Ovido
Språk
  • Engelska
  • Spanska
  • Franska
  • Portugisiska
  • Tyska
  • Italienska
  • Nederländska
  • Svenska
Text
  • Stora bokstäver

Användare

  • Logga in
  • Skapa konto
  • Uppgradera till Premium
Ovido
  • Hem
  • Logga in
  • Skapa konto

Intro to Canadian Justice Midterm

Something that is within law making authority?

Intra vires

Laws made by judges or courts are called?

Case law or Common law

Laws written by the government?

Statutes

When a court must make decisions based on a procedure decided by higher courts based off a previous case with the same legal issue

Precedents

Hiearchy of the courts

1) Trial court
2) Provincial/territorial court

3) Supreme court

Common laws created in _______ court are legally binding for all of Canada

Supreme

R. vs. Jacobson, (2006), 207 c.c.c(3d) 270 at 289(ONT.C.A)
What year was this created? What statute is it from?

2006
Criminal Code of Canada

Human Rights Code, R.S.O. 1967, Chapter 4. 15
What is the relevence of 1967?

The year it was revised

Laws made by judges via case decisons that become legal precedents for lower courts.

Common Law

Legal principle requiring lower courts to follow legal precedence/case law made by upper courts.

Stare Decisis

Court hierarchy

Trial->Provincial Court of Appeal->Supreme Court of Canada

What are provincial courts of appeal binding for?

Their own province

Are trial courts influential or binding?

Influential

What court decisions are binding for all of Canada?

Supreme Court of Canada

R. vs. Wilson
What kind of case is this?

Criminal

Where is there overlapping jurisdiction between federal and provincial laws?

Taxation, Criminal law, Marriage

When there is overlapping jurisdiction how is it decided who gets power?

Determining the dominant features of the case and giving power to the court it best aligns with.

What does the amending formula require agreement of?

-Federal Government
-2/3(7/10) provincials containing at least 50% of canadas population

How is the Canadian constitution changed?

Amending formula

What is the preamble of a statute?

Purpose

What are the 6 parts of reading a statute?

1) Short title
2) Definitions

3) Preamble

4) Parts

5) Sections

6) Care section

When "shall" is used in a statute what does it mean?

It is imperative
Non-negotiable, judge has no discretion

When may is used in a statute what does it mean?

It is permissive
The judge has discretion

What is it called when a judge assumes a fact, unless otherwise is proven?

Legal Presumption

Rules made within a statute are called?

Regulations

What is the purpose of common law?

Fairness and consistancy

How is a common law made?

When a case is appealed to a higher court and it is determined that a mistake was made in lower court, the new decision applies to all lower courts

Which court hears evidence from witnesses?

Trial

What 3 things does Trial court hear?

-Evidence
-Arguments

-Motions

Who does the provincial court hear from?

Lawyers tell judges what info was discussed in trial court

What cases make it to Supreme Court of Canada?

Unique cases or cases with national value

When can a Supreme Court decision be challenged?

-If the legislature revises
-If legislature is created to change the precedent

how many judges are usally involved in a provincal court of appeal case?

3

how many judges are usally involved in a supreme court case?

9

In the Supreme Court of Canada, how are decisions made between the judges?

Majority rules

When a minority of the supreme court disagrees with the decisions made by other judges what do they do?

Write dissenting opinions

Why do judges stay in their jobs for a long time?

-They're appointed till age 75
-Very difficult to fire

It takes a pannel of judges to decide if they should be dismissed

What does JJA mean?

Justices of Appeal
If only one J it means there is only one judge, two means multiple.

When the name of a party in a case is only their initials what does that mean?

They are a minor

what does ONCA, OCA, Ont.CA stand for?

Ontario Court of Appeal

What does a written judicial decision consist of?

-Brief description of the case
-Relevent statutes and case law

-The judges decision with reason

-Comments helpful to those reading the case

How does one win an appeal?

Show that an error was made in the lower court or show that the sentence given is excessive.

What do appeal judges consider when deciding whether to appeal the case?

-If the sentance is unfit
-Any precedents possible

-Factors are balanced

What are the 3 decisons the appeal judges can make when reviewing a case?

1) Uphelp: appeal denied
2)Overturned and sent for reconsideration: Appeal allowed and sent back to trial court

3)Overturned and appeal court imposed new sentace: Appeal allowed and the appeal court comes us with a different sentance.

What does overturned and sent for reconsideration mean in appeal court?

An appeal is allowed and is sent back to trial court for reconsideration

What two parties are involved in a criminal case?

The crown. vs. the defendant

What catagory of law applies when society alleges someone has done something wrong and should be punished?

Criminal

What catagory of law applies when someone alleges someone has caused them harm and they deserve compensation?

Civil

What catagory of law consists of smaller pannels of specialized individuals?

Administrative

Who are the 3 key players in the criminal system(not including defendant and plaintiff)?

1) Police
2) Prosecuter

3) Defence council

What must police have to lay charges?

Probable and reasonable grounds

Who is the prosecuter representing in criminal court?

The king and society

What is the prosecuter responsible for?

-Facing the accused
-Present evidence to the judge proving the accused is guilty

What must the prosecuter provide the accused with?

Full disclosure of their case against them

What is the accused entitled to in criminal court?

A lawyer, though they may chose to represent themself.

In criminal court, does the accused have to disclose their case to the court/prosecuters?

No

The _____ is on the person who as to prove the case?

The onus

Who is the onus on in criminal court?

Prosecuter

In criminal court, what happens when the accused pleads not guilty?

A trial occurs

What happens when the accused pleads guilty in criminal court?

Case goes directly to sentencing with no trial

The degree to which something must be proven is called?

The standard of proof

In criminal court, what must the prosecuter prove to persuade the judge?

Guilt beyond resonable doubt

What must reasonable doubt be based on?

Evidence beyond sympathy or prejudice

In criminal court, what might the accused try to raise to help their case?

Reasonable doubt

In criminal court, what happens when the accused is found guilty?

They are convicted and the prosecuters ask the judge for a specific punishment

In criminal court, what happens when the accused is found NOT guilty?

They are aquitted

In criminal court, who decides the sentence of someone found guilty?

Judge, jury has no say.

How many people are in a criminal court jury?

12

In criminal court when can the accused chose a jury?

when they face a maximum punishment of 5 years in jail

In criminal court, is the jury decision majority rules?

No it must be unanimous

When is there NO right to a jury in criminal court?

When the charge is under provincial legislation or municipal by-law.

In criminal court, what must the judge inform the jury of before they decide if the accused is guilty or innocent?

Instruct them on the law

What is the main reason people are sued?

Negligence

What are the 3 elements for torts of negligence?

1) Defendant owed a duty of care to plaintiff
2) Defendant behavoir fell below the standard of care

3) Harm was caused by lack of care

The legal obligation of a person to reasonably avoid acts that could cause someone harm is called?

The duty of care

The degree of care a reasonable person should extercise under the circumstances is called?

The standard of care

In civil court, what must be proven to appoint liabilty to the defendant?

-They had a duty of care
-They fell below the standard of care

In civil court, how do judges determine if the defendant owed a duty of care?

Should the defendant have reasonably foreseen that their actions could be harmful

In civil court, how do judges determine if the defendants behavoir fell below the standard of care?

Did the defendant do everything a reasonable person would do to avoid harm

In civil law, how does the judge determine if harm was caused by lack of care?

-Did intervening events add to injury
-Is there a link between lack of care and injury

Take your victim as you find them refers to what rule?

The thin skull rule

If the plaintiff had a pre-existing condition that made the outcome worse than what could be expected of a normal person is the defendant still responsible for damages?

Yes, they are responsible for all actions that are a result of their harm(thin skull rule).

In civil court, can the liability be divided amoungst multiple parties?

yes, the appointment of liability can be put on multiple parties by percentages

Can partial liability be appointed to the plaintiff?

Yes, it leads to less compensation from the defendant

What are the 6 major examples of intentional tort?

1) Assault and Battery
2) Trespassing

3) False arrest and imprisonment

4) Defamation

5) Invasion of privacy

6) Nuisance

What must be determined of the defence, for an intentional tort to be proven?

That they acted with purpose and knew they would cause harm

Uninvited threat or application of force is defined as what?

Assault and battery

How is assault and battery often defended?

The plaintiff gave consent, but must consider to what extent.

Entering or handling someones property without permission is called what?

Trespassing

How are tresspassing torts often defended?

The person had permission, but must consider if they overstepped.

Being stopped or confined without lawful reason is what tort?

False arrest and imprisonment

Is suspicion that someone has committed or is going to commit a crime a valid reason to detain or arrest someone?

No

Libel is what kind of defamation?

Written

Slander is what kind of defamation?

Spoken

What 3 things must happen for something to be considered defamation?

1) Publish a comment
2) Comment is heard or read by others

3) Damaged the plaintiffs reputation

How many people must read/hear a comment for it to be considered defamation?

only 1

Even if a comment is true, why is it still considered defamation?

because of common law privilege, meaning people are still responsible for communication on matters of public interest

Publicly disclosing private facts about someone is what tort?

Invasion of privacy

Indirect interference with someones enjoyment or use of property is what tort?

Nuisance

What is a common defence for a tort of nuisance?

There is a pre-existing use

When an activity is so inherently dangerous and the intent does not matter what kind of tort is it?

Strict liability

If someone decides to keep polar bears on their property and someone enters their property, is attacked and injured, is the property owner liable for the harm?

Yes, because of strict liability torts that outline any harm caused is their responsibility.

What are the 3 parts included in a legal contract?

1) An offer(Negotiation)
2) Acceptance of offer

3) Consideration(payment of sorts)

When and who can someone sue for breach of contract?

Someone can sue when the terms of the contract are not fufilled. They can only sue parties on the contract.

How is the breach of contract defended?

Diminished Capacity

What must administrative decision makers base their decision on?

Statutes

Why may administrative decision makers suddenly lose their job?

-Once a goal is reached
-A new political party is in power

-They were only on a short contract

What kind of law hearing does not have judges?

Administrative

What kind of law hearing does not require advanced disclosure of evidence that will be used?

Administrative

Does administrative law require the following of precedents?

No

Administrative decision makers must follow strict rules of accepting evidence?(t/f)

False, they can use any evidence they find reliable

What kind of law applies when decision makers are involved in uncovering facts, questioning witnesses and interviewing?

Administrative

There is a consistent right to appeal in administrative law?(t/f)

False. Only some statutes allow for appeal, there is no consistant right to appeal.

In administrative law, what is it called when a case does not allow for appeal?

A private clause

There is the same process that every administrative decison maker must follow?(t/f)

False. The processes are unique to different boards/tribunals and are sometimes outlined in statutes.

When does the court interfere in administrative law?

When the decision maker goes ultra vires(outside their authority/jurisdiction), even is there is a private clause.

Examples of situations where the court may step into administrative cases?

-Inventing powers
-Refusing to make a decision

-Going outside the statute

What are the 3 elements of procedural fairness?

1) Right to know
2) Right to respond

3) Right to an impartial decision maker

What does the right to know include?

-The right to be notified when a decision will be made
-The right to know the case against them

What is the responsibility of the Parole Board of Canada

To decide whether an inmate should be released prior to the end of their sentence.

What does the Parole Board of Canada follow?

Corrections and conditional release act.

What 2 things does the criminal records act outline when deciding if someone gets their criminal record cleared?

1) If they need to work, travel or start clean
2) Only allowed for less serious crimes, when time has passed

What is the top priority of the corrections and conditional release act

Protection of society

The corrections and conditional release act only allows parole when?

-The offender does not present undue risk to society
-Release of the offender contributes the protection of society

What do prisoners getting parole receive?

-Release plan
-Outline of living arrangments

-Employment opportunities

-Treatment plans

What 4 things do decision makers consider when deciding if someone gets parole?

1) Reason for the sentence
2) Vicitim impact statement

3) Facility inmate file(treatment participation/success, participation in programs, infractions in custody)

4) Risk of re-offending

Are parole hearings public?

Yes

In parole court, if the decision maker works outside of their jurisdiction what can the prisoner appeal to?

federal court

When the Parole Board of Canada decides to give parole what happens?

There are automatic release conditions and they may add additonal conditions specific to the case.

Quiz
hkk ekonomi
Music Theory
werkwoorden
engels mission 15
Bio review
MIDTERM PRACTICE
lesson 3
Principles of Flight
Biology Unit 2: Genetics
Frans woordenlijst F-Noui oui bagguetetet
204 (Cognitive Assessment)
engels mission 14
204 (Executive Dysfunction)
HIS 007
oregel bundna verb
platser och vägbeskrivning
stoppkörning måndag
hsk1adsa
The Skeleton (General) & Bones
English Flashcards 1st 9 Weeks
Psychology: Reseach Methods
I Daniel Blake
Assassin’s Creed
allemand
ITO - Gamla tentor Mål 1 Sant/Falskt
1480 networkingchapter 1 ~ 6
Antoineanions
Intro to Law CHAPTER 1
Mang. & Org. 8-11Mangement and organization test
medical terminology Chapter 4
Greek Alphabet
Environmental studies flashcards
history foreign affairs that shaped canadas identity
MecaphyApplications de la lumière
Physics Mouvement circulaire, Équations et Exemples
Environmental Science - Water treatment
Biochemistry
geschiedenis h1
Physics Projectile, Plan Cartésienne et Exemples
water aid
Physics Mouvement, Équations et Examples cinématiques
medisch
Engelska glosor "rock what you got"
Purchasing
aadrijkskunde soak
What person am I? 👍
unit1 section1 atomic structur chem
A Level Biology - Unit 1
Spanish Professions👌👌(^///^)
spanska 1
tyska prov
régions du corps
weather
weather
T&T
Strat Comm Exam 2
Strat Comm Exam 1
EAS Flash Cards
poli 103
black panther
Spanish Rooms and furniture
Rec 252 - Midterm
Non-Mendelian Genetics
Mendelian Genetics
KPE261
Teknik
ordklasser
Pharmacology
frågor 2
mathsdifferent maths equations
geschiedenis
Spanish past tense holidays
theme of amibition in macbeth
economics theme 1
Kiss of the vampire
tide
Biology: Inheritance, Variation and Evolution
Population IBGeo
PLU-koder Stora Coop Västberga
Psychology of Sex
protocol names
part of the leaves
ecosystem
Hobbes
Geography Unit 2 Test
ITM750 Midterm Practice Questions
BIO Examen 2
Histoire des sciences de la mésopotamie au monde arabeTest
KIN 1070 MID TERM
crc
Los beneficios y los aspectos negativos (1.1)
Information Technology
europe quiz
Finansiell analysFormler
accents
Environmental science - Physical features of Earth + atmosphere.
Memory (psychology)
Environmental science - groundwater and aquifers
Människosyn religionOlika uppfattningar inom de största 5 religonerna.
Kemi 1
Tyska
Brain atnatomy and limic system
science
Unit 7: Key terms A and P
moeilijke termen nl
Science rev y9 1st test
Environmental science - life processes
beta voortplanting
CHYS 2P10 Midterm Flashcards- on content from the first five weeks of class
german 6
PROV
suffixsuffix
nederlands woordenschat
prefix´Prefix
ak se1
SPANISH B
vocabulaire Japonais
sound device
imagery
frans
TEORIER
Social influence (Psychology)
La inmigracion en el mundo hispánico (1.2)
Research Methods & Analysis
French Vocab #2
interview questions
bds - cop
Portuguese Lessons
Alevel biology cell structure
histoirejsp
Metod och Statestik
Key words rivers in geography
Sinnena
Nervsystemet 2
iran
Nervsystemet
allmänna medicinska termer
Transport across cell membranes (Chapter 4) BIOLOGY
Inför prov säk och reg
Noun Genders
No
Engelska v.41
De levensloop van de mens
seperate science for gcse
gcse chemistry
HomeworkLes vêtements
historia LT Sa23E
Chapter 3: Naming Compounds/ Prefixes/ Roman Numarals
countriesgeneral information about all countries in the world
French Vocab
bio variation
EMS POST'S
204 (Senses)
Khloe Begemansceice
Basic Verb & Conjugations
US History exam 1
classics test
geog tests
French
copper sulfate core practicalFlashcards for the copper sulfate practical
eco
medeltiden, renässansen instuderingsfrågor
Business 2.1- forms of business
science
intro to biomaterials
BE 305
Ekologi
Polisen i samhället
Upplysningstiden Del 3Frågor om upplysningstiden del 3
RUMSUPPFATTNING
Welsh Adjectives
istruzione 2
TALUPPFATTNING NR 2
TALUPPFATTNING NR 1
Bio Exam 2
Färgerna läxa
structures guidantes
privat juridik
grammar
anglais
inför engelska prov v.41
patrull
l'istruzione
FrenchFrench vocabulary
geography
spanish vocab-las materias
CYBER
Periodicity
ITM 750
Chase Science
eco h1 par.4
eco h1 par.3
Histoire
eco h1 par.2
week 4
eco h1 par.1
science block 1- year 9
spanish t37
pépémaëstro
Hegel
Articles
greek
RS CAT - PHILOSOPHY
Livsåskådningar
H-G - Chapitre 1 - dossier 1 & 2
Arbitrage international
Samhällsäkerhet
piano grade 8 theorygrade 8 theory on songs
Anatomi
Computer Science - Paper 1
french adj ( reverse)
sp
Biology
french adj
Media Terms
Sveriges politiska system
business
duits Kapitel 1
Engels So 1So leren Engels 9 oktober
Conversions
Atomic Structure (Chapter 1) CHEMISTRY
Begrepp sexuell läggning och könsidentitet
Begrepp andrafiering
L'heure
Begrepp rika och fattiga
Begrepp kön och genus
French counting words 0-70 (options)
French counting words 0-70 (type)
Latin verbslatin verbs test revision
Latin Verb EndingsLatin verb endings test revision
light and the human eye
other
Terrein
French Colours
French Colours
Sanskrit Asanas
Econ Mid term 1
Essay Test Unit One: Rhetorical devices
The digestive systemds quiz
begrepp introduktion samhäll
Psych 104 Mid term 1
bds
drugs in pharmacolog n their use
branches de la biologieCours de bio.1.12
colyne
privajuridik 2.0skadeståndsrätt
Privatjuridik
German - 4.2 teil 1
latijnniks
german vocab 5
KANJI
Japanese Vocabulary
EDEL 321 CardsTerms and Concepts for the EDEL 321 Midterm
Unit 6: Key Terms A and P
Biology test flashcards term 1a (living organisms & biological molecule)
A Level Psychology - Social Influence
English - Jeykll and Hyde quotes
biology
PhoneticsAccents phonetic alphabet
Nederlands woordenschat blok 1
Rumsuppfattning
Chem: Chapter 3
OPTA 222 (GBS)
Begrepp DES
medical terminology
latin vocab stage 7.
redigering
History - USA topic 1
SPANSKA
Arabic
Romeo and JulietCheck your knowledge on Romeo and Juliet
sound and the human ear
ANGLAIS MMI
Fotboll
geschiedenis tijden (Sarah's version)
egypt
Science Study Guide Unit A Section 1 and 2
Bio Unit 1 Test- Communication
english vocabw
Science
biology flashcards homeostasis & inheritanceincludes: -homeostasis -negative feedback, -reproduction -kidneys -plant hormones (glucoregulation and thermoregulation NOT included)
frans chap. 1
Engels toets
Roots 4
Chemistry test flashcards term 1a (1a and b)
océan et espace
poetry test revision
Bio Unit 1 Test- identification
Film Terms
English Poem VocabularyEnglish Poem Vocabulary
Bio Unit 1 Test- Matching