4. What is private law? 3. What are laws? 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, What is the purpose of Law?
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1 1. Review all terms in chapters: 1, 2, 4, 5,6, 7, 8, 9, 11, 12, 13, What is the purpose of Law? Laws reflect the values and beliefs of a society. A rule enforced by government 3. What are laws? 1)Set of rules established and eneforced by the government 2)Mandatory 3)Involve a detailed system of consequences 4. What is private law? Outlines the relationship between private individuals and organizations Also known as civil law Tort Family Contract Property Labour and employment 5. Controls the relationship between the government and the people It represents laws that apply to all individuals Criminal Constitutional Administrative 6. A system of law based on past legal precedents Also known as case law 1
2 7. The rights of citizens that limit the power of the government 8.Functions of law Establish rules of conduct Provide a system of enforcement Protect rights and freedoms Protect society Resolve disputes 9. Substantive consists of the rules that outline your rights and obligations in society Procedural Outlines he steps involved in protecting our rights 10.Freedoms Section 2 of charter Pg/ 598 of text Conscience and religion Thought, belief, opinion and expression, press and media Peaceful assembly association 11. Section 3 to 32 of the charter Page Democratic rights Mobility rights Legal rights Equality rights Minority Language educational rights Enforcement general 12. Patriation bringing legislation back under the legal authority of the country to which it applies Canada s present day constitution and charter came into effect in 1982 Queen and P.E.T. 2
3 13 Pg. 30 of text 1 st reading 2 nd reading Committee stage 3 rd reading Bill goes to senate (passed 3 times) Governor General signs bill and it becomes law 14. The notwithstanding clause (s 33) Making a law immune to the charter Not used very often Political suicide Already answered 16. Obtain a search warrant Use the search warrant Or If crime is committed in plain sight or within reasonable belief, the officer does not have to wait for the warrant if they know for sure they will get one, and if they wait they could lose the evidence 17. Strike down Read in Read down 18.Crime The act or behaviour must be considered immoral by most Canadians Actions must cause harm to society or individuals Harm must be serious Person must be punished for his or her actions Mens rea a guilty mind Actus reus a wrongful deed 3
4 Willful blindness pretending not to know something Recklessness- careless disregard for the possible results of an action Criminal negligence- the wanton and reckless disregard for the lives and safety of others Conspiracy an agreement between 2 or more people to commit a crime or to achieve something legal by means of doing something illegal Aiding to help someone commit a crime Abetting if you encourage someone to commit a crime Crime prevention Law enforcement Assistance to victims of crime Maintenance of public order Emergency response Investigation of crime Indictable serious crimes that carry more severe penalties than summary Summary conviction minor criminal offences Hybrid- offences that can be a blend of both summary and indictable 23, The criminal code sets a maximum penalty for each crime Max. life and any $ Summary - $2000 and or 6 months in jail Hybrid 2 years to 10 years Empanelling selection of a jury Peremptory challenge neither the defence needs to challenge for cause as the potential juror is automatically disqualified from service Challenge for cause a formal objection to a prospective juror for reasons such as the juror s knowledge or the case or lack of impartiality 4
5 26. The judge Jury Crown Defence Court clerk Court reporter Sheriff 27. Juror? Canadian citizen 18 Reside in the province or territory for at least one year English or french Must be mentally fit to take on the responsibility 28. Jury is used only for the most serious indictable offences Judge alone summary Less indictable offences the accused can choose a judge or judge and jury 29. Murder 1 st and 2 nd degree 1 st murder is planned and deliberate Victim is a law enforcement agent cop or prison guard Death occurs while committing another crime 2 nd all other types of murder 30. Murder the deliberate killing of another person Manslaughter- causing the death of a person, directly or indirectly, by means of an unlawful act Requires only general intent 31. assault Level one: assault 2 Assault causing bodily harm 3- aggravated assault 5
6 32. Theft illegally taking someone s property without permission Robbery theft involving violence 33. Property crimes 1)Arson 2)Fraud 3)Theft 4)Break and enter 5)Possession of stolen goods 34. Charge to a jury A judge makes a review of the facts and explains how the law applies to a case Instructions to jury 35.Summation Once the witnesses have all been called the defence and crown make their final statements Defence goes first 36. Arson The act on intentionally causing damage to property by fire or explosion 37. R. v. Lavallee Defence for battered women Lavallee killed her husband before he did anything because she knew there was a chance he would kill her that night. 6
7 38. Double jeopardy to be tried twice for the same crime Intoxication defence used because defendant was under the influence Can be convicted of general intent offences Mistake of fact when a person does not have the mens rea honestly did not know they were committing a crime Entrapment police action that encourages or aids a person to commit a crime 39. Duress Forcing someone to do something illegal by threat of harm 40.Other defences Alibi Automatism Battered woman syndrome Self-defence Necessity provocation Know them all! 41.Alibi 3 parts 1)A statement indicating that the accused was not present at the location of the crime when it was committed 2)an explanation of the accused s whereabouts at that time 3)the names of any witnesses to the alibi 42.Sentencing factors Pg. 289 Guilty plea Community Victim impact statement Crown submission Pre-sentence report More on page Purpose of sentencing Denounce unlawful conduct Deter the offenders and others form committing offences Separate offenders from society Assist in rehab Provide reparations for harm don to victims or community Promote a sense of responsibility in offenders 7
8 44, 45. Specific deterrence That which discourages the specific criminal from reoffending General det. that which discourages people in society from committing a particular crime. 46. Dangerous offender someone who does violent crimes repeatedly Must demonstrate - pg. 306 one of 4 things Long-term offender someone who behaves in ways that could harm others and could reoffend 47. Mitigating factors that lessen the responsibility of the offender Aggravating factors that increase the responsibility of the offender 48.Sentencing / release Absolute or conditional discharge Suspended sentence and probation Conditional sentence Suspension of a privilege Peace bond Restitution/compensation Community service orders Deportation Fines Imprisonment 49. Statutory release an inmate s release from an institution as required by law once two-thirds of the sentence is served. Does not apply for some crimes 50.Appeals Both crown and accused have the right to appeal. Appeals can be made based on mistake of law (judge interpretation) or mistake of fact (evidence is relevant or credible?) 8
9 51.pre-sentence report An account prepared for the court prior to the accused s sentencing that sets out his or her background 52.Detaining youths Person of authority must tell the youth their rights in language they understand They must check that the youth clearly understand this Must be told they do not have to make a statement and if they do talk it could be used in court They must be told they have the right to have a parent or lawyer during questioning If they ignore these rights they have to sign a waiver stating this 53 Beyond a reasonable doubt any reasonable doubt should clear the accused of the charges (criminal) Balance of probabilities It is probable that the person is responsible (civil) 54. Purpose of civil law Regulates disputes between individuals 55.Litigation A lawsuit The legal action to settle a civil dispute Defendant plaintiff 56. Types of compensation General Damages Pecuniary Non-pecuniary Pg. 372 Injunctions Contingency fees Special damages Punitive Damages Aggravated damages Nominal damages 9
10 57.liability You are responsible Vicarious liability Occupier s liability Host liability Medical 58. negligence Action in unintentional Action is unplanned An injury results Owed duty of care Defendant breached duty of care Plaintif suffered harm or loss Breach of duty of care Motor vehicle negligence Professional Negligence 59. ADR Mediation both sides meet and try to agree on a resolution outside of the courts using a 3 rd party to help with communication Arbitration both sides agree that a 3 rd party will decided the outcome of their dispute once both sides have had a chance to argue their side 60. Duty of care A specific legal obligation to not harm other people or their property 61. damages See # 56 Also money, assets, garnishment of pay cheques, legal costs 62. Trespass to land or persons Trespass to persons: Assault and battery (know the difference) False imprisonment Trespass to Land Entering someone s land without permission Nuissance See defences pg
11 63.Defamation Slander Libel Defences: Truth Absolute privilege Qualified privilege Fair comment 64. Mental capacity Genuine consent Minimum age Close relationships Unmarried status 65. Marriage 50% - 50% Common-law legally spouse is the same Same-sex marriage See page S. 15 charter rights 67. Marriage legally ended Death Anulment divorce 68. Underage marriage Need parental consent 11
12 69. How is spousal support decided? Pg. 491 Factors to consider when determining Spousal Support 12
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