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Law Class 7.docx

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Carleton University
LAWS 1000
Betina Kuzmarov

Law Class 7ReviewParliamentary sovereigntyParliament can make or unmake any law Within the Canadian context there are several limits like internal and external An internal conflict is federalism because it limits the powers of each level of government since 1867 not 1982 External conflicts like globalization and international law countries agreeing things that act as limits on sovereignty which both influence authority of Canadian govt Civil trials are between two parties while criminal trials between individual and state Criminal TrialsCriminal trials are wrongs against society and society as a whole condemns the behaviourAim of criminal trial is deterrence specific or general SpecificI am going to stop x from doing an action again Generalsetting penalties high enough that it deters other people in society from doing that act The standard of proof in a criminal trial is very high beyond a reasonable doubt It means that a reasonable person cannot doubt the guilt of the person charged given the fact that they have proof that a person has done the act actus reus and the intent mens rea Civil TrialsDisputes between individualsAim is to compensate the person for the wrong done You have to prove that there was harm done and that that harm can be turned into money This means that in civil law you cannot be held accountable for something you didnt do Its not to stop you from behaving in a certain way but to compensate the individual who was harmed for the harm done Civil trial standard of proof is called the balance of probabilities Lower standard of proof You dont need to have overwhelming evidence just enough to convince the judge It is more likely than not the harm occurred Canadas CourtsAdministrative tribunals are appealed to courts They have the power to review results and have the power to say whether tribunals have made fair decisions Two diff types of courts Most things happen at provincial courts because when Canada became a federation they wanted to
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