1st Year Important bits Flashcards

1
Q

when can the crown elect summary or indictable

A

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

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2
Q

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

A

primary ground

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3
Q

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

A

no time limit

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4
Q

what are mitigating circumstances

A

reasons for decreasing a sentence

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5
Q

what is hearsay evidence

A

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

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6
Q

what is examination in chief

A

examining your own witness

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7
Q

whata re the two grounds for showing cause

A

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

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8
Q

how many jurors are present for each criminal trial

A

12

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9
Q

what is a challenge for cause

A

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

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10
Q

what is viva voce evidence

A

evidence via witnessess orally

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11
Q

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

A

private clause

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12
Q

what is a private clause

A

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

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13
Q

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

A

dismiss

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14
Q

what are the exceptions to hearsay rule

A
  • dying declaration
  • admission against interest
  • if aleged to be statement made by accused
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15
Q

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

A

provocation

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16
Q

what is provocation

A

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

17
Q

what is the other word from a hybrid offence

A

dual procedure offence

18
Q

what are aggravating circumstances

A

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

19
Q

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

A

aggravating circumstances

20
Q

must the crown give full disclosure in a criminal case

21
Q

who issues a warrant

A

judge or JP

22
Q

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

A

partial defence

23
Q

what is a partial defence

A

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

24
Q

do courts always have the right to appeal

25
what is the right to be brought before a judge to have the validity of incarceration assessed
habeas corpus
26
what is expert's point of view on an evidentiary issues called
opinion evidence
27
who determine the sentence
always judge (never jury)
28
what is a preliminary inquiry
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
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
preliminary inquiry
30
where are the arrest powers for peace officers found
s2 of the CC
31
what is our trial system used
adversarial system
32
involving a contest between the parties, with a judge acting as an independent arbitrator
adversarial system
33
a witness with special knowledge or training, whose opinion would be helpful to a judge, or administrative tribunal in making a decision
expert witness
34
what is an expert witness
a witness with special knowledge or training, whose opinion would be helpful to a judge, or administrative tribunal in making a decision
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
prima facie case
36