Law

• La Exam Review
• Reasonable doubt


  Proof beyond reasonable doubt
• Defendant


  The person charged with a crime
• Determining reasonable doubt


  1. What reasonable doubt is

  2. Defendant is the one determined
• Rights of someone charged with a crime

  • Habeas corpus
  • Right to jury trial
• Judicial reasoning


  The reasoning provided by the granting authority (judges) that allows for the minority judges to air dissenting opinions
• French civil law tradition

  • Heritage: Roman law to Justinian's code to the Napoleonic code
  • System: Inquisitorial - The magistrate investigates
  • Role: The magistrate acts as a one-stop shop in deciding the facts, interviewing the witness, coming up with the verdict and sentences
  • No jurors
• Participants in French civil law tradition

  • Found in: France, Morocco, Quebec, Syria, Saudi Arabia
  • Philosophy: one is guilty till proven otherwise
• Utilitarianism


  • Seeks the greatest good for the greatest amount of people
  • Practical and realistic rather than on an idealistic moral view
• Jurisprudence


  • Science of law, or philosophy of law
  • Study of structure of legal system
  • How legal rules apply to new or doubtful cases
• Legal realism


  Argues that the real authors of law are judges themselves
• RCUSA involved


  • Charter clauses - Section 7 and section 8
• Notwithstanding clause


  Also known as section 33 of the Charter of Rights and Freedoms
• Reasonable limits clause


  Also known as section 1 of the Charter of Rights and Freedoms
• "Peace, order and good government"


  Also known as section 91 of the BNA act
• Entrenched


  Making something a part of the constitution
• Elijah Harper did not agree to ratify the Meech Lake accord
• The Supreme Court ordered Alberta to recognize sexual orientation as a prohibited ground of discrimination in the case of Vriend v Alberta
• Rodriguez v. AG (BC)

  1. Dealt with the issue of assisted suicide, wanted to have assistance to die

  2. Obtained help to die was prohibited under Section 241 of the Criminal Code

  3. Said that this infringed on her right to security of the person (section 7)

  4. Defeated right to die in 9 to 4 decision
• Cesare Lombroso claimed that there were "born criminals" identified by their physical features
• Emile Durkheim's theory of Anomie posited that criminal behaviour can be hidden in the anonymity of an urban city
• Act of Omission


  A component of Actus Reus including failing to do something
• Charlottetown Accord


  1. Was the second attempt to bring Quebec to sign the Constitution Act 1982

  2. Called for eventual aboriginal self government

  3. Quebec as a distinct society

  4. Offered to appease the Western Provinces with a triple E senate (elected, equal, effective)

  5. Was put to a national referendum where it was normally defeated
• The Canadian Bill of Rights was passed by Prime Minister John Diefenbaker
• Dakes argued that the shifting of responsibility, or reverse onus, violated his presumption of innocence
• The case of R. v. Brown dealt with racial profiling, reasonable bias, and unwanted stop and search
• Insane Automatism


  A legal defence that must meet both a medical as well as a legal test
• The case of Ford v. Quebec involved the notwithstanding clause and Bill 101 for not having bilingual signs (not having freedom of expression)
• Guerin v. The Queen held that the crown had a fiduciary duty towards first nations, a legal obligation to act in the best interest of another rather than one's own
• LEAF is a non-profit legal organization that acts on behalf of women in the workplace fighting discrimination
• Hugo Grotius is considered by many to be the founder of international law
• Rand formula


  A formula regarding union dues that became used in labour negotiations in both Canada and the United States
• Ratification


  A team in collective bargaining in which the union brings a negotiated contract back to its membership for approval
• In R.W.D.S.U. back East vs. Pepsi-Cola Canada, the union was given the right to primary and secondary picketing
• R. v. Hamilton


  1. Bought a website called "F top secret Files"

  2. Was guilty by both reasonable person and accused's state of mind

  3. Counselling Fraud (created credit card numbers and taught people how to use them)
• 1st degree murder


  Maximum sentence is life in prison
• Trier of facts


  The Jury
• Augusto Pinochet was a dictator of Chile
• Ontario Court of Appeal (OCA)


  In R. v. Samuels (1991)
• R. v. Imperial Oil


  1. Defendant was charged with violations under the Fisheries Act for permitting a deleterious substance to be deposited into water frequented by fish

  2. Also charged under British Columbia's Waste Management Act