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EXAM NOTES, laws 1002
- Course
- Laws1002
- Institution
- Carleton University (CU )
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LAW EXAM STUDY NOTESTERMS
Systemic Oriented Change Transform the structures NOT individuals issues
Automatism Defense for Actus Reus – Involuntary
- man who murders his wife sleep walking
Christie Nills Conflicts as property - Double Victimization
- lawyers steal conflict
Reveals ambiguity of laws distance
Depoliticize Separate politics from law
- Sex education should not be political, it’s the law
Direct Intent Intentionally committing a crime
Economic Tort Suing for compensation
Exonerated Convicted of a crime and released
- Not recognized in Canadian policies
Fact Appeals Appealing based on facts wrong in court proceedings
Hegemony People will have more power and dominance
Hunt Highlights domination and hegemony
House Keeping Looking at reform by tidying up, not fixing the bigger issue
Kent Roach WC and overrepresentation with Indigenous people
Over Representation Marginalized people who experience the justice system more
frequently than others
- Indigenous people making up 3% - 30% incarceration
Official Evidence Gatherer Frank Fight vs. Truth Theory
- Dedicated job who is impartial to evidence
One Shotters Using the system only a few times in their life
Penalty Phase RJ phase after admitting guilt
,Police Culture Doing their job based off values and standards that affect their
behavior patterns and work practices
Procedural Issue Not enough time to go through all the cases in the law
- Trials
Repeat Players People who use the system often
Self Defense Applies when you have an inmate threat of harm, danger or
death to defend. Must be proportionate to the offense.
Duress Doing something because someone is making you
- Steal this or I will kill you
Gladue Report Background on indigenous people
Victim Bill of Rights 4 principles:Information, Protection, Restitution, Participation
Race Based Data Equity to help improve inclusion and diversity
- “we need more surveillance in these areas”
Indigenization Train indigenous groups to fulfill the rolls in the justice
system
Momentum Entry into the criminal justice process is all about momentum
To Charge Police have the discretion to charge
Durkheim Crime is a normal party of society
Categorizing Objecting a person based on race creates stereotypes
Tunnel Vision Crown culture leads to tunnel vision
Uniform Sentencing Mandatory minimums
- DUI is minimum 5 years in prison
Market System Coercion is necessary in the market system
- ‘We treat law like its own economy a lot ties back to
power, people with higher status create laws’
No Incentive To Second guess convictions for officers and justice members
- Above the law, no need to go over what they’ve done
Ubijusibiremedium No law without a remedy
Superficial Participation Believing you’re contributing but you’re not
2
, - Witness statements go to the judge who decides if it
goes to the jury
Patricia Clarke Advocate for victims rights
- “Lets get them REAL participation“
Judicial Inquiries Not followed and reviled problems
- Asking judges for their opinions but not doing
anything about it
No Guarantee Application Victim of a crime looking for legal aid there is an application
Process but there is no guarantee you can even get as far as receiving
the application, let alone sending it in to be reviewed
To Supply Evidence The witness
- Use them as evidence
Sentencing An attempt to address imbalances
- People and justice to be balanced at all times
Tort The main goal is to gain compensation
- Private law
Key Actors Police, lawyers, victims, prosecutors and judges
Duty of Care Being your “brothers keeper”
- Do not need to know them to provide care
Parents Patriae Jurisdiction Courts have a particular responsibility for children
- “Is this in the best interest of the child” ex 3 parents
SManufacture Negligence Must preform a duty of care to their consumers
- Red bull must admit you don’t get wings
Police Ineptitude Lack of skill or ability, police corruption and not doing their
job
Adversarial Nature Judge doesn’t seek to challenge conclusions
- Merely referring a legal battle
Weber Switching from a practical approach to an institutional focus
Frank A courts decision is not a mere private decision
McThenia and Shaffer Resolution must give way to reconciliation
Adjudication Formal Court Process
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