: Serious crime, Maximum penalty is life in prison for offences such as homocide
- Hybrid: Crown attorney has the right to chose which way to proceed
How must be present in order to be convicted of Abbetting or Abetting?
- Accused had knowledge the other person intended to commit the offence
- Accused actually helped or encouraged the person to commit the offence
What is Accessory After the Fact and what is the only exception?
- Someone who helps a criminal escape detention or capture by providing food, clothing, or shelter.
- The only exception is a married couple.
What are the two types of Homicides and which one is not a criminal offence?
- Culpable and Non-Culpable Homocide
- Non-Culpable homocide is not a criminal offence
What is the difference between First and Second Degree Murder?
- First degree: is planned and deliberate, involves killing a law enforcement agent, or while committing another offence.
- Second Degree: is intentional and in the "heat of the moment"
- Both have mimimum sentence of life imprisonement.
Difference between Murder and Manslaughter?
- Manslaughter: is the killing of a human dirreclty or indirreclty by means of unlawful.
- Difference is that there is a defence: Intoxication and Provocation
What are the 5 Levels of Assault? Give brief Description of each
- Asault : intentional force to another person without the persons consent
- Assault causing bodily harm: applying intentional force while using carrying or threatening to use a weapon, or causing bodily harm
- Aggrevated Assault: Assault where victim is wounded, maimed, disfigured or life is endangered.
- Sexual Assault: Occurs in relation with sexual conduct
- Aggrevated Sexual Assault: Most severe form, sexual assault with victim being wounded, maimed, disfigured or life is endangered
What are the three elements to Theft?
- The act must be fraudulent
- The person taking the item must not have any color of right to it
- The accused must have an intent to deprive the owner of the item, or convert it into his or her own use
What are the three types of Criminal Negligence?
- Criminal Negligence in the operation of a motor vehicle
- Criminal Negligence causing death
- Criminal Negligence causing bodily harm
What are 4 things an officer should do when arresting a suspect?
- Identify themself
- Tell the accused they are under arrest
- Inform the accused of the right to a lawyer
- Inform the accused of the charges
What is the purpose of an Arrest?
- Lay Charges
- Preserve Evidence
- Prevent the accused from committing further offences
What is Reverse Onus?
The accused must show why they should not be kept in custody and should be released until court day appearance. They must prove they are not a threat to society.
What is difference between Undertaking and Recognizance?
- Undertaking: Document the accused signs to swear that he or she will atten a specified court date and meet conditions
- Recognizance: Document accused signs to state they understand the charges and they promise to appear in court on a certain date.
What is Adjournment?
Puts the matter over to a later date, gives accused time to obtain legal advice.
What is a Plea and a Plea Negotiation?
- Plea: When the accused states wether they are guilty or not guilty
- Plea Negotiation: Resolution discussion, the accused may plead guilty to receive a lighter sentence
What are the advantages of a Trial by Jury?
- Educates the public
- Judges don't have to make all decisions
- Fresh perspective to the courtroom
- Defence only needs to convince the jurror
What are the advantages of a Trial by Judge?
- Less prejudiced
- Judgement is not clouded by thoughts
- Knowledge of legal technicalities
- Judge is trained to base decisions on facts and laws
- Judges present reasons for decisions
What is the difference of a Challenge of a Jury list and a Challenge for a Cause?
- Challenge of a Jury List: Either side challenges a jury member. Only succeeds if it is proven the member is fraudulent or showed willful misconduct
- Challenge for a Cause: Succeeds if the Prospective Juror does not meet provincial and territorial requirement
Why is Hearsay Evidence generally not admitted as evidence?
Because it is evidence that someone other than the witness has said or written.
When is Mistake of the fact accepted?
- The mistake was genuine and not the result of the accused neglecting to find out facts
- The law accpets ignorance of the facts as a defence
What is Litigation? Ligitants? and a Litigation Guardian?
- Litigation: Process of suing
- Litigants: Parties in action
- Litigation Guardian: Adult who acts for a minor when he sues for more than 500$
What must be on a Claim when it is submitted?
- Full Name and Adress
- Defendant's full name and adress
- The amount of money being claimed
- A brief, clear summary of the reason for the claim
What are the two categories of General Damages?
- Damages for loss of incomre and future earning
- Damages for pain and suffering
What do Nominal Damages symbolize?
When the judge awards a smull sum to the plaintiff, this symbolizes that the defendant HAS done something wrong
What are the three elements of Alternative Dispute Resolution (ADR)?
What are the 3 Characteristics of Negligence? What kind of a tort is it?
- The action is unintentional
- The action is unplanned
- An injury results from the action
- Negligence is an unintention tort
What are the three types of people who could enter a property?
- Tresspassers and Allurement
What are the defences for Defamation?
- Absolute Privilege
- Qualified Privilige
- Fair Comment
What are the three types of Close Relationsships?
What conditions must exist for a Marriage Breakdown?
- Spouses have seperated for at least one year and were living apart when the divorce petition was filed
- The respondant has committed adultery
- The respondent has treated his or her spouse with such serious physical or mental cruelty that it is impossible to live with them
What is the Tender Years Principle?
The belief that children in their “tender years” were better suited to grow up with their mothers instead of their fathers. This mean that mothers were almost certain to get legal custody of the child.
What is the difference between Jointy Physical Custody and Joint Physical Custody?
- Joint Physical: Both parents share equal time with child, both parents make major decisions, child alternates between homes
- Joint Legal: Children remain in one house, both parents have equal major decisions, the primary parent has more power, less stress on child
What are the rights of a non-custodial parent?
- Spend time with the children, such as on weekends, weekday evenings, holidays etc.
- Receive information about children's health and schooling
- Receive advance notice if custodial parent is moving
What is the difference between Supervision Order, Society Wardship and Crown Wardship?
- Supervision: Allows child to remain with partents under society of a Children's Aid Society
- Society: Allows legal custody and Guardianship of child in a protection agency. Parents have some visiting rights
- Crown: Child is fully transferred to Children's Aid Society, the parents lose all rights of child
What does a contract need to contain for it to be valid?
- Offer Acceptance
- Legal Purpose
What is the difference between Lapse and Revocation?
- Lapse: The termination or ending of a contract because it is not accepted
- Revocation: The cancellation or taking back of an offer by the offeree before it is accepted
What is the difference between Present and Future Consideration, and Past Consideration?
- Past and Future: Occurs at the same time the contract is formed
- Past: A promise by one person to pay another for service done for free in the past
What are the two types of Unilateral Mistakes? Give a brief description of each.
- Clerical Mistake: An error caused by a clerk or other employee, typically involving numbers
- Non Est Factum: A denial by one party that a contract was properly executed, based on the claim and ignorance.
What is the difference between Breach of Condition and Breach of Warranty?
- Breach of Condition: Failure to perform a major part of a contract, allowing the other party to terminate the contract and sue for damages
- Breach of Warranty: Failur to perfrom a minor term in a contract, and the other party is allowed to only sue.