Exam Review
Heritage
Definitions:
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Law
Morality
International Law
Domestic Law
Hammurabi’s Code
Greek Law
Roman Law and
Justinian’s Code
Statute Law
Constitutional Law
Retribution
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Common Law – Case
Law – Distinguishing a
Case
Habeas corpus
stare decisis/ rule of
precedent
Public/private law
Tort Law
Employment Law
Property Law
Procedural Law
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Criminal Law
Sections 91/92/93
Residual powers
Intra vires
Ultra vires
Lobby groups
Federal system
Amending formula
Principle of
equalization
 Rule of Law
Short Answer Questions: Be thorough in your explanation of these questions. Again, use your own words
– give a description, comparison and/or contrast of the themes provided.
1. Discuss the historical significance of, and the process by which the Constitution was patriated.
Also, discuss the major changes that came about with the new Constitution Act of 1982. Include
specific information and name the person responsible for it.
2. List and briefly describe the three types of public law. List and briefly describe the six types of
private, or civil law.
3. In criminal law, who are the parties involved at trial? In civil law, who are the parties involved at
trial?
4. What is the Justinian Code? What is the Napoleonic Code? Why are the Justinian and Napoleonic
Codes significant to law in Canada today?
5. Explain the major differences and connections between international and domestic law. Use
specific details and examples to back up your answer.
6. In Canada, laws originate from 3 sources. Name each of them and explain what is included in each
category.
7. Explain the major differences between criminal and civil law cases. Give specific examples and
scenarios to back up your answer.
8. What is the significance of Sections 91, 92 and 93 of the Constitution Act, 1867? Give examples of
powers granted under these sections.
9. Distinguish between the terms statute law and case law.
10. Name the 3 functions of law.
Constitutional Law
1. Distinguish between prejudice, stereotyping, and discrimination
2. What are prejudices often based on?
3. Distinguish between intentional and unintentional discrimination.
4. Are Civil rights and human rights the same thing
5. Who was responsible for bringing in the Bill of Rights to Canada?
6. What were two weaknesses of the Bill of Rights?
7. What are the four fundamental freedoms?
8. What does section 15 guarantee?
9. What is section 28? Why is it different that section 15?
10. What is the difference between “striking down” and “reading down”?
11. Explain how the reasonable limits clause and the notwithstanding clause allow for rights and freedoms
to be limited under the Charter.
12. Identify the main purpose of human rights legislation.
13. In the movie Philadelphia, what was the real reason that Andy Beckett felt he was fired for?
14. What is the purpose of the Charter of Rights and Freedoms? Who does it protect you from?
15. What is the difference between a “right” and a “freedom”?
Define the following:
Unlawful Assembly
Infringed
Amendments
Franchise
Prejudice (give an example)
Stereotyping (give an
example)
Riot
13th Amendment (USA)
Universal Declaration of
Human Rights
Criminal Law
Terms to know:
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Aggravated assault
Aggravated Sexual Assault
Assault
Breaking and Entering
Colour of Right
Controlled Substance
Culpable Homicide
Disorderly Conduct
First Degree Murder
Fraud
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Homicide
Infanticide
Mischief
Money Laundering
Non-culpable
Possession
Prostitution
Second Degree Murder
Sexual Assault
Criminal Harassment
Stalking
What is the controlled Substance and Drug Act?
What different types of identity theft are there?
Types of Summary, Indictable, and Hybrid crimes with examples of each
What is the difference between Culpable and Non-Culpable homicide and provide examples
What is Obscenity? How does society deem what is or is not obscene? Provide examples.
How many and what types of crimes are connected with prostitution?
What are the different types of Property Crimes?
What are the three types of Sexual Assault?
What is Manslaughter? How is this charge proven in court?
When is it “technically” breaking and entering?
Terms to know:
Alibi
Secondary Crime Scene
Accomplice
C rime scene Protocol
Forensic
Direct Evidence
Circumstantial evidence
Miranda Warnings/Rights
Police Conduct
Burden of Proof
Arraignment
Conditional Discharge
Insanity
Mistake of Fact
Necessity
Mitigating Factors
Youth Criminal Justice Act
Warrant
Section 10 (rights upon detention note)
Duty Counsel
Legal Aid
undertaking
Recognizance
Disclosure
Preliminary hearing
Remand
Plea Negotiation
Bill of Indictment
Absolute discharge
Intermittent sentence
Automatism
Intoxication
Duress
Aggravating factors
How does one obtain a warrant? How is a warrant used?
What some reasons some one would be registered as a dangerous offender?
What are some problems with having a criminal record?
What is the difference between Aggravating and Mitigating Factors?
Identify types sentences that a judge may hand down.
Tort Law
Terms:
Plaintiff
Defendant
Litigation
Litigants
Tort
Negotiation
Arbitration
General Damages
Special Damages
Punitive Damages
Aggravated Damages
Nominal Damages
Mediation
1. Where do claims arise from in civil law? (What is the reason for the litigation?)
2. Explain how small claims court works? What are the limits (money) of claims?
3. How are crimes and torts alike? Provide 3 examples
4. What is the difference between Civil and Criminal law? (try to point out a minimum of 5 things)
5. What does the trial procedure look like?
6. Explain what garnishment means?
7. What are some alternative sources of compensation?