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LAW 12 > Chapter 8-9 > Flashcards

Chapter 8-9 Flashcards

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1
Q

Appearance Notice

A

A written document filed to notify the court and the other parties that a party wishes to appear in or receive notice of the proceedings.

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2
Q

Arrest

A

When a Police officer has sufficient evidence that you committed an offence or where about to commit one, so she or he detains you with a charge being laid against them

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3
Q

Arrest Warrant

A

A warrant that means there is reasonable cause to arrest a person of unknown whereabouts. Police then have the authority to arrest the individual.

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4
Q

Bail

A

lending paying money as assurance that you will not flee . in return you don’t have to go to prison, at least until the verdict is reached.

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5
Q

Bench Warrant

A

A warrant that issues the arrest or detention of an individual to a failure to appear in court

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6
Q

Detention

A

When a police officer doesn’t have enough reasonable cause to make an arrest. But he or she maybe required to do something, or go somewhere

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7
Q

Information

A

acts provided or learned about something or someone.

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8
Q

Line-up

A

When a group of people are lined up, and a witness picks from them to see if the people they saw do something, is actually the right person.

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9
Q

Peace Officer

A

civil officers who’s job is to protect law and order, such as a sheriff or police officer.

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10
Q

Promise to Appear

A

The promise to appear is a document which you PROMISE to appear in court on a specific date and time.

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11
Q

Reasonable Grounds

A

When the circumstances justify an action or precaution as reasonable

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12
Q

Recognizance

A

some kind of “bond” which a person undertakes before a court to observe some condition being placed upon them, especially to appear when summoned.

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13
Q

Reverse Onus

A

When evidence is sufficient enough that bail will be posted. unless the defence can effectively argue why it should be. Usually it is on the crown to restrict bail, but Reverse Onus is when the defence must prove there case.

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14
Q

Search Warrant

A

A warrant allows for the search of a specific area at a specific time for a specific purpose.

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15
Q

Show-cause-hearing

A

.At a show-cause hearing the accusing party must produce evidence demonstrating probable cause that the defendant committed the crime.

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16
Q

Summons

A

an order to appear before a judge

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17
Q

Surety

A

someone who agrees to take responsibility for a person accused of a crime.

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18
Q

Telewarrant

A

When timing is crucial a warrant can be sent via phone, or fax.

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19
Q

Assault lvl 1-3

A

Directly from Gov Canada
Sexual assault level 1 (s.271): An assault committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated. Level 1 involves minor physical injuries or no injuries to the victim.
Sexual assault level 2 (s.272): Sexual assault with a weapon, threats, or causing bodily harm.
Aggravated sexual assault (level 3): Sexual assault that results in wounding, maiming, disfiguring or endangering the life of the victim.

20
Q

Sexual Assault lvl 1-3

A

Directly from Gov Canada
Sexual assault level 1 (s.271): An assault committed in circumstances of a sexual nature such that the sexual integrity of the victim is violated. Level 1 involves minor physical injuries or no injuries to the victim.
Sexual assault level 2 (s.272): Sexual assault with a weapon, threats, or causing bodily harm.
Aggravated sexual assault (level 3): Sexual assault that results in wounding, maiming, disfiguring or endangering the life of the victim.

21
Q

Breaking and Entering

A

Breaking into a building/property with the intent to commit a crime.

22
Q

Colour of Right

A

When temporary ownership is passed between individuals in a verbal or written agreement. example (bob lends me his calculator for a test, I have colour of right to use and have it for the next hour or so)

23
Q

Controlled Substance

A

These drugs are regulated by the federal Controlled Substances Act. Controlled substances are drugs that have potential for abuse.

24
Q

Culpable homicide

A

Homicide that you can be blamed for

25
Q

Disorderly House

A

a house that is a nuisance to society …. ie deals with prostitution, an illegal gambling casino, or a site where drugs are constantly bought and sold.

26
Q

First Degree Murder

A

Planned and excited killing of a human being

27
Q

Fraud

A

Willingly, and knowingly depriving a business or individual of money or wealth.

28
Q

Homicide

A

a human killing another human

29
Q

Hybrid Offence

A

an offence that can be charged as ether an Indictable offence or a Summary conviction offence, given the circumstances the crown can choose which one is most applicable.

30
Q

Indictable offence

A

A serious offence like murder, max sentencing is life in prison

31
Q

Infanticide

A

The murder of an infant my its mother.

32
Q

Manslaughter

A

the killing of another individual with the intent to kill, or after maliace thought

33
Q

Mischief

A

destroying property or data—- rendering property or data useless or——-interfering with lawful use of property or data

34
Q

Theft Under

A

theft amounting to less then $5000 total (hybrid offence)

35
Q

Theft Over

A

theft amounting to more then $5000 (indictable offence)

max ten years in prison

36
Q

Trafficking

A

Possession with the intent to market/sell drugs or an illegal substance

37
Q

Public Mischief

A

a hybrid offence by which an individual misleads police or their investigation

38
Q

Money Laundering

A

Making illegal money look clean by legitimizing it through a business. To prove it Crown must have the illegal money.

39
Q

Murder

A

unlawful killing of a human by a human

40
Q

Non-culpable homicide

A

a homicide where the “killer” that cannot be held responsible.

41
Q

Possession

A

Knowingly and or willingly having control over an illegal substance. Can also be charged even if you all you did was fail to remove yourself from a situation in which others can be charged with Possession even though you know its wrong.

42
Q

Prostitution

A

the selling of sexual acts

43
Q

Provocation

A

an action that makes someone annoyed/angry can be deliberate or non-deliberate.

44
Q

Robbery

A

The theft or attempted theft by use of force, or threatened force.

45
Q

Second Degree Murder

A

Murder that was not planned, but there was intent to kill.

46
Q

Summary conviction offence

A

less severe offences that have no jury (max $5000 or six month in jail)

47
Q

Theft

A

taking of another person property. without consent, or after consent has lapsed, or breaking a contract of consent.

LAW 12 (4 decks)

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