| Term | Definition |
|---|---|
What is the purpose of law? | To regulate conduct in society and maintain peace and order. |
What is criminal law? | Law involving the state prosecuting individuals for offences. |
What is civil law? | Law dealing with private disputes between individuals or organizations. |
What is common law? | Judge-made law based on precedent and previous court decisions. |
What is precedent? | A previous court decision that helps decide future cases. |
What are the stages in the life cycle of a law? | Introduction → Debate and Discussion → Adoption → Codification → Amendment → Repeal. |
Give an example of a federal statute. | Criminal Code. |
Give an example of a provincial statute. | Traffic Safety Act. |
Give an example of a municipal statute. | Mask bylaw or noise bylaw. |
When did the Charter of Rights and Freedoms become law? | April 17, 1982. |
What is the purpose of the Charter? | To guarantee and protect rights and freedoms. |
What kinds of issues are usually federal responsibilities? | Matters of national interest such as criminal law, banking, immigration, and aviation. |
What court-related responsibilities do provinces have? | Building courthouses and appointing provincial judges. |
Can provinces create criminal law? | No. |
Can the federal government make laws about education? | No. |
Can municipalities impose income tax? | No. |
What is the supreme law of Canada? | The Constitution. |
What is an administrative tribunal? | A body created by statute that makes decisions affecting people's rights. |
Give an example of an administrative tribunal. | The Parole Board of Canada. |
How does common law develop? | Through judge-made decisions and precedent. |
What is a binding precedent? | A decision from a higher court that lower courts must follow. |
What is a persuasive precedent? | A decision that may influence a court but does not have to be followed. |
Which courts are higher than the Alberta Court of Justice? | Court of King's Bench, Court of Appeal, and Supreme Court of Canada. |
What is the highest court in Canada? | The Supreme Court of Canada. |
What is ratio decidendi? | The key legal principle or reason behind a court's decision. |
What is Section 1 of the Charter? | The section that allows reasonable limits on Charter rights. |
What is another name for Section 1? | The Saving Section. |
What must a citizen prove in a Charter challenge? | That a government law or action violated their Charter rights. |
Who must have violated the Charter for it to apply? | The government or a government actor. |
How did Canada's Constitution become a legal document? | Through the Canada Act passed by the British Parliament. |
How is the Charter connected to the Constitution? | It is Part I of the Constitution Act, 1982. |
Are Charter rights absolute? | No. |
What is the purpose of the Oakes Test? | To determine whether a limit on a Charter right is justified. |
What is the first part of the Oakes Test? | Is the objective pressing and substantial? |
What is the second part of the Oakes Test? | Is the limit proportional to the objective? |
What are the three proportionality requirements of the Oakes Test? | Rational connection, minimal impairment, and balancing benefits against harms. |
What does Section 52 state? | The Constitution is the supreme law of Canada. |
What does Section 24 provide? | Remedies for Charter violations. |
What does Section 3 protect? | Democratic rights, including voting. |
What does Section 6 protect? | Mobility rights. |
What does Section 15 protect? | Equality rights. |
Which level of government creates criminal law? | Federal government. |
Which level of government creates traffic laws? | Provincial government. |
Which level of government creates bylaws? | Municipal government. |
How many parts are in the Criminal Code? | 28 parts. |
What are the three classifications of offences? | Summary, indictable, and hybrid. |
What is a summary offence? | A less serious offence with lighter penalties. |
What is an indictable offence? | A more serious offence with heavier penalties. |
What is a hybrid offence? | An offence that can be prosecuted as either summary or indictable. |
What is actus reus? | The guilty act. |
What is mens rea? | The guilty mind. |
What is required for most criminal convictions? | Proof of both actus reus and mens rea. |
What happens if actus reus or mens rea is missing? | The criminal conviction fails. |
What is an absolute liability offence? | An offence where only the act must be proven and there is no defence. |
What is a strict liability offence? | An offence where only the act must be proven but a defence is available. |
What is the difference between absolute and strict liability? | Absolute liability allows no defence; strict liability allows a defence. |
What does coagulate mean? | To change from a fluid into a thickened mass; to curdle or congeal. |
What does credo mean? | A system of beliefs or principles that guides a person's actions. |
What does parsimonious mean? | Stingy or unwilling to spend money or resources. |
What does fractious mean? | Quarrelsome, difficult to manage, or unruly. |
What does diatribe mean? | A bitter, abusive criticism or attack. |
What does exculpate mean? | To clear someone from blame, fault, or guilt. |