Examen – Law 120Allen Steeves

IT’S AN OPEN BOOK EXAM

You can use your notesYou can review the course content during

the examYou can use the Internet during the exam

THERE IS A TWO HOUR TIME LIMIT FOR THE EXAM. IT PROBABLY WON’T TAKE

YOU THAT LONG

EXAM FORMAT

MOST OF THE QUESTIONS ARE MULTIPLE CHOICE

THERE ARE ABOUT 10 LONG ANSWER QUESTIONS – SIMILAR TO ANSWERS THAT YOU HAVE PROVIDED FOR ASSIGNMENTS

THERE ARE A FEW ‘MATCHING’ TYPE QUESTIONS

LAWS, RIGHTS, VALUES, RULES

Know the difference between ◦Laws◦Rights◦Values◦Rules

LAWS, RIGHTS, VALUES, RULES

RELIGION (VALUES)NO TALKING IN THE HALLWAY (RULE)QUALITY WE GET FROM OUR FAMILY, FROM SCHOOL,

FROM RELIGION (VALUES)YOU MUST OBEY THE SPEED LIMIT (LAW)PEOPLE OF ALL RACES, RELIGIONS, ETC MAY VOTE IN

CANADA (RIGHTS)CELLPHONES NOT PERMITTED IN CLASS (RULE)CDN CITIZENS ARE FREE TO TRAVEL ANYWHERE IN

CANADA (RIGHT)MOST SPORTS HAVE GUIDELINES TO ENSURE THAT

THINGS RUN SMOOTHLY (RULES)

LEGAL TRADITIONS

ABORIGINAL LAWOMMON LAWCHARTER OF RIGHTS AND FREEDOMSCONSTITUTIONCIVIL LAW

LEGAL TRADITIONS

KNOW WHERE THE LEGAL TRADITIONS COME FROM AND WHAT THEY MEAN◦The Constitution is the supreme law of the land◦Le Common Law tire ses origines de la

conquête Normande du Moyen Âge (1066)◦La Loi Civile est basé sur les lois romaines et

les coutumes françaises

LAWS IN CANADA TODAY

The English Law is the foundation of the Canadian legal system, with the exception of the law of Quebec.

So, Canadian law is base on the laws of France and England.

French law was codified in extensive legal texts and is referred to as “civil law”.

English law was not codified until much later in history and was known as “Common Law”

COMMON LAW

In 1066, William the Conqueror defeated King Harold at the battle of Hastings, and was in control of England. His grandson, Henry II, tried to bring consistency and fairness to the law.

Judges (called circuit judges) traveled to villages to hear cases and began to record the cases and their decisions. (these traveling courts were called assizes)This helped to establish a common method of dealing with similar legal cases, which became known as “common law”, that is, that it was common to everyone. (aka. Case law)

As these written reports became available, judges would follow the precedent or example in deciding a case before them. This practice led to a principle known as “stare decisis” which means to “stand by the decision.”

This led to the “rule of precedent”, applying a previous decision to a case that has similar circumstances.

COMMON LAW

Common Law can be traced to ancient, unwritten laws in England.

It was common to all and has a general application. Is also called CASE LAW because its sources include the

decisions made by judges in previous cases. Constantly evolves as judges decide new cases. Canadian courts still rely on STARE DECISIS (relying on

previous decisions / cases). When there is new information (like new technology, or

new morals), judges can reject previous decisions and create a new precedent. This is called DISTINGUISHING A CASE.

STATUTE LAW

• Laws that are passed by elected representatives in the form of acts.

• Acts become the law when they pass through a formal procedure in Parliament or provincial legislatures.

• Many of our laws today are statutes – common law decisions that have been codified.

• Statutes override previous common law. When no statute exists to deal with a situation, the common law will prevail.

• Statutes and common law co-exist in Canada. When a judge interprets and applies a statute, that decision sets a precedent and. From that point on, similar cases must be interpreted in the same way by all lower courts.

STATUTE LAW - MUNICIPALITIES

• Municipal or local governments make laws called BYLAWS, which are regulations that deal with local issues, such as how high the backyard fence should be, who should clear the snow from the sidewalk, or how often the garbage should be collected.

• Research the bylaws in your community: Is there a noise bylaw? Could you keep chickens in your backyard? Can you have an open fire pit? Can you use pesticides on your lawn in your community? Is there a curfew in your community? Is there a bylaw for dangerous or unsightly properties? Is there a bylaw for recycling / garbage collection?

COMMON LAW AND STATUTE LAW

Common law was judged in the courts with judges trying cases. Common law is frequently referred to as “case law”.

It was combined with the Law of Equity, where each case must be judged on its merits.

Eventually, many of these decisions were codified and referred to as statute laws.

Thus, the 2 main categories of law for all of Canada, except Quebec, are common law (law of equity) and statute law.

CONSTITUTIONAL LAW

The Canadian Constitution is a document that determines the structure of the federal government and divides law-making powers between the federal and provincial governments.

Constitutional Law limits the powers of government by setting out certain basic laws, principles and standards that all other law must adhere to. It overrides all other law.

If a law is found to be in violation with the constitution, it is struck down by the courts as “unconstitutional”.

LEGAL TRADITIONS

Know that if the Municipal, Provincial or Federal Government wants to pass a new law, it cannot go against:◦The Constitution◦The Charter of Rights and Freedoms

TYPES OF LAWS

Know the difference between the types of laws◦Criminal◦Succession◦ International◦Administrative◦Tort◦Contract◦Property◦Family◦Private/Civil◦Constitutional◦Domestic

RULE OF LAW

Know what ‘Rule of Law’ means◦Politicians, police officers, judges, etc must

follow the same laws as everybody else – nobody is above the law

Make sure that you really read up on this – even if it’s an open book exam

COURTS

Make sure that you are knowledgeable about the various courts that exist in New Brunswick.. And Federally as well◦Court of Queen’s Bench (Trials)◦Court of Queen’s Bench (Family)◦Military Court (Court Martial)◦Youth Court◦NB Court of Appeals◦Provincial Court◦Supreme Court of Canada◦Small Claims Court

CHARTER OU NB HUMAN RIGHTS ACT?

A NB citizen refuses to sell his/her house to a person of a different race

Canadian citizens can move anywhere within the country

The police cannot search you or your house without a justifiable reason

You have the right to vote (18 and up)

CHARTER OU NB HUMAN RIGHTS ACT?

A federal election must be held at least every five years

Your employer cannot pay you, a female, less money than a male doing the same work (with same experience, qualifications, etc)

Federal services must be offered in both official languages

CHARTER OU NB HUMAN RIGHTS ACT?

You are stopped by the RCMP in a francophone community. You have a right to be served in either English or French

A flower shop refuses to sell flowers to people who are organizing a same-sex marriage ceremony

You have a right to not be harrassed at your place of work

CRIMINAL LAW VS CIVIL LAW

Know the difference between Criminal Law and Civil Law◦Check out the assignment that you did that had

a comparison table …

DÉFENSES CIVILES

Savoir c’est quoi les défenses civiles◦Négligence concourante◦Acceptation volontaire du risque◦Accident inévitable◦Calamités naturelles

Faire une revue de vos devoirs de l’unité 3◦Aussi lire les cas-exemples du chapitre

Une base militaire a été établie à Gagetown… un nouveau résident souffre d’une perte d’audition à cause du bruit constant du bombardement◦Le niveau de bruit était connu… donc il constitue une

acceptation volontaire des risques associés au bruit

DOMMAGES CIVILES

Dommages-intérêts pécuniairesDommages-intérêts non pécuniairesDommages-intérêts majorésDommages-intérêts punitifsDommages-intérêts symboliquesExécution en nature