1st Year Important bits

Question 1

when can the crown elect summary or indictable

Answer 1

in first appearance court, if it’s a hybrid offence

Question 2

what is the necessity to keep an accused person locked up or otherwise restricted with bail conditions to ensure they will show up in court

Answer 2

primary ground

Question 3

what is the time limit for laying charges for an indictable offence

Answer 3

no time limit

Question 4

what are mitigating circumstances

Answer 4

reasons for decreasing a sentence

Question 5

what is hearsay evidence

Answer 5

out of court statements being presented by someone other than the person who initially made the statement

Question 6

what is examination in chief

Answer 6

examining your own witness

Question 7

whata re the two grounds for showing cause

Answer 7

primary ground- to ensure the accused will attend court
secondary ground- detention is necessary for the safety of the public

Question 8

how many jurors are present for each criminal trial

Answer 8

12

Question 9

what is a challenge for cause

Answer 9

one of the reasons listed in the CC for keeping someone off a jury

Question 10

what is viva voce evidence

Answer 10

evidence via witnessess orally

Question 11

what is a provision in a statute that purports to prevent a court from reviewing the decisions of administrative tribunals

Answer 11

private clause

Question 12

what is a private clause

Answer 12

a provision in a statute that purports to prevent a court from reviewing the decisions of administrative tribunals

Question 13

what is a court order eliminating a criminal or quasi-criminal charge

Answer 13

dismiss

Question 14

what are the exceptions to hearsay rule

Answer 14

• dying declaration
• admission against interest
• if aleged to be statement made by accused

Question 15

what is the wrongful act or insult that is enough to deprive an ordinary person of self control

Answer 15

provocation

Question 16

what is provocation

Answer 16

wrongful act or insult that is enough to deprive an ordinary person of self control

Question 17

what is the other word from a hybrid offence

Answer 17

dual procedure offence

Question 18

what are aggravating circumstances

Answer 18

factors related to the offence that could justify judge imposing a more severe penalty

Question 19

what are factors related to the offence that could justify judge imposing a more severe penalty

Answer 19

aggravating circumstances

Question 20

must the crown give full disclosure in a criminal case

Answer 20

yes

Question 21

who issues a warrant

Answer 21

judge or JP

Question 22

what is an explanation of an accused’s behaviour that may result in a conviction for a lesser and included offence rather than the more serious offence charged

Answer 22

partial defence

Question 23

what is a partial defence

Answer 23

explanation of an accused’s behaviour that may result in a conviction for a lesser and included offence rather than the more serious offence chargedd

Question 24

do courts always have the right to appeal

Answer 24

yes

Question 25

what is the right to be brought before a judge to have the validity of incarceration assessed

Answer 25

habeas corpus

Question 26

what is expert’s point of view on an evidentiary issues called

Answer 26

opinion evidence

Question 27

who determine the sentence

Answer 27

always judge (never jury)

Question 28

what is a preliminary inquiry

Answer 28

a hearing where crown has onus to establish that it has some evidence on each element of the offence so that the charge(s) ought to procees to trial

Question 29

what is a hearing where crown has onus to establish that it has some evidence on each element of the offence so that the charge(s) ought to procees to trial

Answer 29

preliminary inquiry

Question 30

where are the arrest powers for peace officers found

Answer 30

s2 of the CC

Question 31

what is our trial system used

Answer 31

adversarial system

Question 32

involving a contest between the parties, with a judge acting as an independent arbitrator

Answer 32

adversarial system

Question 33

a witness with special knowledge or training, whose opinion would be helpful to a judge, or administrative tribunal in making a decision

Answer 33

expert witness

Question 34

what is an expert witness

Answer 34

a witness with special knowledge or training, whose opinion would be helpful to a judge, or administrative tribunal in making a decision

Question 35

what a prosecutor has to establish at a preliminary inquiry to convince a judge to send the case to superior court for trial
-some evidence for each section of the charge as described in the statute

Answer 35

prima facie case