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Law 12 Exam Review
Power Points and Notes
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Defences to Intentional Torts - Person
Defences to Intentional Torts – Property
Defences to Negligence
Hide and Seek – Search Warrants
Intentional Interference of the Person
Intentional Torts
Intro to Tort Law
Lawyer Up
Liability
Mens Rea
Offences Against Property
Offences Against the Person
Justice / Sentencing
Types of Charges
Types of Defences
Types of Torts
Unintentional Torts
What is a Crime
Who is Who – Perps and Suspects
You’re Nicked – Arrest
Youth Criminal Justice Act
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Canadian Charter of Rights and Freedoms
· Know examples of fundamental freedoms guaranteed in Canada (section 2)
· The Charter is the foundation of our legal system so be familiar with it all. However, focus on the following sections: Section 1 – all rights and freedoms are subject to limitation and Section 33 – notwithstanding clause (understand meaning of both)
· The Supreme Court of Canada and the Charter – their job to interpret it as the highest court in the country.
Criminal Law
· Advantages of a jury trial vs. advantages of a judge
· Appearance notice, summons, warrant for arrest
· Defences: alibi, self-defence, etc. When should they be used and why?
· Different roles of people in the court play (think of mock trial)
· Exceptions to search laws (suspected drugs, liquor or illegal weapons as long as it’s not a residence)
· Focus on key terms for this chapter as we spent a lot of time learning them and applying them -- eg. actus reus and mens rea (elements of a crime)
· Importance of collecting evidence and disclosure of it
· Rights of the accused prior to and upon arrest – what is the proper arrest procedure?
· Search and seizure – what procedure must police follow? Why?
· Types of offences
· When can an officer arrest?
Young People and the Law
· History: the Juvenile Delinquent’s Act, Young Offenders Act and new Youth Criminal Justice Act – what changes have been made and why?
Tort Law
· Defences to negligence (eg. contributory negligence, voluntary assumption of risk, etc.)
· Divorce
· Intent and negligence and all the various means it can be proven in Tort Law.
· Types of damages (Pecuniary and non pecuniary damages, general and specific) and how to determine which ones are applicable in a particular case.
Key Terms
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Abetting
Absolute privilege
Actus Rea
Affidavit
Aggravated (Assault)
Aiding /abetting
Alibi
Allurement
Annulment
Appeal
Appellant
Apportionment
Arbitration
Arraignment
Automatism
Bail
Battery (Assault)
Bigamy
Bill of Rights
Circumstantial
Cohabitation
Conditional discharge
Consanguinity
Consent
Consideration
Conspiracy
Consummation
Culpable
Discharge of a contract
Disclaimer
Due Diligence
Duress
Duty of care
Elements of a Contract
Indictable Offence
Intent
Liability
Libel
Malice
Marriage banns
Mens Rea
Mental Capacity
Misrepresentation
Motive
Nominal
Notwithstanding clause
Offer and Acceptance
Onus
Peace bond
Pecuniary
Plaintiff
Polygamy
Preliminary hearing
Provocation
Punitive (damages)
Qualified privilege
Rebuttal
Recognicance
Respondent
Rule of Precedent
Search warrant
Stare decisis
Summary Conviction
Summons
Tort
Waiver
Warrant
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Questions to Ponder
1. 3 levels of assault including definitions and sentencing
2. 3 levels of sexual assault including definition and sentencing
3. 4 qualifications for 1st degree murder
4. Discuss the major differences between cases heard under criminal law and tort law.
5. Explain how DNA evidence can convict or exonerate a suspect.
6. Five ways to show mens rea (Chart)
7. Four steps to make a legal arrest
8. How is negligence determined?
9. Identify the steps necessary for the police to conduct a legal arrest.
10. Identify the three types of offences listed under the Criminal Code of Canada and explain their differences.
11. Three levels of offences including sentences and other facts
12. Three ways to show mens rea
13. Under what circumstances can a marriage be blocked?
14. What are the `justification` defences?
15. What are the 4 main defences for interferences with property?
16. What are the conditions necessary to prove intentional torts?
17. What are the defences to Defamation?
18. What are the differences between arrest, questioning, detention in terms of rights and obligations?
19. What are the differences between Tort and Criminal Law?
20. What are the different courts and what types of cases do they consider?
21. What are the four conditions that must exist for an act or omission be considered a crime.
22. What are the four criteria required to establish provocation as a defence?
23. What are the four ways / means you can be brought before a judge.
24. What are the legal requirements for marriage?
25. What are the seven types of liability?
26. What are the three elements of Public law and explain what they do?
27. What are the three ways in which the accused may be released by the courts before their trail starts. Explain in detail what they are.
28. What are the two methods a plaintiff may use to collect on a judgement?
29. What are the types of search warrants?
30. What are the ways / methods in which a marriage can be done or dissolved?
31. What are the ways in which `Mental State` can be used as a defence
32. What is a crime?
33. What is mens rea / actus rea?
34. What is required to convict on summary or indictable offences
35. What is spousal Support and how does it work?
36. What is the difference between 1st and 2nd degree murder and manslaughter?
37. What is the difference between common law and a regular marriage?
38. What is the difference between legal and statutory?
39. What is the difference between pecuniary and non pecuniary damages?
40. What is the difference between slander and libel?
41. What three tasks must the police complete when they first arrive at a crime scene?
42. What types of evidence is there in the Trial system?
43. When can the defence of consent not be used (three scenarios)
44. Who regulates marriage in Canada?
45. Why do people commit crime?