Law Study Guide – Unit 1
Definitions:
Deter: To stop; discourage from doing something
Restitution: Pay a price (prison time, fine, etc.)
Rehabilitate: To change
Retribution: Punishment that is considered to be morally right and fully deserved; “eye for an eye”
Honest Mistake: Defense for not knowing you committed a crime
Sanctions: A threatened penalty for disobeying a law or rule; punishment to another party
Negligence: Putting someone at risk through carelessness
The test of negligence:
Duty of Care
Standard of Care
Foreseeability
Reasonable Person
Precedent: A legal decision that serves as an example an authority in subsequent similar cases; basis for the rule of precedent – the legal principle in which similar facts result in similar decisions
Plaintiff: Civil law proceeding; Person(s) who start the action or lawsuit
Accused: Person(s) that are accused of committing or participating in a crime
Crown Attorney: Society is represented by the Crown in criminal cases; Tries to prove charges against the accused person beyond a reasonable doubt
Perjury: The offense of willfully telling an untruth in a court after having taken an oath or affirmation
Citation: Name of the case
Types of Law
Substantive Law: Consists of laws that list the rights and obligations of each person in society
Procedural Law: The process of law; outlines the steps involved in protecting the rights given under substantive law
Public law: Controls the relationship between the governments and the people who live in society. Main types: criminal, constitutional, and administrative law
Criminal Law:
Set of rules passed by Parliament
Rules define acts called “crimes” that are offences against society
Penalties are set for committing crimes
Most criminal laws are in the Criminal Code
Examples of criminal laws: The Youth Criminal Justice Act, The Controlled Drugs and Substances Act
Purpose: to punish offenders and protect citizens
Constitutional Law: Laws divided amongst the three levels of