Untitled Studyset

Created by Parneet Sidhu

What is law?
A system of rules that governs society

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TermDefinition
What is law?A system of rules that governs society
What does law provide society?Order, fairness, safety, predictability
What happens without law?Chaos, injustice, unsafe society
What is the Rule of Law?Everyone including the government must obey the law
What is Due Process?Fair treatment in the legal system
What is Stare Decisis?Courts follow previous decisions
What is Ratio Decidendi?The binding reason for a court decision
What is Obiter Dicta?Judge’s comments that are persuasive but not binding
What was Hammurabi’s Code?First written laws, eye for an eye
What was Mosaic Law?Ten Commandments, equality under God
What did Greek law introduce?Juries and citizen participation
What did Roman law contribute?Contracts, property law, compensation
What was the Justinian Code?Organized Roman law that influenced civil law
What did Anglo-Saxon law create?Juries and common law
What is Indigenous law focused on?Healing, reconciliation, community
What is Substantive law?Defines rights and responsibilities
What is Procedural law?How laws are enforced
What is Public law?Government vs individuals
What is Private law?Individuals vs individuals
What are the 4 steps of legal analysis?Facts, law, apply, conclusion
What is the purpose of the Charter?Protect people from government abuse
What does Section 2 protect?Fundamental freedoms
Name four fundamental freedomsReligion, expression, peaceful assembly, association
What do Sections 3–5 protect?Democratic rights
What are mobility rights?Live, work, travel anywhere in Canada
What does Section 7 protect?Life, liberty, security
What does Section 11(d) protect?Innocent until proven guilty
What does Section 15 protect?Equality rights
What are enumerated grounds?Race, religion, sex, age, disability
What are analogous grounds?Sexual orientation, marital status, citizenship
What did R v Oakes create?The Oakes Test
What is the purpose of the Oakes Test?To justify limits on rights
What are the four parts of the Oakes Test?Important goal, rational connection, minimal impairment, proportionality
What is Section 33?The Notwithstanding Clause
How long can Section 33 last?Five years
What is a BFOR?A valid job requirement
What is a summary offence?A minor crime
What is an indictable offence?A serious crime
What is a hybrid offence?Crown chooses how to charge
What is Actus Reus?The guilty act
What is Mens Rea?The guilty mind
What is strict liability?Act only, defence is due diligence
What is absolute liability?Act only, no defence
What is intention?Deliberately doing something
What is recklessness?Knowing the risk but doing it anyway
What is negligence?Failing to meet a reasonable standard
What is first-degree murder?Planned and deliberate
What is second-degree murder?Intentional but not planned
What is manslaughter?Killing without intent
What is simple assault?Minor force, no injury
What is aggravated assault?Serious or life-threatening injury
What is self-defence?Using reasonable force to protect yourself
What is automatism?Acting without control
What does NCR mean?Not criminally responsible
What ages does the YCJA apply to?Ages 12 to 17
What is the main goal of the YCJA?Rehabilitation and reintegration
What are mitigating factors?Reduce punishment
What are aggravating factors?Increase punishment
What is civil law?Law dealing with private disputes
What is the goal of civil law?Compensation
What is pecuniary damage?Financial loss
What is non-pecuniary damage?Pain and suffering
What are special damages?Out-of-pocket expenses
What are punitive damages?Punish the defendant
What are nominal damages?Symbolic money
What is negotiation?Parties talk to settle
What is mediation?Neutral person helps
What is arbitration?Third party makes binding decision