EXAM Review

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CLU3M Canadian Law Exam REVIEW

Welcome to exam review!  Your exam consists of the following:

Part 1

20 Multiple Choice Questions covering concepts from the entire year.

• All of the historical sets of laws that we covered
• Defences to Negligence - There are some defences to negligence cases including voluntary assumption of risk and inevitable accident – explain these
• Precedents in court proceedings
• How are laws created in Canada, in particular what happens in the House of Commons?
• A precedent is a legal decision that serves as an example for future cases – similar facts in cases will result in similar decisions.
• What are quasi-criminal, hybrid, indictable, and summary criminal offences and which are most common?
• What are examples of each type of criminal offence?
• What are your rights upon arrest as outlined in the Charter of Rights, s. 10?
• What are some examples of the goals of sentencing, in particular rehabilitation and deterrence? And what are the purposes and differences between Specific Deterrence and General Deterrence
• What are some sentences for the various types of homicides?

e.g. 1st Degree Murder is Life in Prison with no parole for 25 years.

• What are and when can an accused use these defences to a criminal offence.
• Mental Illness
• Alibi
• Insanity
• Automatism
• Entrapment
• Duress
• Consent
• Double Jeopardy

• TORT law includes what other areas of law?  
• Exactly what elements are considered in an action of Intentional Tort and what must be proven to prove a negligence claim?
• To prove a negligence claim what must a plaintiff prove?
• In general terms why are contracts important in our general day to day activities in society?
• What are the rights you have upon being arrested? Under the Youth Criminal Justice Act, what rights to privacy do offenders have?
• In general terms why are certain actions/behaviours included in Canada’s Criminal Code?  (The same answer applies to every single item in the Criminal Code).
• What functions does the Supreme Court of Canada perform?

Part 2

FOUR short answer questions regarding cases that are presented to you involving the following parts of law:

1. Extenuating circumstances surrounding a murder trial.  What may judges consider when sentencing convicted murderers?

2. When a person is contracted to commit an illegal act and it goes horribly wrong with consequences and injuries to others far beyond what was originally intended, what legal steps should the police and the judicial system take to bring the perpetrators to justice?  

3. Circumstances surrounding a contract that one party is challenging in court.

4. Circumstances surrounding a negligence claim made by the parents of a young person who has been seriously injured in sports.

Part 3

For the long answer essay question I provide you with a short reading about three different legal scenarios.  You are to comment on the reading using, primarily, supporting evidence from the Canadian Charter of Rights and Freedoms and other areas of Law.  You should review it so that you are familiar with it – I will provide you with a copy of the Charter of Rights for the exam so you do NOT need to memorize it.  Three different scenarios will be presented and you need only to answer one in a full essay.

You list the main topics and page / Chapter #s below here and on the back (and then we can review these as a class tomorrow):

DAY 85 - Contracts

Elements of a Contract
We enter into agreements all the time, but only agreements that have certain legally binding elements are considered contracts.

1. OFFER & ACCEPTANCE
One party makes a "serious" offer, often referred to as a "valid" offer to enter into a contract.  To be valid the offer must be clear and precise.  Then, the offeree (the party accepting the contract offer) must accept the offer.  If a "meeting of the minds" takes place, then the offer has been legally offered and accepted...

The offer must be "serious" - offers made in anger or as a joke are not serious and therefore not valid.

Terms of the offer must be clear.   If goods are being sold then specifics must be detailed, e.g. size, weight, colour, delivery date, terms of the sale (date paid).  And some terms can be assumed.

Invitations to Buy - generally we call these advertisements, store displays, signage, etc.  - these are called, "Invitation to Treat".  In most of these cases, courts have determined that a legal contract has not been formed because these invitations are merely that, invitations to enter a contract by buying.

Communicating an Offer - mail, email, fax, verbal, implied - and many other forms of communication can be used in a contract offer.

Terminating an Offer - until an offer has been accepted there is no contract, so if someone never accepts the offer it is terminated.

Acceptance - words, conduct or in writing, the acceptance must follow some legal rules.  Counteroffers can take effect too - e.g. selling real-estate there is often a series of offers and counteroffers that occur before final agreement.

The acceptance must be communicated to indicate acceptance.  If the acceptance is by mail, the envelope's date stamp indicates acceptance on that date.

2.  CONSIDERATION - the exchange of something of value.  Note - the actual value of the things being exchanged are not relevant.

Present consideration happens when the contract is formed.

Future consideration occurs when a promise within the contract is made for something that happens in the future, e.g. the seller didn't get payment until a future date.


3.  CAPACITY - ability to enter into a contract.

Minors - anyone under age 18 is considered a minor in Canada.

Many apprenticeship and employee contracts are valid with minors as well, e.g. McDonald's.

Impairment by drugs, alcohol, other meds or another physical or mental ailment.


4.  CONSENT - there must be free agreement on both parties to enter the contract.

What is non-consent?
1. misrepresentation of the facts/terms (lying)
2. mistake - someone can honestly make an error in understanding.
3. undue influence
4. duress

5.  LAWFUL PURPOSE - any contract that is a crime in Canada is illegal and void.

DAY 81 - Last Day of Tort Law

THORNTON V. PRINCE GEORGE

SCHOOL DISTRICT NO. 57

Thornton et al. v. Prince George School District No. 57

[1978] 2 S.C.R. 267

Supreme Court of Canada

In 1971, Gary Thornton was participating in a physical education class at Prince George High School in British Columbia.  He was 15 years old and about 185 cm tall.  A box horse had been placed at the lower end of a springboard, so that a spring would elevate the gymnast high enough to do a somersault.  The teacher, David Edamura, had approved this arrangement.  The boys, however, had never before used the equipment this way.  After organizing the class, Edamura went to one end of the gym to complete report cards.  As a result, he was not able to observe the class activity directly.

          After one student had landed on the floor and suffered a broken wrist while attempting a double somersault, foam rubber mats were added around the springboard.  When Thornton’s turn came, he overshot the thick landing mats, landed on his head on the thin foam mats, and was taken immediately to hospital.  Thornton had a fracture of the spinal cord that left him a quadriplegic; he would require constant care for the rest of his life.  His life expectancy was 54 years.  Although physically handicapped, his mental faculties were unimpaired.

          Thornton’s parents brought an action for negligence on his behalf against the school board and the teacher.  In January 1975, the British Columbia Supreme Court awarded $1.5 million.  On appeal by the school board, the Court of Appeal confirmed the negligence of the school board and the teacher but reduced the award to $600 000.  Thornton appealed this decision to the Supreme Court of Canada where, in January 1978, the Court made a final award of $810 000.

          The original trial judgments awarded the plaintiffs $200 000 for pain and suffering and loss of enjoyment of life.  The Supreme Court of Canada reduced this amount to $100 000.

Please Answer

1.           Does this case answer in the affirmative (“YES”) to each of the five elements of Negligence?  Explain each one.

2.           Why did Thornton’s parents bring this action to the court on their son’s behalf?

3.           Why was the action brought against the Prince George School Board as well as the teacher?

4.           Did the teacher do what was expected or required of him as a physical education teacher?  Why or why not?

5.            Do you think the Supreme Court’s award of $100 000 for pain and suffering and loss of enjoyment of life was a fair and reasonable settlement?

 

Also, to complete your study of Tort Law, please ensure that you are familiar with each of the terms under Chapter Highlights on page 430 of the text.

Also, please answer, in your notes, pp 430 – 431, Questions:

·         1-7

·         11

·         12 (but not the last part, “Prepare a report . . . “)

DAY 74 - Civil Cases - Chapter 11

After completing the presentations from yesterday we will work through the cases in Chapter 11 of the text.

DAY 73 - Civil Law

We have been working on this, the test, the field trip to the Courthouse in downtown Toronto for a few days now.  Here is what we have covered so far in Civil Law....

Intro to Civil Law, Torts and Negligence

Torts and Personal Injury Overview

The word “tort” comes from French word for “wrong”.

Primary aim of “tort law” is to provide relief for damages incurred.  And to deter others from committing the same harms.

Torts are civil wrongs that result in an injury or harm and make up the basis for a claim and lawsuit by the injured party.

The types of damages the injured party may recover are:

1.     Loss of earning capacity or lost wages

2.     Pain and suffering

3.     Reasonable medical expenses

Specific torts include acts such as:

·        Trespass

·        Assault

·        Battery

·        Negligence

·        Producing faulty products

·        Intentional infliction of emotional distress

·        Defamation of character

Tort law determines when the person who causes the harm must pay compensation to the person who suffers the harm.

·        Personal Injury Law encompasses all types of physical and psychological injuries a person might suffer arising from:

o   Car crashes

o   Occupier’s Liability

o   Public Liability

o   Negligence of School Boards

o   Product Liability

o   Catastrophic Loss, e.g. accident resulting in paraplegia

The Tort of Negligence – is when harm occurs as a result of an individual, who is under a “duty” of care fails to meet a standard of care imposed by that “duty” of care either by an act or by an omission.

In general terms, Intentional Torts, are any intentional acts that are reasonably foreseeable to cause harm to an individual and do so.

ELEMENTS OF THE TORT OF NEGLIGENCE

1.  NEGLIGENCE

Insufficient care; what a reasonable person should have done to protect the plaintiff

2. CAUSATION

Negligence must in fact be a cause of the damages complained of

3. DAMAGES

Actual loss or damage of a type recognized by law (usually a monetary loss)

4. DUTY OF CARE

An obligation by defendant to exercise sufficient care towards the plaintiff

5. STANDARD OF CARE

It is appropriate to hold the defendant liable based upon their expected standard of care owed to the plaintiff

ELEMENTS OF AN INTENTIONAL TORT

 

1.  INTENTIONAL TORT

The action resulting in the harm was intentional or voluntary

2. INJURY

The action must have caused harm or injury to the plaintiff

3. CAUSATION

The Tort was in fact the cause of the harm or injury

4. DAMAGES

The injury caused harm that can be rectified by (usually) a monetary payment to return the plaintiff to their position before the injury.

Further to this are these two presentations:

Negligence

Intentional Torts and Strict Liability

DAY 64 - Criminal Law Test Review

Your test on MONDAY will be on Criminal Law.

Chapter 4 
Criminal Law deals with offenses against society.  That's why the charge will always be R. vs. Smith (e.g.), the "R." stands for "Regina", or "The Queen".

Criminal Law seeks to punish and rehabilitate offenders, keeps the peace, protects people and property.

Criminal Law is the federal government's responsibility.

Some activities, like drinking in public, traffic violations, etc. can be municipal or provincial matters but they are not criminalized.

Summary Conviction offenses are minor criminal offenses (called "misdemeanors in the USA).

Indictable offenses are the more serious offenses (called "felony" crimes in the USA).

Hybrid offenses can be charged as either summary or indictable.

The Crown must prove its case beyond a reasonable doubt.

Actus reus (the criminal action) and Mens Rea (the criminal intent, guilty mind) must BOTH be proven against an accused to get a conviction.

The Superior Court of each province has a trial division and appeal division for important criminal cases.  The courthouse in Toronto that we visited is the Superior Court of Ontario.

The Supreme Court of Canada hears appeals on points of law, whether our existing laws adhere to the Charter of Rights and Freedoms.  They will also have a final say on points of law from appeals courts from across the country.

Overall Main Points of Chapter 4:
1. What is a crime and how is it dealt with in Canadian Society?
A Crime is an action that:
   a. is considered against the values of Canadian Society.
   b. causes harm to people or property.
   c. the harm caused is serious in nature and degree.
   d. using the criminal justice system against the perpetrators will help deter them (and others) from repeating similar actions.

2. Explain the types of criminal offenses.

Summary, Indictable, Hybrid. please explain each.

3. Distinguish between actus reus and mens rea using examples.

You should have a look at the cases in the chapter and at the review (pp. 142-143) for some interesting ideas and cases.

Chapter 5

The Police are there to serve and protect the public by enforcing the law, especially the Criminal Code.

To arrest someone, the police must have reasonable and probable grounds.

The police can use as much force as is necessary to prevent an escape.

The police must advise those under arrest of their rights - listed in the Charter s. 11.  For example, you do not have the right to remain silent in Canada (you may have seen that on American crime shows).

Police must get a search warrant to search private residences.

The main points of Chapter 5 are:

1. What makes an arrest legal?

2. What are the legal rights of the person under arrest?

3. What are the powers of the police to perform legal searches?

Also check the review of the chapter (pp 178-179) and the cases in the chapter.

Chapter 6.

The adversarial system is our system of trial (means that there are two opposing sides, each having the opposite goal - to prove guilty or to prove innocent.

The Crown represents society and they must prove the accused guilty of the offense.

The jury's job is to convict or to acquit based on evidence presented in court.

Both the Crown and the Defense have the opportunity to present witnesses and to question the other side's witnesses.

The judge determines the admissibility of evidence.  The judge also ensures a fair trial for the accused.

The main points of this chapter include:

1. What types of evidence can be accepted in Canadian Courts?

2. Describe our jury selection process.

Also, check the review of the chapter (pp. 214 - 215) for other highlights, and check the chapter cases.

Chapter 7

Describe the various types of homicide in Canada. 

1st Degree, 2nd Degree, Manslaughter, Infanticide, Negligent Homicide (these are all "culpable" homicides, meaning that there is blame attached, they are not strictly accidents).

There are three categories of assault and sexual assault in Canada, depending upon the severity of the attack.

Arson is the intentional causing of damage by fire.

Identity theft is on the rise and harms thousands each year in Canada.

Fraud is intentionally misleading others for a financial gain.

Weapons are either non-restricted, restricted, or prohibited.

Prostitution is legal in Canada but soliciting and other activities surrounding prostitution are illegal.

Drug laws are in the Criminal Code in the Controlled Drugs and Substances Act.

Impaired Driving is the main criminal cause of death in Canada.

The main points of the chapter are:

1. What are some examples of crimes of violence (against people)?

2. What are some examples of crimes against property?

Check out the Apply Your Learning Section of the Chapter review (p. 260).

Also check the rest of the review and the chapter cases.

Chapter 8

Defenses are the accused's response to the criminal charge.

The Best Defense is an Alibi - proof that the accused was at a different location and could not possibly have committed the crime.

There is a long list of possible defenses to crimes - please review them.

The defense of self defense is acceptable in Canada - a person can use as much force as is necessary to stop the immediate threat against them.

Prolonged abuse is an acceptable defense in Canada.

Please check the chapter review and your notes for more examples of defenses and some good case examples.

Chapter 10 - Youth Criminal Justice Act

April, 2003 (YCJA) - it replaced the Young Offenders Act.

It's part of the criminal code and deals with how we handle youth from the ages of 12 - 17. 

A Child of 11 years or younger is considered too young to be dealt with in the criminal justice system.


The YCJA expands the role of rehabilitation services for youths.

Youths have the same rights as adults under the Charter.  Youths have additional rights under the YCJA. 

Programs of extrajudicial measures and sanctions are designed to deal with youth outside the court system. 

The Supreme Court decided that reasonable grounds must exist before using sniffer dogs in school searches. 

Youths age 14 and up will be tried as adults for serious crimes but they'll be tried in Youth Justice Court.


The names of youths are not to be published.  However, youths aged 14 - 17 who have already been convicted of a serious crime will have their names published.

Sentencing of youth to jail time is a last resort. 

Main points of the YCJA - 

Explain the legal rights of youths upon arrest.

Do you think extrajudicial sanctions and measure are effective?


Outline the sentencing options for judges . . . .

Also, please look at the cases in the chapter and the other review information, pp. 354-355.




Chapter 9 - From Sentencing to Release
Both the Crown and defense can make submissions for sentencing.


Judges use a wide variety of information about the criminal, the crime, and victims when sentencing.


The objectives of sentencing are:
  - hold offenders responsible
  - punish the offender
  - consider victims' needs and concerns
  - impose appropriate measures emphasizing rehabilitation of the criminal
  - protect society
  - to deter the criminal from reoffending  (specific deterrence)
  - to deter the general public from committing similar acts (general deterrence)


Please refer to the rest of the review, pp. 324-325 and refer to the cases in the chapter.