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Midterm

LEGL 210 Midterm: law cheat sheet for midterm 1

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Department
Legal Studies
Course
LEGL 210
Professor
Brian Keller
Semester
Winter

Description
Law -> 3 different legal philosophies -> protects against racism and sexism -> can file a - Remand center. Where people wait for trial (11) 1. Natural law theory-> Morals = laws complaint with the human rights commission -> there are - exception – 30-day appeal period (11) 2. Legal positivism -> agree because the person exceptions, ex.) young people cannot rent cars -> S.12 – cruel and unusual punishment has power. Recognizing authority. protects us from private entities, not the government. - Americas second prison is in Cuba, doesn’t follow the 3. Legal realism -> The Lords Day Act 1982. “American Charter: (12) Charter of Rights and Freedoms “ultra vires” Constitution Act (1982) - torture is against S.12 (outside the law). A law is only a law if the The Charter of Rights and Freedoms -> provides S.13 – self-incrimination courts are willing to enforce/apply it. protection from abuse/ discrimination by our government - anything you say on witness stand of another’s trial is MLAs – Members of Legislative Assembly -> ex.) the lady who would not marry two gay people, inadmissible in your own trial. (ex. Bob and Jen are in Legislation – government passed law was forced to -> the act is “entrenched” can only be court, Bob is convicted, Jen goes on witness stand and MPs – Members of Parliament changed by constitutional amendment. Very unlikely says ‘yes me and bob deal drugs.’ This statement cannot Law: A law is any rule that the courts are willing to Alberta Human Rights Act – prevents discrimination be used to convict Jen in her own trial. enforce. from private business (section 2, 7-14, 15) S.14 – right to an interpreter. “ultra vires”- outside the law 3 limitations to the charter. (3 ways the government can S. 15 – equality rights (gay marriage) exception: certain 2 different legal systems in Canada override/ ignore our rights and freedoms) jobs set apart for women. Not discrimination 1. Civil Code System: Quebec, France, all 1. Section 1: “reasonable limits” clause -> S. 16-22 – language and education rights encompassing, look to the book allows a government to reasonably limit our 2. Common Law Legal System (“stare decisis”): rights and freedoms if it can be The courts - R v. Smith Ab, Canada, US, UK, NZ, Australia. A system demonstrably justified in a fair and - The purpose is to punish the guilty of following past legal precedents. (or past democratic society o Sentence: Jail, Probation, House legal decisions of the courts). R v. Keegstra (SCC) arrest Civil is suing – It is a private matter - Taught students that the holocaust never - This is the style of cause (name of legal matter) Win using past cases. If there are no past cases in support happened. He was charged by the criminal code - R is Regina (the crown) charging Smith. of your case, don’t go to court. of Canada for promoting hate. His lawyer argued - Smith is the defendant/ accused R v. Andrew -> R=Regina (queen) (crown) or Rex for that it went against the Charter of Rights and - Wong V. Smith -> civil law/ private matter. king For criminal (public) law Freedoms, against his freedom of speech and Wong is suing Smith R is the crown prosecutor, Andrew is the defense lawyer opinions (S.2) The crown argued (S.1) saying this - Wong is the plaintiff The problem is that society is always changing, but old can be demonstrably justified for the better of - Smith in the defendant cases don’t’ change. Ex.) in 1953 smoking marijuana society. “parliamentary supremacy” - The motivation is not to punish Smith. Purpose is was very severe 1970 ‘FLQ Crisis’ to compensate the plaintiff. That’s why we sue Sources of Law - Trying to get Quebec to separate using violent - Plaintiff is trying to prove defendant is liable for 1. Common law – cases, precedents, judgements measure. Pierre Trudeau used the war measures his pain or loss 2. Statute law – legislation; act -> made by act -> PM declared martial law. They temporarily - This cannot make smith go to jail government (federal and provincial) suspend rights and freedoms - Damages - #1 remedy (money, monetary 3. Law of equity -> we don’t need to know this 2. Section 33 – notwithstanding clause – compensation MLAs and MP’s pass legislation allows a government to pass legislation/ Criminal: the crown must prove the defendant is guilty Statute law takes precedence over the common law. statute that goes against section 2, 7-14. 15 beyond a reasonable doubt Legislation overrides the case law/ decisions of the by simply stating in the leg’n that they’re Civil: the plaintiff must prove the defendant is liable on a courts using section 33 balance of probabilities - Quebec bill 101 – language law – all signage Crown prosecutor represents R (the government) must be predominantly French R v. Aimee – Aimee is being charged (must prove guilt Common Law -> age of majority is 21 but in Alberta we - There is a sunset clause. Any law using section beyond a reasonable doubt) know it is 18. This is because the government of Alberta 33 is only in force for 5 years. Wes v. Aimee – Wes is suing Aimee passed legislation making it 18 years old. Using the Age - 15 years ago, Alberta passed Marriage Act – Plaintiff is to prove defendant is liable on a balance of of Majority Act. notwithstanding S. 2,7-14, 15. The definition of probabilities marriage is male and female only Constitution Act (1867) we take “all the great practices - Trier of Fact: and institutions from the UK.” Otherwise when Canada Limitations to the charter o Jury (12 people) opened its doors, it would have no laws yet and there - S.1 – the court applies it (not the gov’t or police) o If no jury, then a judge would be chaos - “intra vires” – good law ▪ They decide if guilty or - “ultra vires” – bad law not Rule of Law: We are not subject to the arbitrary whims - S. 33 – used at the time the law is written. Can’t - Trier of law: of government. (they cannot make up a law on the spot) apply to just any law o Always the judge Section 91 – Federal government powers/responsibilities 3. Section 32 – The Charter does not apply o Makes all legal decision Section 92 – Provincial government powers/ when a government is acting in a private - The jury had a reasonable doubt – he was named responsibilities capacity (way). The charter only applies not guilty when government is acting in an official - (but when sued OJ was found liable for torte of S.91 (Federal) capacity (public way). We still have the wrongful death o Post (Canada Post), Currency, Banking, Human Rights Act to fight against Criminal matter: without a doubt he is guilty National Parks, Crimes (criminal code of discrimination Civil matter: most likely he was liable Canada) CBC is a crown corporation. So they cannot hire Provincial court -> court of queen’s bench -> court of S.92 (Provincial) someone because of their race or religion, because the appeal -> supreme court of Canada o Natural Resources, Education, Transportation charter doesn’t apply, because it’s a private matter. But Federal Ct -> Federal CA -> Supreme court of Canada – roads, License (of all types), Healthcare the person who was discriminated against can use the Provincial court: 4 divisions o Unemployment ^ moved to S.91 - Made/ Human Rights Act. 1. Criminal - no jury, summary offences changed a statute. Changed the constitution (impaired driving) (this was in the 1930s, would be almost S.2 – personal freedoms (freedom of speech, opinion, 2. Civil – sue a max of $50,000, no lawyer impossible now) association, religion) 3. Family – restraining orders S.3 – right to vote 4. Youth Constitution Act (1867) S.4 – election every 5 years *cannot pass a law saying Court of Queen’s Bench Laws passed by cities: bylaws “no more elections” using section 33, because section 33 - Divorce, Unlimited civil jurisdiction, Estate Provinces > municipal governments > bylaw only applies to 2, 7-14, 15. - Most serious criminal Section 91. POGG power. Peace order and good S.5 – at least one parliamentary/ legislative session every - A jury here government power. Residual government. Federal power. year Federal court (S.91) – crimes For things which are not in the constitution S.6 – mobility rights Court of queen’s bench – criminal matters are dealt with Colorable legislation: where a government passes S.7-14 – legal rights by provincial court legislation that is outside their jurisdiction Ex.) S.91 - S.7 – principals of natural justice/ procedural fairness/ -Formal name for a judge in provincial court is Judge. (federal) makes a law dealing with education. Ultra vires. “due process” Ex.) Judge Smith or you could say ‘your honor’ A bad law. Goes in the trash. - S.8 – protection against unreasonable search and -For queen’s bench: Justice Smith or “my lord” “my Paramountcy: where there’s a conflict between a validly seizure. (need probably cause) lady” passed federal and provincial law the doctrine of * “voir dire” evidence is excluded paramountcy says we must follow the federal law -Lawyers call each other “my friend” or “my learned S.9 – false imprisonment “arbitrary detainment” friend: S.10 – must be given a reason for arrest. Right to counsel -provincial court, the judges sash is blue BC family relations act – says property is split 50/50. (lawyer) (watch spelling) Federal Indian Act defines Mr. Derrickson as a treaty -in court of appeal or queen’s bench it’s red in a suit – it’s not a trial. It’s a “chambers” matter Indian, and treaty Indians get 100% of what is on their S.11 – innocent until proven guilty Lawyer wears a robe in court of appeal/ court of queen’s property. Doctrine of paramountcy says we have to use - must be tried within a reasonable period of time. bench the federal law, meaning Mr. Derrickson gets everything. - cannot be tried twice for the same offence - R v. Smith – Smith does not have to prove himself Trier of fact: decide guilty of not. Liable or not. Weigh Human Rights Legislation: AB Human Rights Act -> innocent the evidence protects us from discrimination by other private entities. - R has to prove him guilty Trier of Law: make legal decisions. Can the lawyer say 3. We have a writ, don’t pay the money to the
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