2

Law 12 Exam Review

Power Points and Notes

2

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

2

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

2

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

2

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?