Law exam

• what are the six categories of public law?

  1. constitutional law

  
  

  2. administrative law

  
  

  3. criminal law

  
  

  4. tax law

  
  

  5. aboriginal law

  
  

  6. environmental law
• constitutional law


  body of law dealing with the distribution and exercise of government powers.
• administrative law


  law related to the relationship between people and government departments, boards, and agencies.
• criminal law


  law that identifies crimes and prescribes punishment.
• tax law


  law under which a public authority has a claim on taxpayers, requiring them to transfer to the authority part of their income or property.
• aboriginal law


  law that concerns a variety of issues related to indigenous peoples in canada.
• environmental law


  laws that regulate the impact of human activities on the environment.
• what are fundamental laws of our country?


  1. presumption of innocence

  
  

  2. burden of proof

  
  

  3. habeas corpus

  
  

  4. right to a fair and speedy trial

  
  

  5. equality before the law
• presumption of innocence


  even though you are charged, you are presumed innocent.
• burden of proof


  the crown must prove guilt beyond a reasonable doubt.
• habeas corpus


  it defines our right not to be detained or imprisoned unlawfully. is also latin for "to have body."
• right to a fair and speedy trial

  impartial jury of one's peers, knowledgeable and unbiased judge, strict rules of governing evidence and a right to appeal. the trial must also start within a reasonable time limit.
• equality before the law

  justice is blind, everyone is treated equally by our legal system. there is no distinction made because of your age, sex, economic status, religion, ethnicity, or sexual preference.
• explain substantive and procedural law.

  substantive law refers to the content of the law. while, procedural law refers to the proper steps that must be applied and followed in any legal action, whether civil or criminal.
• what must be proven to establish a prima facie case of discrimination?


  1. you were qualified for the particular employment.

  
  

  2. you were not hired; and

  
  

  3. someone no better qualified than you was subsequently hired-someone who lacked the distinguishing feature that represents the gravemen (man grievance) of the human rights complaint (e.g.,race, colour, etc).
• use two examples to support what must be proven to establish a prima facie case of discrimination.


  - male managers earn more than female managers.

  
  

  - black students receive lower marks despite similar answers.
• bona fide occupational requirement

  a qualification essential for proper or efficient job performance.
• provide examples from three different professions for "bona fide occupational requirement."


  - for airline pilots, mandatory retirement age requirements were allowed because safety was the primary concern and airlines could show that older pilots were significantly less safe once they reached a certain age.

  
  

  - male clothing designers could legally advertise for male models only, where female models wouldn't be able to model men's clothing as intended.

  
  

  - churches can legally hire only members of their church and reject clergy from other religions.
• why would someone who has a private dispute choose to settle out of court? give two reasons.

  1. to save time.

  
  

  2. to save money.
• stereotyping


  having an oversimplified, standardized, or fixed judgment or characterization of a group of people.
• prejudice


  a preconceived opinion based on a stereotype or inadequate information.
• discrimination


  treating a person unfairly or unequally because of his or her race, religion, ability, etc.
• use examples to explain how stereotyping and prejudice can lead to discrimination.


  - black Individual (preconceived notion that they cannot be trusted; steal).

  
  

  - person with many tattoos (preconceived notion that they are not well-mannered or trusting).
• what ground does the canadian human rights act prohibit discrimination on. name all ten.

  1. race

  
  

  2. national or ethnic origin

  
  

  3. age

  
  

  4. marital status, family status

  
  

  5. pardoned criminal conviction

  
  

  6. color

  
  

  7. religion

  
  

  8. gender (includes pregnancy or child bearing)

  
  

  9. physical or mental disability (includes dependence on alcohol or drugs)

  
  

  10. sexual orientation
• attempt


  the intention to commit a crime, even when the crime is not completed.
• conspiracy


  an agreement between two or more people to carry out an illegal act, even if that act does not actually occur.
• what are the similarities between attempt and conspiracy?

  both involve a crime that isn't or doesn't need to be completed.
• what are the differences between attempt and conspiracy?

  one involves the actual attempt to commit a crime, where the other is an agreement to commit one.
• why do criminals commit crimes?

  criminals commit crimes because they are negligent, reckless, or have some sort of motive.
• negligence


  careless conduct that causes foreseeable harm to another person.
• motive


  the reason a person commits a crime.
• recklessness


  consciously taking an unjustifiable risk that a reasonable person would not take.
• provide an example involving recklessness, relating back to the question "why do criminals commit crimes."


  driving without glasses; not being able to see properly and causing a major accident.
• provide an example involving motive, relating back to the question "why do criminals commit crimes."

  an individual can want an inheritance from a parent, and kill them in order to receive it. here, inheritance is the motive.
• provide an example involving negligence, relating back to the question "why do criminals commit crimes."


  an individual can leave a loaded pistol within a child's reach, and that child can then accidentally shoot someone as a result.
• does the actus reus of a crime always involve a physical action? explain.

  no, actus reus does not always involve a physical action. in some cases, failing to do something; omission, can be considered actus reus. for example, consider the case of parents who do not give their infant child enough food to eat. as a result, the child dies of malnutrition. under s. 215 (1) of the criminal code, the parents can be charged with failing to provide the child with the necessities of life.
• what is the difference between general and specific intent?

  general intent is the desire to commit a wrongful act, with no ulterior motive or purpose. while, specific intent is the desire to commit one wrongful act for the sake of accomplishing another.
• general intent


  the desire to commit a wrongful act, with no ulterior motive or purpose.

  
  

  eg. if guy punches curtis simply because he is angry, then guy has a general intent to commit assault.
• specific intent


  the desire to commit one wrongful act for the sake of accomplishing another.

  
  

  eg. if guy punches curtis to steal from him, then guy has committed an assault in order to accomplish a theft.
• how does the criminal offence of counselling differ from aiding?

  counselling is a crime that involves advising, recommending, or persuading another person to commit a criminal offence. while, aiding is a criminal offence that involves helping a perpetrator commit a crime.