Chapter 1+2 - Introduction to Criminal Law, Adversarial System

Question 1

What is a crime?

Answer 1

An act that the law forbids that is targeted at some even or injuries or … upon the public

Question 2

What are the elements of a crime?

Answer 2

a prohibition, must impose a penalty, must be directed against a public purpose

Question 3

Under section ___ of the Constitution Act, the ___ Government has the power to enact criminal legislation

Answer 3

91, Federal

Question 4

Section __ of the Constitution Act enables the provinces undertake the ____ of justice

Answer 4

92, Administration

Question 5

What is the purpose of Criminal Law?

Answer 5

protect all members of society from serious, harmful, and dangerous conduct, and to contribute to the maintenance of a just, peaceful, and safe society though the establishment of prohibitions sanctions and procedures to deal fairly and appropriately with conduct that causes serious harm to individuals or society

Question 6

What are convictions based upon?

Answer 6

The conduct of the accused, not the merit of the victim

Question 7

the inquisitorial system has the judge act in a ____ role, and can be found in ___ in compliance with the ___ system

Answer 7

active, Quebec, civil law

Question 8

True or false: the Adversarial system is always adversarial

Answer 8

False. the Prosecution and Defence may collaborate if they wish to avoid going to trial

Question 9

In fulfilling the role of the Crown, the ____ will delegate to ____ and their ___

Answer 9

Provincial AG, Crown Attorneys, Assistant Crown Attorneys

Question 10

Ideally, a Prosecutor will ___

Answer 10

Not be competitive, and dedicate themselves to the pursuit of justice

Question 11

nTrue or false: if a client admits to their attorneys that they are guilty, the attorney is ethically bound to inform the court.

Answer 11

False. How is the defendant to know what constitutes guilt?

Question 12

Under what conditions would the Defence be obliged to break attorney-client privilege?

Answer 12

If the attorney believes that their client is in imminent risk of harm (including psychological harm)

Question 13

True or false: the defence is entitled to always adopt a purely adversarial role?

Answer 13

True

Question 14

The Judge is commanded to always be ___ in their decisions

Answer 14

Impartial

Question 15

What is the role of the Judge?

Answer 15

to ensure all parties and witnesses follow proper proceadure, ensure the trial is fair, to interpret the law, assess presented evidence.

Question 16

True or False: Misdemeanours (rape, murder, assault) are the most serious forms of offence.

Answer 16

False. Rape, Murder, and Assault are indictable offences

Question 17

True or false: provincial court has absolute jurisdiction (can hear both indictable offences and misdemeanours)

Answer 17

True

Question 18

____ is always tried in a Provincial court and/or by a Justice of the Peace

Answer 18

Summary Convictions

Question 19

The Accused must always be present for ___

Answer 19

Indictable Offences

Question 20

What is the default if the accused does not choose a mode of trial?

Answer 20

Judge and jury

Question 21

___ May choose between summary convictions and indictable offences

Answer 21

The Crown

Question 22

Only when ___ does the accused have the option to choose their mode of trial

Answer 22

the prosecution chooses to indict

Question 23

There are how many sources of criminal law in Canada?

Answer 23

4. The Criminal Code/,The Charter of Rights and Freedoms, Statutes, Common Law

Question 24

What was the Significance of the Stingecombe Case?

Answer 24

Establishes the responcibility of the Crown to provide disclusire of all it’s materials, whether it helps the defence or not