Midterm 3 Textbook Flashcards
What does it mean if a law is dynamic?
-they are evolving constantly
When and why was adultery a crime in Canada?
-was a crime if committed in the home of a child
-law changed in 1985
Define the rule of law (2)
-foundational principle of Canadian constitution
-law is supreme over any body, government or individual
What does R stand for in R. v. name and v? (2)
-Regina, latin for queen
-v is versus
What is 2014, 2 and 423 mean in R v Sipos, [2014] 2 SCR 423? (3)
-decision was reported in 2014
-2 is second volume in 2014
-423 is the page number the case number if found
Who is credited with establishing a more uniform approach to justice?
-King Henry 2
What is common law?
-based on tradition, judges follow decisions made by other courts
What was the Magna Carta?
-1215
-everybody was subject to law, all free men had right to trials and justice
What has been called judge-made law?
-common law
Define stare decisis
-legal principle where courts are bound by prior decisions and decisions of higher courts
Define precedent
-judges base decisions on current cases on the outcome of prior judgements
If someone was found not guilty, does that mean they are innocent?
-no, it means there wasn’t doubt beyond a reason
Define substantial law
-rules that define rights and obligations
Define procedural law
-rule that enforce rights or due process
What did the Department of Justice Canada say about their expenditure in 2016/2017?
-50% of 500K applicants obtained help for criminal matters
Define habeus corpus
-right of a person detained to challenge the legality of their detention before the court
What was R v Ewanchuk?
-no means no by Supreme court
What was R v Feeney?
-unreasonable search and seizure of mans house
What was R v Gladue?
-Indigenous people can be offered a lesser sentence
R v Mann?
-police powers when detaining a person for investigation
R v Martineau?
-mens rea required for murder
R v Morin?
-trial within reasonable time
R v Seaboyer?
-evidence relating to sexual reputation of a sexual assault victim
R v Stone?
-determining proper test for automatism
