Law 2101 Lecture 4: Unit 4 - Criminal Law.docx
Document Summary
An act or omission considered to be a wrong against society. Reserved for the most serious harms in society: does not hurt only an individual, but impacts society as a whole. Civil cases brought by individuals: smith v. jones. Criminal cases brought in the name of the state: the queen against jones, r v. jones. Prosecuted or charged, not sued (like in a civil case) Civil to criminal: plaintiff and defendant crown/prosecution and accused/defendant, balance of probabilities beyond a reasonable doubt. Victim is not a party to the case like in a civil case, but rather a witness. 91 and 92 in the constitution act 1867: matter of federal jurisdiction, quasi-criminal law in provincial and municipal governments are laws to appear to be criminal but are not (speeding) All crimes are statutory: parliament enacts a statute in order to deem it a crime, controlled drugs and substances act, criminal code.
