Law 10 Flashcards
(40 cards)
Laws for education
Budget, civil service, curriculum, exams
Laws for food
safety, ingredients
Laws for entertainment
age ratings for violence, sexual content
Laws for minimum wages
based on ages, skills, education, experience
Laws for working conditions
safety, training, supervision
Laws need to be?
made (legislative)
enforced (executive)
applied/interpret (judicial)
Fixed law
Apply to all people equally regardless of place in society
Individuals charged with?
With a specific offence and proper proper procedures must be followed
Civil law
deals with relationships between individuals or groups
Cases that are involved in Civil Law?
physical
intellectual [ideas]
creative [art]
personal relationships
Plaintiff
person who claims to have suffered the loss or injury
Defendant
person being sued
Case 1 for Civil Law
Neudorf vs Milachan
Criminal law
Committed againts the state/crown/society, not just against the victim
1892
Criminal law contained in the criminal code of Canada
Prosecution
lawyers representing the crown
Defence
Lawyers representing the accused person
Federal gov’t
Can make criminal laws
Provincial gov’t
helps administer or carry out
Three basic elements of criminal law
Presumption of innocence
The Criminal act
Mens Rea
Presumption of innocence
must prove guilt, not innocence
The Criminal Act
must have done something considered a crime
Mens Rea
translates to “guilty mind” and refers to intent to commit a crime
eg: murder vs manslaughter
Three options a judge has when sentencing?
Pay a fine
Restitution to the victim
Serve time in prison