chapter 3

Question 1

criminal law

Answer 1

the entire set of principles, procedures, and rules established by governments through the courts and criminal legislation to ensure public safety. it includes definitions of crimes, criminal responsibility, punishments, and defences to a criminal charge.

Question 2

prohibition

Answer 2

a law forbidding a specific act

Question 3

penal law

Answer 3

a law that imposes punishment, as opposed to a law that provides only the right if a victim to compensation

Question 4

common law

Answer 4

a body of law defined primarily through successive decisions of judges, as opposed to through legislation.

Question 5

when did Canada adopt its own criminal code?

Answer 5

1892, but Canada retained the power to create common law until the 1950s

Question 6

what does the federal parliament determine?

Answer 6

what acts are criminal and which available punishments apply, as well as the procedures associated with investigating and prosecuting crimes.

Question 7

hybrid offence

Answer 7

the Crown uses the specific facts of each case to decide if to prosecute the case as a summary offence or as an indictable offence

Question 8

summary offence

Answer 8

a relatively minor offence, punishable by a fine or a maximum jail sentence of two years less than a day.

Question 9

indictable offence

Answer 9

a serious offence, such as murder or sexual assault, which carries a sever penalty.

Question 10

What are criminal courts responsible for?

Answer 10

Applying the criminal code or relevant regulatory statutes to the facts of a particular case.

Question 11

indictment

Answer 11

the formal process of setting out a charge in a document for serious, indictable offences.

Question 12

civil law

Answer 12

a system in which the law is primarily set out in legislation, and judges discretion is limited to interpretation and application of those written provisions.

Question 13

preliminary inquiry

Answer 13

a hearing to determine whether there is enough evidence to send a charge to trail

Question 14

direct indictment

Answer 14

a prosecutorial power that may be invoked to compel a trial despite a judges decision to refuse to do so after a preliminary inquiry.

Question 15

actus reus

Answer 15

the criminal act or personal conduct relating to a crime; it may include a failure to act but does not include the mental element of a criminal offence.

Question 16

mens rea

Answer 16

the mental element of a criminal offence or the state(s) of mind of the offender; it is the intent to commit a criminal act.

Question 17

deterrence

Answer 17

a principle of sentencing or punishment intended to discourage citizens from offending or reoffending.

Question 18

denunciation

Answer 18

a formal expression that conduct is unacceptable

Question 19

parliamentary supremacy

Answer 19

the concept that the legislative body is superior to other institutions, including the executive and the courts.

Question 20

retribution

Answer 20

punishments for transgression

Question 21

rule of law

Answer 21

the principle that governments, individuals, and corporations must follow the law; governments may take actions that limit the activities or rights of citizens only in accordance with substantive and procedural requirements prescribed by law.

Question 22

habeas corpus

Answer 22

the right of an accused to appear before a court and not be detained without just cause

Question 23

interjurisdictional

Answer 23

relating to crimes, legislation, or other legal issues that cross the boundaries of nations, provinces, or other jurisdictions