LAW EXAM REVIEW
Chapter 1
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What is a law? Why do we have laws?
Explain the different classifications of law.
What is the code of Hammurabi?
What is a trial by ordeal?
Briefly explain the history of the legal system and where Canada’s laws originated.
What is precedent?
What is case law?
What do criminal and civil case citations look like?
What is the rule of law and the significance of the Magna Carta?
Define habeas corpus.
What is a statute?
Briefly explain how Canada brought home the Constitution.
Explain the division of powers between the federal and provincial gov’ts.
Explain the steps involved in passing a bill into law.
Chapter 2 – Rights and Freedoms
Canadian Charter of Rights and Freedoms
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What is the significance of section 1?
2.
What are the 4 fundamental freedoms?
3.
Explain democratic rights.
4.
Explain mobility rights.
5.
List several legal rights.
Ontario Human Rights Code
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List the places where it applies.
2.
There are 15 grounds for discrimination. How many can you name?
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Name and describe the 5 types of discrimination.
Chapters 4 – 6 Criminal Law
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What is a crime? What are the necessary elements of a crime?
Outline the 3 categories of offences in order of severity from most serious.
What are the elements of mens rea?
What is the difference between specific and general intent crimes?
What is the difference between strict and absolute liability?
When has an attempt to commit a crime occurred?
Define conspiracy.
Name the 5 parties to an offence and explain their roles in a crime.
What is an accessory after the fact?
Briefly describe the court system in Ontario and Canada.
Chapter 7 – Criminal Law – Trial Procedures
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When a person commits a crime, what options do police have?
When can a citizen make an arrest?
What rights does a person have upon arrest?
What must a police officer do when arresting someone?
When can police search someone? Someone’s car? Someone’s home?
Chapter 8 – Criminal Trial Procedures
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What are the roles of the Crown and defence?
When may proceedings be stayed?
Give advantages and disadvantages of a trial with a jury vs. judge alone.
Explain the difference between a peremptory challenge and a challenge for cause.
What is the difference between direct and circumstantial evidence?
What types of evidence are admissible and inadmissible?
Outline the steps in a criminal trial, from arrest to acquittal or conviction.
Explain the term voir dire.
Defences
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What is an alibi?
When can a person use self-defence?
Duress – What is it and when can it be used?
Mistake – How is it used?
Mental disorder/Insanity – What test determines whether a person is legally insane?
What happens to a person found to be insane?
Intoxication – How is it used?
Automatism – Explain the 2 types; give examples and consequences.
Consent – When is it used?
Entrapment – When is it used?
Double jeopardy – Explain the term. What 2 pleas can be entered if already tried?
Explain the Kienapple Principle.
Necessity – Outline the 3 elements of this defence.
Outline the process of jury selection.
How does a jury reach a decision after the conclusion of a trial?
Chapter 9 – Sentencing
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What are the 4 goals of sentencing?
What does a judge consider before sentencing an offender?
Describe 5 types of sentencing.
What determines what type a facility an offender will go to?
What is the difference between consecutive and concurrent sentencing?
What criteria determines whether someone is a dangerous offender?
What type of sentence will a dangerous offender receive?
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What type of sentence may be served on weekends. What is the maximum length of this
type of sentence?
What remedies are available to a victim of crime? What input may a victim give?
What are the parties called in an appeal case?
What is the difference between open and closed custody? Give examples.
Give the timeline for release of inmates (ie. day parole, full parole, early release)
Chapter 10 – Youth Offenders
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Give background on the Juvenile Delinquents Act.
Describe the Young Offenders Act: purpose, ages, dispositions.
Outline changes made to the new Youth Criminal Justice Act.
Chapter 11 – Civil Law
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Define tort.
What is Small Claims Court? What is the maximum $ amount in Ontario?
Who are the parties in a civil lawsuit?
How much proof is needed? How does this differ from criminal law?
What options are available when someone is sued?
Define and give examples of the different types of damages.
What is an injunction?
Chapter 12 – Negligence
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What are the elements of negligence?
Explain the terms duty of care, standard of care, forseeability and causation.
Who is a reasonable person?
What is contributory negligence?
What is voluntary assumption of risk?
Describe the different classes of people who could enter another’s property.
Define vicarious liability.
Define and give examples of each of the following types of torts:
assault and battery
false imprisonment
nervous suffering
trespass – what is the difference between conversion and detinue
What is a nuisance?
What are 2 types of defamation of character?
What are 4 defences to a defamation tort?
What is the thin skull rule?
Define negligent misrepresentation.
LEGAL TERMS
abettor
absolute discharge
absolute liability
absolute privilege
accessory after the fact
actus reus
adjournment
adversary system
allurement
alternative measures
appearance notice
appellant
arraignment
automatism
bail
balance of probabilities
battery
bill
bona fide qualification
bondable
challenge for cause
charge to the jury
chattel
circumstantial evidence
citation
Code of Hammurabi
codification
colour of right
common law
community service
concurrent sentence
conditional discharge
consecutive sentence
conspiracy
contractual entrant
conversion
coroner
corroborate
counselor
counterclaim
damages
defendant
deportation
detinue
disclosure
disposition
double jeopardy
duress
empanelling
examination for discovery
examination-in-chief
extradition
euthanasia
false imprisonment
faint hope clause
fair comment
fine
forensic science
garnishment
general intent
habeas corpus
harassment
hearsay
hung jury
hybrid offence
indeterminate sentence
indictable offence
information
injunction
intermittent sentence
invitee
libel
licensee
litigation
mens rea
money laundering
motive
necessity
negligence
nuisance
parole
peace bond
peremptory challenge
perjury
plaintiff
plea bargaining
polygraph
precedent
preliminary hearing
principal offender
probation
proceeds of crime
procurer
qualified privilege
recidivist
recognizance
remand
res ipsa loquitur
respondent
restitution
reverse onus clause
royal assent
sentencing circle
sequester
sexual exploitation
sexual harassment
slander
specific intent
stare decisis
statement of claim
statement of defence
stay of proceedings
strict liability
subpoena
summary conviction offence
summation
summons
suspended sentence
testamentary instrument
tort
traffic
transferred malice
trespasser
ultra vires
vicarious liability
voir dire
voluntary assumption of risk
warrant for arrest