Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

KNES 503 > 503 Midterm > Flashcards

503 Midterm Flashcards

1
Q

3 Levels of Albertas court

A
  1. Provincial court of alberts
  2. Court of Queen’s bench of Alberta
  3. Alberta court of appeal
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Provincial court of Alberta

A
  • Traffic
  • family
  • criminal
  • civil
  • claims involving less than $50 000
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Provincial court of Alberta judges:

  • What they wear
  • How are they addressed?
A

wear: robes and blue sashes

Adressed: Your honour

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Court of Queens Bench

A
  • Civil
  • Criminal
  • Family law
  • Appeals from the provincial court decisions
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Court of Queen’s Bench:

  • What they wear
  • How are they addressed?
A

Wear: red sashes

Adressed: My lady or My lord, Mr/mrs justice, last name

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Alberta Court of Appeal

A
  • Highest court in Alberta
  • Appeals from queens bench
  • appointed by federal government
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Unwritten Rules

A
  • lawyers called to bar based on years of practice

- address other lawyers as my friend

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Supreme Court of Canada

A
  • highest court in canada
  • 9 judges
  • appeals from appellate courts
  • majority rules
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Burden of Proof

A

prove beyond a reasonable doubt

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

How does criminal matter get to court

A
  • Charges laid
  • Crown prosecutor review file
  • Proceed resolve or dismiss
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Prosecutorial Discretion

A
  1. reasonable likelihood of conviction

2. Public policy

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Assault (what & punishment)

A
  • without consent of another person, he applies force intentionally to that person directly or indirectly
  • not more than 5 years
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Assault with a weapon or causing bodily harm (what & punishment)

A
  • not more than 10 years

- causes bodily harm to the compliant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Aggravated assault (what & punishment)

A
  • wounds disfigured or endangers the life of compliant

- not more than 4 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Judicial notice

A

takes notice of something without having to see evidence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Todd Bertuzzi

A
  • Bertuzzi punches Moore in back of head causing concussion and broken neck
  • Bertuzzi plead guilty
  • charged with assault causing bodily arm
  • Once he has completed 1 year probation and all conditions he will not gain criminal record
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

McSorley

A
  • Mcsorley slashes Brashear in head with hockey stick
  • Pled not guilty, but was charged with assault with weapon
  • Probation, had to retire from NHL
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

How a case file is organized: FILAC

A 
Facts
Issues
Law
Analysis
Conclusion
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Jobidon

A
  • Two agreed to fight in parking lot of bar
  • Jobidons first hit knocked victim out
  • he proceeded to fight even though unconcious
  • Victim died
  • Convicted with manslaughter
  • Victim consented but not to death
  • Supreme court Cananda
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Caster Semenya

A
  • Testosterone levels too high to compete in 400, 800 & 1500
  • she needed to reduce the levels using brith control
  • Court of arbitration
  • refused and tried case
  • unsuccessful
  • Did not compete in Tokyo Olympics
21
Q

Sagen Case

A
  • Womens ski jumping not in Olympics
  • Violates equality rights
  • section 15 of charter
  • Challenged several times in different courts
  • Gender charter challenge
  • Went to supreme court but was unsuccessful
22
Q

Russell Case

A
  • Fraud
  • Superior court of Ontario found info given to be fraud and sent it back to arbitrator mew
  • because changed policy he re-appealed and was successful
  • could coach again
23
Q

Bodily Harm Definition

A

injury to compliant that interferes with the health or comfort of the compliant and that is more than merely transient

24
Q

Witness

A
  • who ever called. witness examines them first
  • cross-examined
  • once evidence is given they can remain in courtroom
25
Q

Arbitration

A

The settling of a dispute by an arbitrator

26
Q

Arbitrator

A

impartial person chosen by parties to resolve a dispute

27
Q

Informed consent

A

Nature and risk of medical procedure example

28
Q

Implied consent

A

nature of the sport

29
Q

4 Legal issues regarding the validity of the DSD Regulations

A
  1. burden of proof
  2. discrimination?
  3. necessary?
  4. reasonable and proportionate
30
Q

Charter of Rights and Freedoms Section 15

A

Equality rights

31
Q

3 levels of Government involved in Multiparty Agreement

A
  1. Municipal
  2. Provincial
  3. Federal
32
Q

Alberta Human Rights Act-Protected grounds

A 
Race 
Religious beliefs
Colour
Gender
Physical disability 
Mental disability 
Age 
Ancestry 
Place or origin
Marital staust 
Source of income 
Family status 
Sexual orientation
33
Q

Human Rights Complaints

A

assigned a human rights officer who will review the complaint and response

34
Q

Human rights officer determines

A
  1. Conciliation process

2. Investigation process

35
Q

Human Rights Complaint 3 Steps (Tribunal process)

A
  1. Referral
  2. Dispute resolution
  3. Hearing
36
Q

What does R stand for in citations

A

Regina (cour

37
Q

Fraud is proven when …

A

It is shown that a false representation has been made..Knowingly
without belief in it truth
recklessly, carelessly whether it be true or false

38
Q

Jurisdiction

A

Do they have the authority to hear the case, if not they cannot hear it

39
Q

S.O.P. does what

A

sets out factors for the arbitrator to consider to determine whether exceptional circumstances justifying the reinstatement exist

40
Q

Factors of S.O.P (10)

A
  1. Age
  2. Remorse
  3. Circumstances
  4. Experience
  5. Rehabilitation
  6. Prior and post offence
  7. Contribution to sport
  8. Cooperation with investigation
  9. Length of suspension
  10. Other factors
41
Q

Struck

A

not included

42
Q

Hearsay

A

Someone else’s word

43
Q

How can an appeal be reopened

A

Due to a policy change

44
Q

How many jury members are in a criminal matter

A

12

45
Q

Claims involving less than $50 000 are in what court

A

Provincial court

46
Q

Claims involving more than $50 000 are in what court

A

Queens bench

47
Q

How many judges in the Supreme court of Canada?

A

9 including Chief Justice

48
Q

How a civil file get to court (CDARQT)

A
  1. claim
  2. defence
  3. applications
  4. Records
  5. Questioning
  6. Trial

KNES 503 (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions