Exam Review Law

1. The 3 Functions Of Law

a. Adjuration
o Disputes are arbitrated, and decisions are issued
b. Legislation
o Rules are determined to govern the process.
c. Execution
o Get everyone involved to submit the entire process,
and to comply with the findings
2. Divisions Of Law
a. Splits into Procedural and Substantive
o Procedural
1. Civil Law
a. Family, Tort, Property, Labor, and
Contract Law
o Substantive
1. Public Law
a. Criminal, Constitutional, Administrative
Law
3. Hammurabi
a. King of Babylon in 1700s BC, he was the first king to
establish written laws that citizens could see, and he
believed in concept of retribution.
4. Rule of Law
a. It is when King John signed the magna carta giving birth to
written laws
o No one is above the law
o Legal right could not be changed without consent of
people
o Person imprisoned had to appear before court
within a reasonable amount of time.
5. Charter of Right and Freedoms
a. Section 1: The Canadian of Rights and Freedoms
guarantees the rights and freedom only in such reasonable
limits prescribed by the law.
b. Section 2: Everyone has the following fundamental
freedoms:
o Freedom of conscience and religion

o Freedom of thought, belief, opinion and expression,

including freedom of the press and other media of
communication
o Freedom of peaceful assembly
o Freedom of association
c. Section 3: Every citizen has the right to vote, and have
membership with a legislative assembly.
d. Section 4: (1) No house, legislative assembly shall continue
for longer than 5 years from the date of election of its
members until renewed by another election. (2) In time of
war it the house may stay in power for a period longer than
5 years if not opposed by votes of 1-3 of house members.
e. Section 5: There shall be a sitting of Parliament and of each
legislature at least once every 12 months.
f. Section 6:Canadians citizen have the right to live wherever
they want, in Canada and enter and remain in Canada as
long as they will.
g. Section 7: Everyone has the right to liberty, security and
life
h. Section 8: Everyone has the right to be secure against
unreasonable search or seizure.
i. Section 9: Everyone has the right not to be arbitrarily
detained or imprisoned.
j. Section 10: On an arrest everyone has the right to know
why they are being detained, and has the right to seek
legal counsel
k. Section 11: Once someone has been charged with an
offence they have the right to
o Innocent until proven guilty
o Informed without reasonable delay
o Cannot be charged with the same crime again
l. Section 12: Everyone has the right not to be subjected to
any cruel or unusual punishment or treatment.
m. Section 13: A witness who testifies in any proceedings has
the right not to have any incriminating evidence so given
used to incriminate that witness in any other proceedings,
except in a prosecution for perjury or for the giving of
contradictory evidence.
n. Section 14: A party or witness in any proceeding who does
not understand or speak the language in which the
proceedings are conducted or who is deaf has the right to
the assistance of an interpreter.
o. Section 15: Everyone is equal no matter what
p. Section 24:If rights have been infringed upon you can
appeal to court

q. Section 33: Provinces can use a notwithstanding clause

6. What defines a crime
a. Action of accused is considered immoral by most
b. Actions cause harm to society or individual person
c. Harm caused must be serious
d. Person must be punished for his or her actions
7. 3 types of criminal offences
a. Summary: Minor criminal offences
b. Indictable: Serious crimes that carry heavier penalties
c. Hybrid: Most of criminal offences are hybrid and are
divided into summary convictions or indictable convictions

8. Murder/manslaughter
a. 1st Degree: Only convicts if killing was planned and
deliberate, victim is law enforcement agent, death occurs
when another crime has been committed and use of
explosives and terrorist activity.
b. 2nd Degree: Any murder that does not apply to the ones
listed above is 2nd degree
c. Manslaughter: Killing person by mean of unlawful act,
requires only general intent, can use provocation and
intoxication as a defense
9. Assault
a. Common Assault
o Application if intentional force to another person
either directly or indirectly without the persons
consent
o Attempting or threatening, by act or gesture to
apply force
o Approaching or blocking the way of someone
begging, while openly wearing or carrying a
weapon or imitation of a weapon
b. Assault causing bodily harm
o Anyone who commits an assault, while carrying a
weapon or imitation of a weapon or causes bodily
harm
o Bodily Harm is defined as anything that interferes
with the victims health or comfort in more than a
fleeting or trifling way
c. Aggravated Assault

o Most severe form of assault

o Defined as assault that wounds, maims, disfigures
or encourages the life of the victim
o Mens Rea required to commit bodily harm
10.

Property + Other crimes

a. Arson
o Arson is intentional or reckless causing of damage
by fire or expulsion to property, whether or not the
arsonist owns the property.
b. Theft, Breaking and Entering, And Robbery
o Theft: Stealing without a weapon
o Breaking/Entering: Trespassing on someones
property by breaking any part of the property
internal or external
o Robbery: Stealing something with the use of a
weapon
c. Fraud
o False statements to obtain credit or loan is a crime
o Anyone who writes a cheque for which insufficient
funds are available when cheque is called guilty of
an offence.
d. Terrorism
o Suspension or terror financing and suppressing of
terrorist bombing convections
o Govt defines terrorism as Action that takes place
either within or outside of Canada
e. Criminal Harassment
o Prohibits anyone from repeatedly communicating
with or following another person, who fear for their
safety
f. Criminal Negligence
o Indifference what a reasonable person to do in any
circumstances
g. Mischief
o Deliberate destruction or damaging of property

Rest is on last note sheet.