Categorie: Tutti - responsibilities - innocence - rights - equality

da GAVIN SLATER mancano 9 mesi

69

Is our system fair and just

The concept of habeas corpus ensures that individuals under arrest are brought before a judge to determine the lawfulness of their detention, preventing unlawful imprisonment. Equality under the law promotes the same rights for all citizens, positively impacting the economy, education, and reducing poverty and violence, but it does not address individual needs or bridge gaps between groups.

Is our system fair and just

Court cases

R v Morgentaler

legalized medical abortion in Canada

Vriend v. Alberta

determined that a legislative omission can be the subject of a Charter violation

R. v. Keegstra

wilfully promoting hatred against an identifiable group by communicating anti‑semitic statements to his students.

Seminor topics

Youth Criminal Justice

The criminal Justice system is truly flawed. Even though Canada is trying to improve the quality of youh's (12-17 years old) in prison by adding the Youth Offender Act (The YOA adopts what is known as the "justice" model of juvenile criminal justice. It recognizes the special needs and vulnerability of youth because they are not) and amendments prosimed by parliment, it is not enough. The amount of marginalized communties in prison is at insane rate. youth Indigenous People's make up 48% of custody admissions and 39% of community admissions in 2017/2018 in the reporting jurisdictions and youth black people make up 18% of the population in youth prison. Workers at these prisons constantly treat marginalized communities with no respect and treat them as if they are nothing.

Policing

Policing is a major problem in today's society. Police officers have gotten the reputation of being harmful and dangerous to the public. Which in relaity is true. Police brutality have been a constant problem in society. Police officers use their job as a way on gaining power over others, when they shouldn't be. even thought the problem with policing is severe, police officers are an important job to have in society to be able to control criminal acts. Overall, if police officers take anishitive on making time to become better and stop police brutaklity and all the injustices they do, our society will gain respect for them.

Accessibility and Affordability

If someone commits a crime or has to to court becuase something happend, it is very expensive. A lawyer cost between 100-1000 dollars an hour depending on the experence this lawyer has in court. This can be extremly hard for low income families trying to afford a lawyer. The high cost of these legal services can prevent people from accessing legal advice and representation, which can be detrimental to their rights and interests. Marginalized Communities often face systemic barriers that make it harder to access legal services Furthermore, accessibility to justice. This includes, availability of legal aid, court services, and other resources necessary to navigate the legal system. people may not be able to access these types of things, meaning that they can't access justice

Rights and Freedoms

CCRF

protects those basic rights and freedoms of all Canadians that are considered essential to preserving Canada as a free and democratic country

Judicial Activism

Limitation of Parliamentary Sovereignty

Protection of Fundamental Rights

Protection of Minority Rights

Equality Rights

Constitutional Law
Supreme Court of Canada

the highest court in the judicial system of Canada

Final court of appeal

Influence on legal development

Legal expertise and diversity

Lack of Accountability

Unelected Judges

Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary.

Protection of minority rights

Clarity and stability

Protection of individual rights and freedoms

Difficulty in amendment

Interpretation challenges

OHRC

The Code prohibits actions that discriminate against people based on a protected ground in a protected social area.

Enforcement challenges

Pros

Prohibition of Retaliation

Protection of Human Rights

Equality and Non-Discrimination

It takes time

Suit people with a low credit score or who would otherwise struggle to get a mortgage through traditional financing

A contract for a deed can be a friendlier

Between friends or family

the seller retains the legal title to the property until the payment plan is completed.

the buyer lacks security and rights to their home.

Helps to prevent future misunderstandings or disputes by making the agreement clear from the beginning.

Provides proof of what was agreed between you and the other party.

2nd type of contract law

Unilateral

In a Unlateral contract, one party is obligated to fulfill its obligation only if and when the other party completes a specified task.

Diffculties can arrise if the offeror decides revokes the reward before the terms are fulfilled

An offeror cannot generally sue for breach of contract.

Can enable the offeror to save time and money

Most efficent way to publicize a bussinesses activity

Bilateral

A promise from one party in exachange for a promise from the other party. It is a one to one contract.

Emlimitating trade taxes makes it harder to make money

Less successful compaines will tend to go out of bussiness because it is hard to keep their bussiness going

an expansion of the market for a country's goods through concerted negotiation between two countries.

Rule of law

The rule of law is a political ideal that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders.

lack of flexibility in law results in hardship and injustice to the people
provides a shield for individuals from arbitrary state action.

Private law

Family law exists to protect all members in domestic relationships, even when the relationship ends. Family law exists to protect all members in domestic relationships, even when the relationship ends.

Afforability of the homes after the spouces divorce

Family disputes

It also governs relationships between parents and children

It governs relationships between spouses

Employment Law

Types of employment Laws
Human Rights

Laws preventing discrimination and ensuring equal treatment in the workplace.

Hiring

Laws and regulations related to the recruitment, selection, and hiring process

Workplace regulations

Legislation addressing workplace safety, health, and standards.

Compensation

Laws governing wages, overtime pay, minimum wage, and vacation pay.

pros

Vacation pay

Benifits

Termination

Rules and requirements for ending the employment relationship

Subtopic

Employment law refers to the body of laws, regulations, and legal principles that govern the relationship between employers and employees in the workplace. Employment law attempts to ensure fair treatment, rights, and obligations for both employers and employees. Intended to both protect and balance the rights of business owners and employees

inflict additional costs and responsibilities on companies

Making contributions to someones pension

Employment contract

Employment Standard Act, 2000

Tort Law

A tort is a civil wrong that causes a person to suffer harm or loss, resulting in a legal liability for the person who commited the tortious act. The four elements of tort law are duty, breach of duty, caustion, and injury

It could stop a lawsuit before it even starts

It targets specific industries

It can result in more injuries and harm

it offers different methods of resolution

It limits attorney fees.

It maintains the ability to file a lawsuit

It allows juries to focus on the case instead of the reward

Human rights

This is done to ensure people are treated equally and fairly as human beings, regardless of the group to which they belong

Lack of Enforcement

Cultural Relativism

Peace and Stability

Freedom and Liberty

Dignity and Equality

1st type of contract law
Simple Contract

Simple contracts are imformal that may be made in any way. This includes: writting, orally or they may be implied by conduct

Contract of deed

A deed is a formal legal documennt signed, witnessed, and delivered to effect the conveyance or transfer of property pr a legal obligation

public Law

Criminal Law

Crown and defence
Crown, are lawyers employed by the Criminal Justice Branch of the Ministry of the Attorney General. defense lawyer, is an attorney representing a defendant in a lawsuit or criminal prosecution.
Jury
a group of people randomly selected to make decisions at a trial in a court of law
Judge
public official vested with the authority to hear, determine, and preside over legal matters brought in a court of law
Conspiracy
agreement between two or more people to commit a crime or to achieve something legal by doing something illegal
Attempt
intends to commit the crime, but fails,
Parts of Actus Reas
Due Diligence

defense used by the defendant, took care not to commit the offence or honestly believed in a mistaken set of facts.

Protects the people and risks that might occur

Limited by time and budget

Absoulute Liability

to prove the absolue liabilitly you only need to prove the actus reas. There is no possible defence and if the person committed actus reus, he or she is guilty, no matter what precautions were taken to avoid committing the offence, can’t use due diligence.

imposes liability on people who are not blame worthy

Strict Liability

when a defendant is liable for committing an action, regardless of what his/her intent or mental state was when committing the action

Easier enforcement

Deterrent

Promotion of care

Ineffectiveness

Injustice

Elements of Crime
Mens Rea

Carry less penalties

Don’t carry stigma associated with criminal convictions

describe the two basic elements the government needs to prove in order to convict a person of a crime.

What goes into the Mens Rea

Recklessness

Careless disregard for the possible result of an action

Knowledge

knowledge of facts that have happened

Motive

reason for committing an offence

Gulity act

Actus Reas

Wrongful deed. Actual physical act of the crime

None, helps promote a fair and just legal system

Determones wather the crime has actually been commited

Types of criminal offences
Hynrid Offences

Crown attorney has the right to proceed summarily and impose a less severe punishment, or to proceed by indictment.

Summary Conviction Offences

This Minor Conviction. Can be summoned to court without delay.

Indictable Offences

Serious crimes. Criminal Code, set up max penalties for each offence. Penalty decided by the trial judge

a system of law concerned with the punishment of those who commit crimes.

N/A

Protecting the public

Preventing crime

Criminal Code of canada
a federal law that includes definitions of most of the criminal offences that the Parliament of Canada has enacted

Consistency across the country

Protection of rights

Overcriminalization

Lack of Clarity

Complexity

Legal Principles

Hearbeas Corpus

The right a person has under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.

Slow process interms of passing legislation

protects against unlawful and indefinite imprisonment

The right to be pursumed innocent

A presumption of innocence means that any defendant in a criminal trial is assumed to be innocent until they have been proven guilty.

It can be abused

It can be difficult to prove guilt because the burden of proof is on the prosecution, it can be difficult to prove that a person is guilty beyond a reasonable doubt

safeguard the fundamental liberty and human dignity of every person

Impartiality

Equal treatment the accused and the dispuntants

Inflexibility in decision-making

Subjectivity and bias

Inequality and systemic biases

have an unprejudiced view of all parties and have no personal interest in the outcome of the dispute

Equality

the rights of all citizens to equal treatment under the law.

It doesn't bridge the gap between groups or individuals.

It does not prioritize personal needs.

Equality can reduce violence

Equality improves education

Equality is good for the economy

Equality reduces poverty

Roles and Resposibilities

educating and defending clients regarding their rights, communicating with courts and other lawyers, and managing their clients' legal proceedings.

Fairness and impartiality
Efficient case management
Specialization and expertise
Clarity and accountability
Ethical Dilemmas
Abuse their role

Heritage

French

French revolution
Feudalism

social system that existed in Europe during the Middle Ages in which people worked and fought for nobles who gave them protection and the use of land in return.

helped protect communities from the violence and warfare

the distribution of land and wealth

feudalism divided the society into two classes

It was hard to maintain a stable government

Equal rights to justice and protection under the law.

It brought the right to vote.

The French Revolution was a period of major social upheaval that began in 1787 and ended in 1799. It sought to completely change the relationship between the rulers and those they governed and to redefine the nature of political power

Civil law

Limited Precedent

provides clear guidelines for legal relationships

Family Law

Property Law

Contract Law

The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.

English

Presedence

Inflexibility

prevents laws from evolving

provides certainty in the law.

When something has been done that can later serve as an example or rule for how other things should be done

Common Law

Cons

Lack of Certainty

Its reliance on precedents can lead to uncertany

Pros

esponds rapidly to community expectation

faster

more flexible

A body of unwritten laws based on legal precidents established by courts. We use this Law in Ontario, it was originated in England , commencing in the 11th century and was eventually adopeted memebers into the Britsh Commonwealth

Legal Fundatations

Is our system fair and just