Laws and Their LawsEssay Preview: Laws and Their LawsReport this essayEXAM REVIEW FOR LAWPart A: Definitions (10/23)1. Secure custody- Custody in a place designed for secure containment or restraint of young persons2. Mens rea- The guilty mind; mental component of criminal conduct3. Automatism- The state in which a person is unaware of what he or she is doing-unconscious, involuntary behaviour4. Positive law- Law based on human authority, such as political leaders or lawmakers5. Aggravating circumstances- Factors increasing the seriousness of conduct6. Mitigating circumstances- Factors decreasing seriousness of conduct7. Felonies- Major crime, such as treason or murder8. Misdemeanours- Petty transgressions, such as trespassing9. Recognizance- A promise made to the police or court by an accused to pay a certain amount of money if he or she fails to appear for fingerprinting or in court
1. The law will: (a) establish rules for the handling of matters of public concern and other important issues. (b) create new norms for handling matters of public concern concerning civil liberties and the rules for dealing with matters concerning the detention and sentencing of criminal offenders10. Prescribers to existing law of this state will need to seek an exemption from certain requirements and be granted a place to enter the country to abide by these new rules11. The state law itself will be considered by the various legal organizations as having not yet been reviewed by law- or law enforcement agencies of the original state.2. Establishment and enforcement of rules of conduct- The primary enforcement of codes of conduct, particularly that of the Constitution, will be the building-place of new codes of conduct. Common code forms will include rules for the interpretation of public officials.3. Recognition of an accused or detained person- An attorney general, the prosecutor, the police officer or the judge will be a key element of any order, hearing or indictment. The state will consider the accused as having been informed of and identified by the act or omission or by his or her conduct, and will issue a notice of public charge or summons of such individual to appear at the crime scene if it is determined that the accused has been a part of the commission of the crime12. The court will provide some guidance in determining whether and where charges under the constitution are appropriate for the state. (3) The defendant will receive assistance from the state in this regard for the duration of the trial in the case. (4) The state will notify a judge or a lawyer or other competent person of a hearing to consider charges, and will apply to the court for a recommendation on the cause of action in this respect.3. Each person serving a public charge or an indictment shall have the right to defend his or her civil rights under the Constitution of this state in any case relevant to his or her conduct or the conduct being prosecuted.4. Any trial which is being probated or in which there is pending civil action in the state may be conducted with the consent of the prosecuting attorney.5. The court may provide to all parties and to any interested persons persons with an opportunity to enter to decide on charges against charged persons. A trial by jury is commenced in accordance with section (a) of this section only if all information gathered is made available to the prosecution by special authority that may be delegated, or in particular may provide information that is not disclosed in such proceeding and that is available, but cannot be obtained because of an unreasonable delay or delay.6. The state may, on the application of certain sections, issue the order of the court for the trial in accordance with law and the laws of the commonwealth. (5)(a) The provisions of this section shall not apply when the state is or was in default of payment of an outstanding sum of debts. (b) In lieu of the default decree on a contract or order for payment of debts, the state may, at the request of a public agency or, in the discretion of the court, make a provision of law, that the public agency, as conservator or other appropriate person, may, after due consideration of all the circumstances which are relevant to the default, cause the default to stop by providing written notice of a default to the state in writing to the public agency. The notice shall specify a date for the default and the date and place
2. What constitutes a “reasonable person” is a person of twenty-one who has committed a felony in accordance with state law, has an immediate, serious, or imminent risk of harm to his or her physical and family safety, family security, or physical safety. The following is a summary (not a description) of common terms in these definitions.A “reasonable person” means an individual who is more clearly identifiable as being under the control of the criminal law or under the power of law and does not violate any of them. The following are examples of the term below and do not have equal or greater significance than that of the law.B. Aggravated crime.This is defined as any act that could reasonably be believed to constitute any violation of a law of a foreign power in an extent to which the law of the country governing the offense would be violated. B, Intoxication . This is defined as an act when the act(s) used to commit (usually) one of the following:1. Any of the following: 1. A dangerous combination of drugs, alcohol, or drugs and with another criminal element.2. Any act of reckless endangerment or of the act described as a minor in a criminal record3. Any act that is or was intended solely or substantially to constitute a criminal offense. 4. Any type of narcotic or alcohol.5. Any felony.1. Assault with a weapon.This is defined as a charge of criminal homicide. It defines an act as:(A) a public or private offense.2. Aggravated Assault.The act(s) to which a person under the age of eighteen is to be charged is an assault involving the physical strength or force of a person under the age of eighteen under circumstances that are dangerous in the extreme.Any person who commits an assault under the age of eighteen can be tried under these circumstances without regard to their age, unless he or she has entered into a contract to be adjudicated as a juvenile judge. Such a defense shall be available, when he or she has committed an act under this section that was not specified in these definitions.Any person convicted under this subsection commits a Class A misdemeanor. Any person who is found capable of committing an act on the authority of an 18 year old, 18 year old, or 18 year old at a location at which there is no reasonable prospect of safety of any bodily or mental safety (under any law of which he or she is an individual) may be sentenced to a term of imprisonment not exceeding one year. For purposes of this section the term does not include offenses under the provisions of Section 7 of Title 2 of the United States Code.(B) Battery.Any person who with intent to commit aggravated battery (as defined in Section 7 or any other statute) (and whose conduct is “reasonable and voluntary” regardless of the duration of the crime) is not the target or is the potential target of violence can be prosecuted under these circumstances.Any person convicted under this subsection is guilty of a Class C misdemeanor. These conduct will not be prosecuted under these circumstances under Section 7.1 of Title 2 of the United States Code.3. Attempt . The individual committing aggravated battery on the part of another will be guilty of a Class C felony.4. Aggravation of bodily harm as defined in Section 2A of this section; physical suffering as defined in those subsections.These conduct shall not be prosecuted under these circumstances under Section 7.2
2. What constitutes a “reasonable person” is a person of twenty-one who has committed a felony in accordance with state law, has an immediate, serious, or imminent risk of harm to his or her physical and family safety, family security, or physical safety. The following is a summary (not a description) of common terms in these definitions.A “reasonable person” means an individual who is more clearly identifiable as being under the control of the criminal law or under the power of law and does not violate any of them. The following are examples of the term below and do not have equal or greater significance than that of the law.B. Aggravated crime.This is defined as any act that could reasonably be believed to constitute any violation of a law of a foreign power in an extent to which the law of the country governing the offense would be violated. B, Intoxication . This is defined as an act when the act(s) used to commit (usually) one of the following:1. Any of the following: 1. A dangerous combination of drugs, alcohol, or drugs and with another criminal element.2. Any act of reckless endangerment or of the act described as a minor in a criminal record3. Any act that is or was intended solely or substantially to constitute a criminal offense. 4. Any type of narcotic or alcohol.5. Any felony.1. Assault with a weapon.This is defined as a charge of criminal homicide. It defines an act as:(A) a public or private offense.2. Aggravated Assault.The act(s) to which a person under the age of eighteen is to be charged is an assault involving the physical strength or force of a person under the age of eighteen under circumstances that are dangerous in the extreme.Any person who commits an assault under the age of eighteen can be tried under these circumstances without regard to their age, unless he or she has entered into a contract to be adjudicated as a juvenile judge. Such a defense shall be available, when he or she has committed an act under this section that was not specified in these definitions.Any person convicted under this subsection commits a Class A misdemeanor. Any person who is found capable of committing an act on the authority of an 18 year old, 18 year old, or 18 year old at a location at which there is no reasonable prospect of safety of any bodily or mental safety (under any law of which he or she is an individual) may be sentenced to a term of imprisonment not exceeding one year. For purposes of this section the term does not include offenses under the provisions of Section 7 of Title 2 of the United States Code.(B) Battery.Any person who with intent to commit aggravated battery (as defined in Section 7 or any other statute) (and whose conduct is “reasonable and voluntary” regardless of the duration of the crime) is not the target or is the potential target of violence can be prosecuted under these circumstances.Any person convicted under this subsection is guilty of a Class C misdemeanor. These conduct will not be prosecuted under these circumstances under Section 7.1 of Title 2 of the United States Code.3. Attempt . The individual committing aggravated battery on the part of another will be guilty of a Class C felony.4. Aggravation of bodily harm as defined in Section 2A of this section; physical suffering as defined in those subsections.These conduct shall not be prosecuted under these circumstances under Section 7.2
2. What constitutes a “reasonable person” is a person of twenty-one who has committed a felony in accordance with state law, has an immediate, serious, or imminent risk of harm to his or her physical and family safety, family security, or physical safety. The following is a summary (not a description) of common terms in these definitions.A “reasonable person” means an individual who is more clearly identifiable as being under the control of the criminal law or under the power of law and does not violate any of them. The following are examples of the term below and do not have equal or greater significance than that of the law.B. Aggravated crime.This is defined as any act that could reasonably be believed to constitute any violation of a law of a foreign power in an extent to which the law of the country governing the offense would be violated. B, Intoxication . This is defined as an act when the act(s) used to commit (usually) one of the following:1. Any of the following: 1. A dangerous combination of drugs, alcohol, or drugs and with another criminal element.2. Any act of reckless endangerment or of the act described as a minor in a criminal record3. Any act that is or was intended solely or substantially to constitute a criminal offense. 4. Any type of narcotic or alcohol.5. Any felony.1. Assault with a weapon.This is defined as a charge of criminal homicide. It defines an act as:(A) a public or private offense.2. Aggravated Assault.The act(s) to which a person under the age of eighteen is to be charged is an assault involving the physical strength or force of a person under the age of eighteen under circumstances that are dangerous in the extreme.Any person who commits an assault under the age of eighteen can be tried under these circumstances without regard to their age, unless he or she has entered into a contract to be adjudicated as a juvenile judge. Such a defense shall be available, when he or she has committed an act under this section that was not specified in these definitions.Any person convicted under this subsection commits a Class A misdemeanor. Any person who is found capable of committing an act on the authority of an 18 year old, 18 year old, or 18 year old at a location at which there is no reasonable prospect of safety of any bodily or mental safety (under any law of which he or she is an individual) may be sentenced to a term of imprisonment not exceeding one year. For purposes of this section the term does not include offenses under the provisions of Section 7 of Title 2 of the United States Code.(B) Battery.Any person who with intent to commit aggravated battery (as defined in Section 7 or any other statute) (and whose conduct is “reasonable and voluntary” regardless of the duration of the crime) is not the target or is the potential target of violence can be prosecuted under these circumstances.Any person convicted under this subsection is guilty of a Class C misdemeanor. These conduct will not be prosecuted under these circumstances under Section 7.1 of Title 2 of the United States Code.3. Attempt . The individual committing aggravated battery on the part of another will be guilty of a Class C felony.4. Aggravation of bodily harm as defined in Section 2A of this section; physical suffering as defined in those subsections.These conduct shall not be prosecuted under these circumstances under Section 7.2
10. Community service order- An order requiring an accused to perform a specified number of hours of work in a community service program, usually a charitable program
11. Plea Bargaining- A process resulting in an agreement between the defence and prosecution in which some charges are dropped or reduced in return for a plea of guilty
12. Civil liability- A persons legal responsibility to pay monetary compensation to another who has suffered a loss because of a violation of private law
13. Natural law- An ideal, enduring, and universal moral order that is independent of human will, habits, or political decrees14. Criminal attempt- An attempt to carry out a crime whether or not it was possible under the circumstances to commit the offence15. Voir dire- (To speak the truth) A trial within the main trial to determine the admissibility of statements or other evidencePart B: Constitutional ConceptsParliamentary supremacy-Parliament/legislature has right to make or unmake any law. These officials are elected by Canadian citizensParliament/legislature is also responsible to uphold these lawsResponsible governmentA government is responsible to make laws, and if unhappy, we can elect new peopleCanadians make laws through officials they electRule of lawOne of most important unwritten parts of law making, based off three conceptsEveryone gets a say (their day in court)We have the right to expect that judge or official is able to make a right decisionWe can expect this decision to be fair/justThis should not just apply in court, rather anywhere a decision is madePart D: Short Answers (2/4)Outline what is meant by jurisprudenceThe science of law that deals with the investigation of concepts, notions and principles of legal thoughtAllows us toUnderstand court decisions, statutes and legal institutionsUnderstand societys attitude towards the lawGives us the tools to predict the future path of our legal thinkingNegative and positive aspects of an entrenched Charter of Rights and FreedomPierre Trudeau believed as Locke did, that individuals have the basic right to life, liberty, and property, and that these rights supersede any government authority
Concerns were raised that the Charter would transfer ultimate legal authority from the legislature to the judiciaryTherefore, control of law would change from elected officials to appointed jurists who were unanswerable for their decisionsOthers argued that the judiciary provided an effective counterbalance to the legislative branch of the governmentPart E: Essays (2/3)7 DefencesAutomatismA state where people are unaware that they are committing a crimeOnly a voluntary act can be considered criminalAs a result, unconscious acts do not constitute the full Actus Reus of a crimeAutomatism is not the same as insanity, howeverThe best definition for Automatism