Criminal Law and the court system

Question 1

describe superior courts

Answer 1

• also called court of queens bench
• highest level of trial court
• handles most serious criminal offences
• judges appointed and payed for by federal gov
• juries can be used here

Question 2

what are the 3 levels of court?

Answer 2

1. provincial court
2. superior court
3. Provincial courts of appeal (appelate courts)

Question 3

the provincial court system implies the provincial court

Answer 3

FALSE: this encompases all 3 levels of courts in a province

Question 4

Crimes can also be classified as …

Answer 4

mala in se -> wrong in themselves

mala prohibita -> wrong because they are prohibited by law (i.e. drug laws)

Question 5

SCC judges are appointed by the federal government

Answer 5

FALSE: they are appointed by the governor general

Question 6

identify the long list of things that the rule of law aspires to be and have

Answer 6

1. laws should be prospective, not retroactive
2. laws should be stable
3. clear rules or procedures for making law
4. independence from the judiciary (seperate from gov)
5. principles of natural justice should be observed (fairness - how ppl r treated in the system
6. courts should have power of judicial review
7. courts should be accessible to the public
8. discretion of law enforcement should be exercised in accordance with fixed and pre-determined rules

Question 7

laws should be proactive and not retroactive

Answer 7

FALSE: laws should be prospective

• this means laws should be forward thinking
• laws have to exist before they can be applied

Question 8

we can think of “rule of law” as a ____ or a set of principles that ensures the ____ of which laws are ____ and ____, focus on _____ and ____-

Answer 8

Legal Maxim, process, created and enforced, fairness and equality

Question 9

actus reus can be an involuntary act and can still be found culpable

Answer 9

False: it has to be voluntary

Question 10

describe the provincial courts

Answer 10

• specialized criminal courts
• seperate divisions
  
  • reponse to increase in criminal cases
• fixed vs circuit courts
  
  • most are fixed (like the courts in edmonton)
  • circuit courts go from community to community
• most criminal trials heard here
• deal with ALL summary offences and less serious indictable offences
• judges payed for by provincial gov
• juries not used here

Question 11

Duress would not find someone guilty of actus reus

Answer 11

true

Question 12

what are the 3 categories of crime?

Answer 12

• indictable offense (most serious)
• summary offense (less serious)
• hybrid offense (dual offences and largest offences)

Question 13

the supreme court is also called …

Answer 13

appeals court of last resort

Question 14

what is provider reference (with regards to the SCC)

Answer 14

providing an opinion on something of constitutional importance. i.e. laws on same sex marriage

Question 15

what is the difference b/w criminal law and criminal process ?

Answer 15

Criminal Law -> substantive law

• prohibits undesirable conduct and prescribes punishment for specific offences
• tells us what we shouldnt do

Criminal Process -> procedural law

• provides discretion on how to proceed within the criminal justice system
• dictates the criminal process (how substantive law is enforced)

Question 16

what are the 2 elements of crime?

Answer 16

Mens rea and Acus reus

Question 17

what would be examples of natural justice?

Answer 17

disclosure, stinchcomb rule, right to impartial decision maker, having the right to be heard