Part A of the Law Exam 11/12

Identify and State the Significance

The significance should show the relationship between the concept and Canadian Law Aboriginal Law: Laws that had established governments, religions, social structures, and legal systems, which governed the various Aboriginal groups. Significance: It extended into the Great Binding Law which was the constitution of the Iroquois Confederacy. The Great Binding Law outlined the rights, duties, and responsibilities of people and included laws covering adoption, emigration, treason, and secession. Absolute Liability Offence: Offences that do not require mens rea and to which the accused can offer no defence. Significance: Once the Crown has established that the offence took place and the accused was responsible for it, the Court must find the accused guilty. Actus Reus: The guilty act the voluntary action, omission, or state of being that is forbidden by the Criminal Code. Significance: The Law can find a person guilty if they find that the defendant committed the wrongful act and applied force intentionally to that person, directly or indirectly. Attempt: The intention to commit a crime, even when the crime is not completed. Significance: Even if the crime was found to be incomplete, attempt is an exception for a criminal act to be considered complete. If the incomplete crime indicated a realistic threat, then it would make the participants liable to charges of criminal attempt. Automatism: A condition in which a person acts without being aware of what he or she is doing. Significance: Automatism negates the actus reus of a crime because someone in such a state does not act voluntarily meaning they cannot be charged with a crime. British Common Law: Law that developed in English courts, which relies on case law and is common to all the people. Significance: Common law led to the principle known as stare decisis meaning to stand by the decision or to abide by decisions already made. The process of applying stare decisis developed into the rule of precedent which is used in todays Canadian law. Rule of precedent means to apply a previous decision to a case that has similar circumstances.

By: Christina Weng

Page 1

Part A of the Law Exam 11/12

British North America Act: It was passed by the British parliament in 1867 and was proclaimed into law on July 1 of that year. Significance: The act set out the rules for how Canada should be governed and what kind of country it would be. At the time, it was not meant to be a constitution for a totally independent country it was a constitution for a colony. Canadian Bill of Rights: A document that protects the rights of Canadians. Significance: It was the first attempt to codify rights and freedoms across Canada. Code of Hammurabi: One of the earliest-known sets of recorded laws, written by King Hammurabi of Babylon. Significance: It is similar to Canadian Law, in a way, when we reflect upon the concept of retribution. Babylonian laws reflected a patriarchal society and protected the wealthy, but Canadian Law is able to see the positive aspects of their laws such as: recognizing that people should not lie, especially at a trial and that the strong should protect the weak. Compulsion/Duress: A defence in which the accused person is forced by the threat of violence to commit a criminal act against his or her will. Significance: This is relevant to Canadian law because section 17 of the criminal code says that a person will be excused from having committed an offence if the accused did so under compulsion. Conspiracy: An agreement between two or more people to carry out an illegal act, even if that act does not actually occur. Significance: Despite whether the act was actually carried, even if the conspirators change their minds or do not get a chance to commit the offence, they are still guilty of conspiracy because they once agreed to commit the crime. Constitution: A document that sets out the framework or blueprint for how a country should be governed and what kind of country it should be. Significance: In the event of disputes or conflicts, our society would look to the constitution for guidelines which is how Canadian law originated from. Due Diligence: The defence that the accused took every reasonable precaution to avoid committing a particular offence. Significance: The accused may acknowledge that the offence took place but then offer this defence.

By: Christina Weng

Page 2

Part A of the Law Exam 11/12

Entrenchment: In a general sense, to include or incorporate one thing into another. In a constitutional sense, to protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the Constitution. Significance: Having rights and freedoms identified as part of the Constitution ensures that they are protected, regardless of the government in power. Freedoms: The ability to conduct ones affairs without being hampered or frustrated. Significance: It relates to Canadian law because it allows us to conduct our lives as we see fit and secure in the knowledge that government has passed laws and enforces them to protect us. Greek Law: The first form of democracy was born in Greece, although it was not democracy as we know it today. Significance: Greek Law introduced the idea of democracy and having equal rights as we know it today in Canada. This is why our laws and values are controlled by society. Intoxication: The condition of being overpowered by alcohol or drugs to the point of losing self-control. Significance: Intoxication can only occasionally be used as a defence if it is not self-induced. Magna Carta: A charter of political and civil rights signed in 1215 at Runnymede in England. Significance: It was the first step in establish individual basic rights for the people of England. It recognized the principle known as Rule of Law. Mens Rea: A deliberate intention to commit a wrongful act, with reckless disregard for the consequences. Significance: It is the second element that, in most cases, must be present with actus reus for a criminal offence to be committed. Mosaic Law/Ten Commandments: Laws given to Moses to guide the Hebrew people, and recorded in the Bible; the ten laws at the beginning of Mosaic Law. Significance: It acted as a moral framework for Canadian Laws because we base our laws on religious and political figures. Napoleonic Code/French Civil Code: The civil law of France completed in 1804 Significance: Exemplifies a non-technical style which made the law easier for people to understand. It helped citizens understand and able to interpret the law.

By: Christina Weng

Page 3

Part A of the Law Exam 11/12

Necessity: A defence stating that the accused had no reasonable alternative to committing an illegal act. Significance: It is a defence for the defendant to use when it has been shown that the accused committed the act to avoid a greater harm, there was no reasonable opportunity for an alternative course of action that did not involve a breach of the law, and the harm inflicted must be less than the harm avoided. Parties to an Offence: Those people who are indirectly involved in committing a crime. Significance: This party is considered just as responsible as the one who committed the crime because they have somehow assisted the perpetrator. Provocation: Words or actions that could cause a reasonable person to behave irrationally or lose selfcontrol. Significance: It is a defence that can be used in Canadian law that can be used when: a wrongful act or insult has occurred, the act or insult was sufficient to deprive an ordinary person of the power of selfcontrol, the person responded suddenly, and the person responded before there was time for passion to cool. Rights: A legal, moral, or social entitlement due to all people because they are human beings. Significance: These rights have been established in Canadian law simply because we are human and are a basic human need. Rule of Precedent: Applying a previous decision to a case that has similar circumstances. Significance: Allows for fairness to be conducted throughout each trial. s. 15/Equality Rights: A right outlining how every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination, and in particular, without discrimination based on race, national or ethnic origin, color, religion, sex, age, or mental or physical ability. Significance: Allows everyone to be equal before and under the law and receive fair treatment when put on trial. S.1/Reasonable Limits Clause: It guarantees the rights and freedoms set out in its subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. Significance: It allows others to defend their actions by claiming that it is a right or freedom if it is a reasonable claim.

By: Christina Weng

Page 4

Part A of the Law Exam 11/12

S.2/Fundamental Freedoms: This section outlines the fundamental freedoms that others are allowed to have: freedom of conscience and religion; freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication; freedom of peaceful assembly; and freedom of association. Significance: It highlights the primary freedoms that Canadian citizens have. S.33/Notwithstanding Clause: A section where parliament or the legislature of a province may expressly declare in Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter. Significance: I dont know .. I give up. ): askfhaksjdhfkajshfkjashdfkjahs _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

Self-Defence: In criminal law, the use of reasonable force to defend against an attack; in tort law, the legal right to use reasonable force to protect oneself against injury from another. Significance: It can be used as a defence as stated in section 34 of the criminal code. This section states that a person may use force to defend against an unprovoked assault where there is no intent to kill or to cause bodily harm to the attacker.

By: Christina Weng

Page 5