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Criminal Code > exam part 1 > Flashcards

exam part 1 Flashcards

1
Q

Who is the person bringing the lawsuit called, the person in a civil trial claiming to be injured?

A

Plaintiff

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2
Q

what happens if the plaintiff is successful

A

defendant found liable and ordered to pay compensation or damages

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3
Q

what happens if the plaintiff is unsuccessful

A

Plaintiff was ordered to pay the defendants costs responding lawsuit

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4
Q

what is a person who has been charged with committing an offence, in a civil case the person being sued is also referred to accused person

A

Defendant

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5
Q

this is a common law or statute law, the body of laws developed by judges following the rule of precedent, an agreement by two or more persons to do an unlawful act

A

Common law

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6
Q

this is a common law or statute law, which refers to laws written by legislative bodies such as parliament, The Quebec civil law system is primarily based on this law. This law is made by our provincial and federal legislatures

A

statute law

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7
Q

what law governs the relationship between individuals and government functions, includes Criminal law, Administrative law, constitutional law

A

public law

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8
Q

what law governs the relationship between two or more individuals includes contract law. referred to as civil law. includes contract law, property law, and tort law

A

private law

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9
Q

what is the law regarding civil wrongs, is a wrong which gives a person the right to sue for compensation

A

tort law

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10
Q

under section 233 what is ___ is both a standalone indictable offence and a partial defence to a charge of murder

A

infanticide

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11
Q

what is the burden of proof in civil cases, in which the burden is met if it can be said that it is more likely than not that the defendant has committed the wrong, 50% chance of the proposition being true?

A

balance of probabilities

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12
Q

what is under section 33 of the charter, which allows the federal or a provincial government to enact a law that violates a certain section of the charter in certain circumstances for five year terms

A

Notwithstanding

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13
Q

what is trying to commit but not completing an offence, an offence under section 24 requiring intent to commit the offence, some act or omission toward completing the crime, and non-completion

A

Attempt offence

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14
Q

what is helping or encouraging a person to commit an offence

A

aiding or abetting

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15
Q

What actus reus of __ is doing or omitting to do something to assist or help

A

aiding

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16
Q

What actus reus of __ is encouraging, instigating, promoting, or procuring the crime to be committed

A

abetting

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17
Q

what is instigating, persuading or advising another person to be a party to an offence and that other person is afterwards a party to the offence, for example, an accused was counselled by someone to murder by stabbing a victim.

A

Counselling or procuring

18
Q

what is the Latin for “to stand by what is decided” meaning that judges have to follow precedent, referring to decisions made in previous cases involving similar facts

A

stare decisis

19
Q

who has the primary jurisdiction over criminal law in Canada?

A

the Federal government/parliament

20
Q

what are less serious offences that is wholly contained within the offence charged example: manslaughter is __and __ offence to murder, and theft is __ and __ offence to robbery. DOES NOT COUNT for an assault that wounds, mains, or disfigures such as assault

A

lesser and included offence

21
Q

This means rea has two elements to aid or abet

A
  • intent
  • knowledge
22
Q

everyone who __ facilitates a terrorist activity is guilty of an indictable offence and liable to imprisonment for a term not exceeding fourteen years

A

knowingly

23
Q

what is a type of mens rea where the accused is aware of the need to make an inquiry but chooses not to example: remain ignorant. this can substitute for knowledge where knowledge is required

A

wilful blindness

24
Q

what is a type of subjective mens rea, where a person does not intend a certain consequence but knows that the consequence is possible and chooses to run the risk that the consequence will not occur?

A

recklessness

25
Q

what is intent to commit an offence, does or omits to do anything for the purpose of carrying out his intention is guilty of an attempt to commit the offence

A

Attempting

26
Q

what are the two limits on our charter rights and freedoms?

A
  • infringement
  • Notwithstanding (section 33 of Charter)
27
Q

which charter rights and freedoms limit is reasonable and justified, the government needs to prove that there is a pressing and substantial objective for the law and achieve objectives are proportional

A

infringement

28
Q

which charter rights and freedoms limit allow Parliament or the legislature to expressly declare that an act or provision shall operate __ in section 33

A

notwithstanding

29
Q

which case since had no authority in the statutes or common law the sniffer-dog in this case, violated section 8 of the charter

A

R. v A.M 2008 SCC 19

30
Q

which case had the accused charged with voyeurism under section 162(1)(c), english teacher used a camera concealed inside a pen

A

R. v. Jarvis (2019 SCC 10)

31
Q

which case had five young racialized, but exclusion of evidence under section 24 (2) of the charter. had charter-infringing police misconduct from breaking sections 8 and 9 of the charter

A

R. v. LE (2019 SCC 34)

32
Q

what is the physical element, act or omission?

A

Act reus

33
Q

what intent offence requires the intent to achieve the immediate result

A

General intent offences

34
Q

what intent offence is an offence that requires an additional intent beyond the intent to achieve the immediate result

A

specific intent offence

35
Q

what happens if someone who is practising their baseball swing accidentally strikes someone else with the at

A

voluntary act

36
Q

what is to an offence is one who, knowing hat a person has been a party to the offence, receives, comforts, or assists the person for the purpose of enabling that person to escape

A

accessory after the fact

37
Q

__ is a legally pluralist or multi-juridical country

A

Canada

38
Q

Actus Reus four Cs

A
  • conduct
  • Circumstance
  • Consequences
  • Causation
39
Q

which Actus Cs is this: an act, omission, state of being

A

Conduct

40
Q

What is the blameworthy element of a criminal offence, Guilty Mind

A

Mens Rea

Criminal Code (5 decks)

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