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This study guide provides a comprehensive overview of key concepts and terms relevant to the canadian legal system, covering topics such as law schools, legal professions, court structures, criminal law, torts, family law, and administrative law. It offers concise definitions and explanations of essential legal terms and concepts, making it a valuable resource for students preparing for their crim 1160 final exam.
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Law Schools - ansTerm used to refer to Faculties of Law at specific universities. Students gain admission to these institutions after completing an undergraduate degree, or a portion thereof, from a recognized university; one cannot attend directly from secondary school Law Societies - ansProvincial associations (which can be subsets of the Canadian Bar Association) that license lawyers to practice in each province in Canada. Licenses are granted after a period of articling and successful completion of Bar Admission examinations Articling - ansAn LL.B. Graduate's period of learning in a legal setting and further series of tests referred to as Bar Admissions. Only upon successful completion of these criteria can a person be called to the bar of a province, and practice law Law School Admissions Test - ansAn aptitude test developed in the US as a means of determining suitability for legal education and the practice of law. Often criticized for its cultural ethnocentricity and its lack of useful performance indicators, remains a requirement for admission to Canada's law schools LL.B. Degree - ansBachelor of Laws degree granted from a law school in recognition that its holder has completed a university-mandated legal education. This degree alone does not entitle the holder to practice law in Canada Canadian Judicial Council - ansCreated by Parliament in 1971, its statutory mandate is to set out Judges Act, which states that the council is established to "promote efficiency and uniformity, and to improve the quality of judicial service" in Canada's federally appointed courts. The council, which has 39 members and is chaired by the Chief Justice in Canada, is responsible for the disciplinary measures concerning all federally appointed judges Provincial Court - ansLowest in the hierarchy of Canada's court system. The trial courts have 4 divisions: criminal, youth, small claims, and family. 90% of all criminal offences are heard in this court's criminal division Superior Courts of the Province - ansTwo divisions: Trial Division: hears the most significant criminal and civil cases Appeal Division: hears all appeals prior to possible consideration by the SCC Supreme Court of Canada - ansThe court of last resort since 1949, has 9 justices and hears appeals in relation to significant criminal and civil cases, and references regarding constitutional matters Summary Conviction Offences - ansCrimes specified in the Criminal Code that are considered to be less serious than others and that carry a maximum sentence of a fine of no more than $2000 or six months of incarceration Indictable Offences - ansThose crimes in the Criminal Code that are considered to be very serious and that carry substantial penalties Hybrid Offences - ansCrimes in the Criminal Code for which the Crown Attorney may decide (elect) whether to proceed by summary conviction or indictment by assessing the nature of the case and the facts evident before trial Federal Court of Canada - ansComposed of two divisions: Trial Division: Has original jurisdiction in most cases where relief is claimed against the Crown as well as exclusive jurisdiction for judicial review of most decisions of federal boards, commissions, or other tribunals. The court's jurisdiction also includes interprovincial and federal-provincial disputes, intellectual property proceedings, admiralty matters, immigration proceedings, matters pertaining to the Charter, citizenship appeals, and appeals under certain federal statutes. The Appeal Division: Hears appeals from the Trial Division
Adversarial System - ansThis system suggests that the truth is most likely to emerge from strong advocacy for opposing points of view. Places its confidence in the counsel who appear before the court Inquisitorial System - ansLegal system that places its confidence in the judge or arbitrator, who is required to ask relevant questions in an effort to determine the truth of the matter Jury - ansA panel of one's peers that is responsible for fact finding or determining the truth or falseness of facts in evidence at trial. Mostly used in criminal proceedings and is not expected to make determinations on the law, a matter left to the trial judge Star Chamber - ansFrom 1487 to 1640 sat in camera (privately) and handed down legal and often arbitrary decisions that were not open to scrutiny by the public Conflict Resolution/Alternative Dispute Resolution - ansNew model for deciding disputes has been developed by communities and the legal profession as an option to the court process. Most common forms are mediation, a form of negotiated settlement between the disputing parties, and arbitration, which has a non-judicial officer determine how the issue in dispute between the parties should be resolved Restorative Justice - ansModels of dispute resolution, such as sentencing circles, that can apply to Aboriginal populations and are said to more accurately reflect the participants' interpretations of justice that those imposed through the British-based Canadian legal system Torts - ansA private wrong (as opposed to a crime which is a public wrong punishable by the state). Torts can only be pursued as a private matter by or against another individual corporation, or arm of government Intentional Tort - ansTorts that occur as a result of a wrongdoer intentionally (or apparently intentionally) harming another either physically or mentally. These include the torts of assault, trespass, and defamation Negligence - ansA person or legal entity will be found to be negligent when his, her or its conduct falls below the standard expected of the reasonable person in the specific circumstances in question, and when damages are incurred as a result Reasonable Person - ansFictional character who exists in private law (primarily tort) and who decides whether explanations offered by the wrongdoer are rational Plaintiff - ansA person who has been harmed by the actions of another and commences a lawsuit to redress the wrong, usually by seeking an award of damages Criminal Code - ansFederal statute enacted in 1892 which sets out most public crimes and their penalties Punitive Damages - ansDamages that are awarded in tort beyond what is necessary to compensate an individual or a legal entity for losses sustained and for pain and suffering. The purpose is to deter the conduct in question, thus bringing a public law objective to the realm of private law Liability - ansWhat the court decides in a private law action. In this situation, the court assesses fault and decides whether damages are awarded. Differs from finding of guilt, which is the determination that a judge must make before a wrongdoer can be convicted in criminal law Defendant - ansThe person against whom a private law proceeding has been brought as well as the term used for a person who is charged in criminal law Consent - ansA defence to allegations that an intentional tort has been committed; can also be used as a defence in criminal law
reviewed for a limited number of reasons, including abuse of discretion, violation of the principles of natural justice or procedural fairness, or failure to conform to the technicalities of the empowering legislation Natural Justice - ansThe written and unwritten rules and procedures to be followed by any person charged with the duty of adjudicating disputes. The chief rules are a duty to act fairly, to act in good faith, and to act impartially or without bias Doctrine of Fariness - ansAn extension of the principle of natural justice, which requires administrative tribunals to act with both substantive and procedural fairness to all parties Audi Alteram Partem - ansLatin maxim that means "hear the other side", this rule requires that parties to a dispute have a fair hearing, which includes notice of when and where the hearing is to be held, the opportunity to bring witnesses, and the right to cross examine the witnesses brought by the opposing litigant Nemo Judex - ansAbbreviation of a Latin maxim means that no person should act as judge on his own behalf, the apprehension of bias on the part of the decision maker must be excluded from all decision making within an administrative tribunal, board, committee or commission Conviction - ansRefers to the determination by a court that a person is responsible for or guilty of the crime they have been accused of Actus Reus - ansLiterally the evil act a key component of conviction for any criminal offence. For an individual to be convicted of a crime, actus reus and mens rea must coincide at the time of the offence. Without a coincidence of an evil act and an evil intent, there can be no conviction for crime Objective Intention - ansAn element of mens rea that is applied in certain cases and determines whether a reasonable person would have expected a criminal deed to flow from the defendant's actions Subjective Intention - ansAn element of mens rea that asks the question whether the defendant expected that a criminal deed would result from his or her actions Strict and Absolute Liability Offences - ansOffences that arise from the breach of regulatory or public welfare statutes and that do not typically lead to an incarceration; nor is intent a necessary element of the offence. The fact that the action occurred is evidence that the offence was committed. Usually in these situations, the onus is on the defendant to prove that they were not the cause of the offence Defences or Mitigations of Criminal Responsibility - ansUsed by the accused to demonstrate that they were not criminally responsible for the crime that they committed, or that they had diminished responsibility Sentencing - ansThe task of imposing a penalty for a crime. The purposes are set out in section 718 of the Criminal Code - denouncing unlawful conduct, deterring the offender and others, separating the offender and others, separating the offender from society where necessary, assisting in rehabilitation, providing reparation for harm done to victims, and promoting a sense of responsibility within offenders, and acknowledgement of the harm done by their actions Legal Independence - ansRule of Law Judicial Independence Lawyer Independence Rule of Law - ansAll are equal under the law No one is above the law - all are accountable Fundamental principle of Canadian democracy
Guards against arbitrary government Submission of all to the law Separation of powers within the state Independent judiciary Independent legal profession If the executive branch interferes with the judiciary this erodes the rule of law and the protections it affords Judicial Independence - ansJudges are free to make decisions without interference or influence from any source State can't tell a court/judge how to decide a case, nor discipline a judge for a decision Judges must be impartial
Evidence is not unduly prejudicial Evidence should only relate to present case Rules of Procedure - ansEnsure both sides are treated equally and fairly Creates atmosphere of respect Truth should emerge through questioning Rules of Evidence - ansKeep the contest fair Rules of Procedure - ansTruth emerges through questioning Strengths of Judge - ansImpartial Fair Independent Disadvantage of Judge - ansExperience can't be utilized in a case (lawyer knowledge) Strength of Legal Representation - ansChoice of lawyer by client Disadvantage of Legal Representation - ansLawyers can be very expensive Strength of Parties - ansMake the best case Disadvantage of Parties - ansCreate further animosity, delay, cost Strength of Burden/Standard - ansEveryone knows burden of proof and standard to reach Disadvantage of Burden/Standard - ansMore concern with winning than truth Strength of Evidence/Procedure - ansEnsures fairness Disadvantage of Evidence/Procedure - ansWitnesses may be intimidated, may be mislead, can only respond, relies on memory of witness, expert testimony may be given too much weight, truth may not come out Inquisitorial System - ansCivil law jurisdictions Judge is more actively involved/central role No jury trials Accused can be compelled to answer questions Features of the Inquisitorial System - ansRole of Parties
Rules of Evidence and Procedure
Robinson was not liable Tort Law - ansRights and obligations If someone harms another they should be compensated for harm Intentional torts, Negligence, and Strict Liability: Unintentional/Accidental Negligence - ansMost common form of tort law Created by judges Civil wrong not criminal wrong Provide a remedy - generally in the form of damages
Disagreement with Government - ansIf you disagree with a decision that a particular government agency has made, an administrative tribunal will hear your complaint and make a decision about your case Types of Tribunals - ansAdjudicative tribunals
Intends to kill one target but unintentionally kills another Exceptions to Mens Rea - ansStrict Liability Absolute Liability
Necessity - ansImminent risk requires the law to be broken Provocation - ansPartial defence reduces murder to manslaughter Self-Defence - ansFull defence, not guilty