LAW EXAM REVIEW



LAW EXAM REVIEW

Chapter 1

1. What is a law? Why do we have laws?

2. Explain the different classifications of law.

3. What is the code of Hammurabi?

4. What is a trial by ordeal?

5. Briefly explain the history of the legal system and where Canada’s laws originated.

6. What is precedent?

7. What is case law?

8. What do criminal and civil case citations look like?

9. What is the rule of law and the significance of the Magna Carta?

10. Define habeas corpus.

11. What is a statute?

12. Briefly explain how Canada brought home the Constitution.

13. Explain the division of powers between the federal and provincial gov’ts.

14. Explain the steps involved in passing a bill into law.

Chapter 2 – Rights and Freedoms

Canadian Charter of Rights and Freedoms

1. What is the significance of section 1?

2. What are the 4 fundamental freedoms?

3. Explain democratic rights.

4. Explain mobility rights.

5. List several legal rights.

Ontario Human Rights Code

1. List the places where it applies.

2. There are 15 grounds for discrimination. How many can you name?

3. Name and describe the 5 types of discrimination.

Chapters 4 – 6 Criminal Law

1. What is a crime? What are the necessary elements of a crime?

2. Outline the 3 categories of offences in order of severity from most serious.

3. What are the elements of mens rea?

4. What is the difference between specific and general intent crimes?

5. What is the difference between strict and absolute liability?

6. When has an attempt to commit a crime occurred?

7. Define conspiracy.

8. Name the 5 parties to an offence and explain their roles in a crime.

9. What is an accessory after the fact?

10. Briefly describe the court system in Ontario and Canada.

Chapter 7 – Criminal Law – Trial Procedures

1. When a person commits a crime, what options do police have?

2. When can a citizen make an arrest?

3. What rights does a person have upon arrest?

4. What must a police officer do when arresting someone?

5. When can police search someone? Someone’s car? Someone’s home?

Chapter 8 – Criminal Trial Procedures

1. What are the roles of the Crown and defence?

2. When may proceedings be stayed?

3. Give advantages and disadvantages of a trial with a jury vs. judge alone.

4. Explain the difference between a peremptory challenge and a challenge for cause.

5. What is the difference between direct and circumstantial evidence?

6. What types of evidence are admissible and inadmissible?

7. Outline the steps in a criminal trial, from arrest to acquittal or conviction.

8. Explain the term voir dire.

Defences

1. What is an alibi?

2. When can a person use self-defence?

3. Duress – What is it and when can it be used?

4. Mistake – How is it used?

5. Mental disorder/Insanity – What test determines whether a person is legally insane? What happens to a person found to be insane?

6. Intoxication – How is it used?

7. Automatism – Explain the 2 types; give examples and consequences.

8. Consent – When is it used?

9. Entrapment – When is it used?

10. Double jeopardy – Explain the term. What 2 pleas can be entered if already tried? Explain the Kienapple Principle.

11. Necessity – Outline the 3 elements of this defence.

12. Outline the process of jury selection.

13. How does a jury reach a decision after the conclusion of a trial?

Chapter 9 – Sentencing

1. What are the 4 goals of sentencing?

2. What does a judge consider before sentencing an offender?

3. Describe 5 types of sentencing.

4. What determines what type a facility an offender will go to?

5. What is the difference between consecutive and concurrent sentencing?

6. What criteria determines whether someone is a dangerous offender?

What type of sentence will a dangerous offender receive?

7. What type of sentence may be served on weekends. What is the maximum length of this type of sentence?

8. What remedies are available to a victim of crime? What input may a victim give?

9. What are the parties called in an appeal case?

10. What is the difference between open and closed custody? Give examples.

11. Give the timeline for release of inmates (ie. day parole, full parole, early release)

Chapter 10 – Youth Offenders

1. Give background on the Juvenile Delinquents Act.

2. Describe the Young Offenders Act: purpose, ages, dispositions.

3. Outline changes made to the new Youth Criminal Justice Act.

Chapter 11 – Civil Law

1. Define tort.

2. What is Small Claims Court? What is the maximum $ amount in Ontario?

3. Who are the parties in a civil lawsuit?

4. How much proof is needed? How does this differ from criminal law?

5. What options are available when someone is sued?

6. Define and give examples of the different types of damages.

7. What is an injunction?

Chapter 12 – Negligence

1. What are the elements of negligence?

2. Explain the terms duty of care, standard of care, forseeability and causation.

3. Who is a reasonable person?

4. What is contributory negligence?

5. What is voluntary assumption of risk?

6. Describe the different classes of people who could enter another’s property.

7. Define vicarious liability.

8. Define and give examples of each of the following types of torts:

assault and battery

false imprisonment

nervous suffering

trespass – what is the difference between conversion and detinue

9. What is a nuisance?

10. What are 2 types of defamation of character?

11. What are 4 defences to a defamation tort?

12. What is the thin skull rule?

13. Define negligent misrepresentation.

LEGAL TERMS

abettor

absolute discharge

absolute liability

absolute privilege

accessory after the fact

actus reus

adjournment

adversary system

allurement

alternative measures

appearance notice

appellant

arraignment

automatism

bail

balance of probabilities

battery

bill

bona fide qualification

bondable

challenge for cause

charge to the jury

chattel

circumstantial evidence

citation

Code of Hammurabi

codification

colour of right

common law

community service

concurrent sentence

conditional discharge

consecutive sentence

conspiracy

contractual entrant

conversion

coroner

corroborate

counselor

counterclaim

damages

defendant

deportation

detinue

disclosure

disposition

double jeopardy

duress

empanelling

examination for discovery

examination-in-chief

extradition

euthanasia

false imprisonment

faint hope clause

fair comment

fine

forensic science

garnishment

general intent

habeas corpus

harassment

hearsay

hung jury

hybrid offence

indeterminate sentence

indictable offence

information

injunction

intermittent sentence

invitee

libel

licensee

litigation

mens rea

money laundering

motive

necessity

negligence

nuisance

parole

peace bond

peremptory challenge

perjury

plaintiff

plea bargaining

polygraph

precedent

preliminary hearing

principal offender

probation

proceeds of crime

procurer

qualified privilege

recidivist

recognizance

remand

res ipsa loquitur

respondent

restitution

reverse onus clause

royal assent

sentencing circle

sequester

sexual exploitation

sexual harassment

slander

specific intent

stare decisis

statement of claim

statement of defence

stay of proceedings

strict liability

subpoena

summary conviction offence

summation

summons

suspended sentence

testamentary instrument

tort

traffic

transferred malice

trespasser

ultra vires

vicarious liability

voir dire

voluntary assumption of risk

warrant for arrest

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