Flashcards
Law Exam Study
Flashcards do conjunto (46)
- 14 fundamental reasons we need law in our society1. to protect society
2. establish rules of conduct
3. to protect rights and freedoms
4. to resolve dispute - 2Canadian constitution? reasonable limits clause and notwithstanding clause?CC= outlines Canada's system of government, how Canada is to be governed
RLC= our rights can be infringed upon within reasonable circumstances that benefit society
NC= provincial power can pass legislation to sometimes override the charter - 34 fundamental freedoms1 Freedom of expression
2 Freedom of peaceful assembly
3 freedom of religion
4 freedom of association - 4code of hammurabiFirst laws written down. Harsh laws
- 54 options when claimed for a law suit1 ignore the claim
2 counter claim
3 take responsibillity
4 defend oneself - 64 types of damagesspecial damages: actual costs
general damages: non payable
nominal: to make a point
punitive: to punish - 7negotiation mediation arbitrarynegotiation: talk and agree
mediation: third party listens and guides
arbitrary: third party listens and decides - 8family law?Deals with relations between family members
- 9Legal def. of marriageUnion of two individuals with exclusion of all others
- 104 requirements to marry1. age (18 or 16)
2. genuine consent
3. mental capacity
4. no blood relatives - 112 legal ways to end a marriagedivorce, annulment
- 12civil law vs criminal lawCivil= one person suing another for compensation
criminal= a crime against society - 13citation of civil and criminal plus 2 otherPlaintiff v. defendant
R v. plaintiff
date of decision
court - 14burden of proof in C and CCivil: Who sounds more believable
criminal: beyond reasonable proof - 15actus reus and mens reaAR= did they do it?
MR= are they mentally able to understand the consequences of their actions - 16Indictable vs Summary vs HybridI= Very severe. max of life
S= not so severe. max of 2
H= can be both. decided by crown - 17Culpable vs non-culpableculpable= premeditated
non-culpable= no criminal blame - 18murder vs manslaughtermurder= meant to kill
manslaughter= meant to harm them but accidentally killed them - 19prohibited vs restricted weaponsprohibited= illegal in Canada
Restricted= allowed under strict circumstances - 20Three levels of assault in canadaassault, assault causing bodily harm, aggravated assault
- 21three levels of sexual assaultlevel one= violates sexual integrity
level two= weapons used
level three= life threatening - 22Explain NCRWhen you are not criminally responsible, you don't have the mental capacity to realize the consequences to the behaviour
- 23Why is disclosure an essential part of the criminal justice systemSo there are no suprises when the trial starts and the defendant has time to defent
- 24purpose of a preliminary hearingTo make sure the case is worth the time in the court. Enough evidence, etc
- 25Empanelling vs sequesteringE= the process of forming jury
S= the process of making sure the jury is kept away from non-jurors or influences - 26Types of challenges to eliminate potential jurorsChallenge for cause, peremptory challenge
- 273 reasons someone might be wrongfully convictedfunnel vision, bad science, bad witnesses
- 283 key participants in a courtroomJudge, court clerk, jury
- 295 defences that can be used in a criminal case1. necessity
2. Self- Defence
3. NCR
4. Intoxication
5. Alibi - 30two things that could happen after finger printed and photographedArraignment, Bail hearing
- 31Oath vs affirmationO= a swearing on bible or other religious piece to tell the truth
A= Telling the truth - 32Aggravating vs mitigating circumstancesAggravating= bad factors that are included for sentencing eg. alcoholic, repeated offender
Mitigating factors= good factors that'll look good for sentencing eg. Charity member, first offendr, etc. - 334 goals of sentencingProtect society
rehabilitationn
retribution
restitution - 34Absolute vs conditional vs suspended dischargeA= no conditions, no record, found guilty
C= meet conditions and record will be wiped, found guilty
S= conditions, record, guilty - 35Conditional sentencea conviction and will appear on a person's criminal record. with conditions
- 36Consecutive, concurrent, intermittent, indeterminate sentencesConsecutive= sentences served after each other
concurrent= sentences served at the same time
intermittent= served on weekends and nights
indeterminate= not state a specific period of time or release date - 373 more sentencesFines, Electronic monitoring, probation
- 38druga medicine or other substance which has a physiological effect when ingested or otherwise introduced into the body.
- 39drug possession vs traffickingpossession= having the substance on you or in your control
Trafficking= having drugs for selling purposes - 402 situations were you can be charged for possession and not have any on youknowledge (friends smoking in car with you), control (holding drugs for a fiend in your locker)
- 41care or control? 2 circumstances you can be charged without driving a car`when in charge of a car/driving, you have care and control over the car. you are not allowed to have CC with an BAL of .08 or more.
1. lying in your car
2. standing by the car - 42civil cases: motorvehicle, who has the burden of proof rest with? seat belts and safety?BOF lays with passenger, if over a certain age and up until a certain point. driver is in charge of seat belts for people under 16.
- 43Commercial host (3 precautions) vs social hostCommercial= sells alcohol for a living, eg. restaurant, bar
1. dont serve intoxicated
2. provide options eg. taxi
3. have servers smartserve trained
social= private citizen providing alcohol. - 443 main types of tort1. Trespass to person
2. Trespass to land
3. Nuisance - 454 components of liability in a civil case1. reasonable person
2. foreseeable
3. duty of care/ standard of care
4. remoteness - 46YCJA def. and who does it apply toYouth Criminal Justice Act and it applies to teens at the age of 12-17
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- Grade 11 Accounting FlashCards sobre Law Exam Study, criado por Amy L em 24-01-2017.
- Criado por
- Amy L · jan 2017
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- 24 jan 2017
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