Exam MultipleChoice

Question 1

Punishment that requires the offender to pay the victim or society back for the harm or loss suffered

Answer 1

restitution

Question 2

Stare decisis or rule of precedent

Answer 2

features of common law

Question 3

A court order designed to prevent unlawful arrest by ensuring that anyone detained is charged before a court within a reasonable time

Answer 3

Habeas Corpus

Question 4

Supreme Court of Canada

Answer 4

highest court in canada

Question 5

1. Must be important enough to justify overriding a constitutional right. 2. Rational Connection between limits of rights and objective of the legislation 3. Right must be limited as possible 4. More severe the rights limitation, more important the objective must be

Answer 5

reasonable limits to the charter

Question 6

Under the charter you are free to think and believe what you want and to publicly express our opinion through different mediums

Answer 6

freedom of expression

Question 7

The right to entertain the beliefs you chose, declare your beliefs without fear and to express your religion through practice

Answer 7

freedom of religion

Question 8

The right to assembly for peaceful purposes

Answer 8

freedom of assembly

Question 9

the right to entering leave Canada and to move from province to province

Answer 9

mobility rights

Question 10

The right of person who become involved in Crime

Answer 10

legal rights

Question 11

Every individual is equal before and under the law and has the right to equal protection and equal benefit of the law without discrimination

Answer 11

equality rights

Question 12

What two elements must be present for something tp be considered a crime

Answer 12

Mens Rea and Actus Rea

Question 13

the accused acknowledging the offence took place but offer the defence of due diligence

Answer 13

strict liability offence

Question 14

Who is the person who commits the crime?

Answer 14

Perpetrator

Question 15

Assisting the perp, encouraging the perp without providing physical assistance, and advising, recommending or persuading another person to commit an offence

Answer 15

aiding, abetting, and counselling

Question 16

A condition in which a person acts without being aware of what he or she is doing

Answer 16

automatism

Question 17

The unlawful threats or pressure to face someone into contract

Answer 17

duress

Question 18

a form of automatism caused by mental disorder

Answer 18

insanity

Question 19

Planned and deliberate, is contracted, causes the death of a peace officer, or is committed during another serious crime

Answer 19

first degree murder

Question 20

Basic elements of robbery

Answer 20

theft involving violence or the threat of

Question 21

basic elements of breaking and entering

Answer 21

breaking or opening something in order to enter without permission with the intent to commit an indictable offence

Question 22

Why do police issue an appearance notice?

Answer 22

Because its a form of apprehension of an offender

Question 23

What is the purpose of an arrest?

Answer 23

Deprive them of liberty by legal authority in order to place them in custody

Question 24

Reasonable grounds, found a person in the act of a criminal offence, found a person whom they believed is named on the arrest warrant.

Answer 24

is when the police can make an arrest without warrant

Question 25

Search must be connected to a lawful arrest, imminent injury or death to any person is found on the site, the destruction of evidence relating to an indictable offence

Answer 25

when the policeman search w/out a warrant

Question 26

4 types of pretrial releases

Answer 26

Promise to appear, recognize, surety, bail

Question 27

Duties of the court clerk, foreperson of the jury and judge

Answer 27

The court clerk assists the judge by keeping a record of the trial exhibits, foreperson speaks on behalf of the jury, and judge makes decision on the admissibility of evidence

Question 28

What is the purpose of a preliminary hearing?

Answer 28

to determine if there is sufficient evidence to support a case

Question 29

A separate hearing where they determine whether evidence is admissable

Answer 29

voirdire

Question 30

The formal investigation of a witness brought upon by the other party

Answer 30

cross examination

Question 31

Why is someone suffering from a mental disorder not responsible for their actions?

Answer 31

Because he or she is unable to form the mens Rea of the offence

Question 32

What is the objective of punishing an offender?

Answer 32

Rehabilitation or protecting society, restitution

Question 33

What does a judge take into account when sentencing?

Answer 33

If the offender can be rehabilitated, if they’re a threat to society, are they compelled to make a restitution

Question 34

What is the most leniant sentence?

Answer 34

Discharges

Question 35

Release of an inmate on the promise of good behaviour, into the community before the full sentence is served

Answer 35

parole

Question 36

Consecutive vs. concurrent sentencing

Answer 36

Consecutive is serving one sentence at a time, concurrent is served simultaneously

Question 37

What is a mandatory sentencing?

Answer 37

Predefined term for certain crimes

Question 38

Victim offender mediation, family group conferencing, victim offender panels, aboriginal sentencing circles

Answer 38

remedies for a civil case

Question 39

A court order directing that money or property of a third party be seized to satisfy a debt owed by a debtor to a plaintiff creditor

Answer 39

garnishment

Question 40

Rule of Law

Answer 40

The law applies equally to everyone and no one is above the law

Question 41

What defence is there for negligence?

Answer 41

contributory negligence

Question 42

What defence is there for libel?

Answer 42

Truth