Is our system fair and just
Legal Fundatations
Heritage
English
Presedence
When something has been done that can later serve as an example or rule for how other things should be done
Common Law
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
Pros
more flexible
faster
esponds rapidly to community expectation
Cons
Lack of Certainty
Its reliance on precedents can lead to uncertany
Pros
provides certainty in the law.
Cons
Inflexibility
prevents laws from evolving
French
French revolution
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
The system of law concerned with private relations between members of a community rather than criminal, military, or religious affairs.
Pros
provides clear guidelines for legal relationships
Contract Law
Property Law
Family Law
Cons
Limited Precedent
Pros
It brought the right to vote.
Equal rights to justice and protection under the law.
It brought the right to vote.
Cons
It was hard to maintain a stable government
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.
Cons
feudalism divided the society into two classes
the distribution of land and wealth
Pros
helped protect communities from the violence and warfare
Roles and Resposibilities
educating and defending clients regarding their rights, communicating with courts and other lawyers, and managing their clients' legal proceedings.
Cons
Abuse their role
Ethical Dilemmas
Pros
Clarity and accountability
Specialization and expertise
Efficient case management
Fairness and impartiality
Legal Principles
Equality
the rights of all citizens to equal treatment under the law.
Pros
Equality reduces poverty
Equality is good for the economy
Equality improves education
Equality can reduce violence
Cons
It does not prioritize personal needs.
It doesn't bridge the gap between groups or individuals.
Impartiality
Equal treatment the accused and the dispuntants
Pros
have an unprejudiced view of all parties and have no personal interest in the outcome of the dispute
Cons
Inequality and systemic biases
Subjectivity and bias
Inflexibility in decision-making
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.
Pros
safeguard the fundamental liberty and human dignity of every person
Cons
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
It can be abused
Hearbeas Corpus
Pros
protects against unlawful and indefinite imprisonment
Cons
Slow process interms of passing legislation
public Law
Criminal Law
Criminal Code of canada
a federal law that includes definitions of most of the criminal offences that the Parliament of Canada has enacted
Cons
Complexity
Lack of Clarity
Overcriminalization
Pros
Protection of rights
Consistency across the country
a system of law concerned with the punishment of those who commit crimes.
Pros
Preventing crime
Protecting the public
Cons
N/A
Types of criminal offences
Indictable Offences
Serious crimes. Criminal Code, set up max penalties for each offence. Penalty decided by the trial judge
Summary Conviction Offences
This Minor Conviction. Can be summoned to court without delay.
Hynrid Offences
Crown attorney has the right to proceed summarily and impose a less severe punishment, or to proceed by indictment.
Elements of Crime
Actus Reas
Wrongful deed. Actual physical act of the crime
Pros
Cons
None, helps promote a fair and just legal system
Mens Rea
Gulity act
What goes into the Mens Rea
Motive
Knowledge
knowledge of facts that have happened
Recklessness
Careless disregard for the possible result of an action
Cons
None, helps promote a fair and just legal system
Pros
describe the two basic elements the government needs to prove in order to convict a person of a crime.
Don’t carry stigma associated with criminal convictions
Carry less penalties
Parts of Actus Reas
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
Cons
Injustice
Ineffectiveness
Pros
Promotion of care
Deterrent
Easier enforcement
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.
Cons
imposes liability on people who are not blame worthy
Pros
Promotion of care
Deterrent
Easier enforcement
Due Diligence
defense used by the defendant, took care not to commit the offence or honestly believed in a mistaken set of facts.
Cons
Limited by time and budget
Pros
Protects the people and risks that might occur
Attempt
intends to commit the crime, but fails,
Conspiracy
agreement between two or more people to commit a crime or to achieve something legal by doing something illegal
Judge
public official vested with the authority to hear, determine, and preside over legal matters brought in a court of law
Jury
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.
Private law
Contract Law
1st type of contract law
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
Simple Contract
Simple contracts are imformal that may be made in any way. This includes: writting, orally or they may be implied by conduct
Human rights
This is done to ensure people are treated equally and fairly as human beings, regardless of the group to which they belong
Pros
Dignity and Equality
Freedom and Liberty
Peace and Stability
Cons
Cultural Relativism
Lack of Enforcement
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
Pros
It allows juries to focus on the case instead of the reward
It maintains the ability to file a lawsuit
It limits attorney fees.
it offers different methods of resolution
Cons
It can result in more injuries and harm
It targets specific industries
It could stop a lawsuit before it even starts
Employment Law
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
Pros
Employment Standard Act, 2000
Employment contract
Making contributions to someones pension
Cons
inflict additional costs and responsibilities on companies
Types of employment Laws
Termination
Rules and requirements for ending the employment relationship
Pros
Subtopic
Cons
Subtopic
Compensation
Laws governing wages, overtime pay, minimum wage, and vacation pay.
pros
Benifits
Vacation pay
Cons
Subtopic
Workplace regulations
Pros
Subtopic
Cons
Subtopic
Hiring
Laws and regulations related to the recruitment, selection, and hiring process
Pros
Subtopic
Cons
Subtopic
Human Rights
Pros
Subtopic
Cons
Subtopic
Family 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.
Pros
It governs relationships between spouses
It also governs relationships between parents and children
Cons
Family disputes
Afforability of the homes after the spouces divorce
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.
Pros
provides a shield for individuals from arbitrary state action.
Cons
lack of flexibility in law results in hardship and injustice to the people
2nd type of contract law
Bilateral
A promise from one party in exachange for a promise from the other party. It is a one to one contract.
Pros
an expansion of the market for a country's goods through concerted negotiation between two countries.
Cons
Less successful compaines will tend to go out of bussiness because it is hard to keep their bussiness going
Emlimitating trade taxes makes it harder to make money
Unilateral
In a Unlateral contract, one party is obligated to fulfill its obligation only if and when the other party completes a specified task.
Pros
Most efficent way to publicize a bussinesses activity
Can enable the offeror to save time and money
Cons
An offeror cannot generally sue for breach of contract.
Diffculties can arrise if the offeror decides revokes the reward before the terms are fulfilled
Pros
Provides proof of what was agreed between you and the other party.
Helps to prevent future misunderstandings or disputes by making the agreement clear from the beginning.
Cons
the buyer lacks security and rights to their home.
the seller retains the legal title to the property until the payment plan is completed.
Pros
Between friends or family ^
A contract for a deed can be a friendlier
Suit people with a low credit score or who would otherwise struggle to get a mortgage through traditional financing
Cons
It takes time
Rights and Freedoms
CCRF
Constitutional Law
OHRC
The Code prohibits actions that discriminate against people based on a protected ground in a protected social area.
Pros
Equality and Non-Discrimination
Prohibition of Retaliation
Cons
Enforcement challenges
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.
Cons
Interpretation challenges
Difficulty in amendment
Pros
Protection of individual rights and freedoms
Clarity and stability
Protection of minority rights
Supreme Court of Canada
the highest court in the judicial system of Canada
Cons
Unelected Judges
Lack of Accountability
Pros
Legal expertise and diversity
Influence on legal development
Final court of appeal
protects those basic rights and freedoms of all Canadians that are considered essential to preserving Canada as a free and democratic country
Pros
Equality Rights
Protection of Minority Rights
Protection of Fundamental Rights
Cons
Limitation of Parliamentary Sovereignty
Judicial Activism
Seminor topics
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
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.
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.
Court cases
R. v. Keegstra
Vriend v. Alberta
determined that a legislative omission can be the subject of a Charter violation
R v Morgentaler
legalized medical abortion in Canada