PSJS 121 - Midterm Review

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What is the purpose of law?
To regulate conduct in society and maintain peace and order.

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TermDefinition
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.