Exam Review

Question 1

Explain the difference between Criminal & Civil Burden of Proof

Answer 1

Civil= based on the balance of probabilities

Criminal- Relies on beyond a Reasonable doubt

Question 2

Describe the difference between Statutory Law & Common Law

Answer 2

Statutory is written law

Common Law is judge made law + case precedent law

Question 3

Define Law

Answer 3

A written custom establishment by a formally recognized governing body with authority and there are sanctions against non-compliance

Question 4

Describe Summary Offence

Answer 4

Less serious

Max 6 months imprisonment and / or $5000 fine

Trial in Provincial Court

Question 5

Describe Indictable Offence

Answer 5

More serious

Max sentences are specified

Accused elects to be tried by Provincial Court Judge, QB Judge or QB Judge with Jury

Question 6

Describe Hybrid Offence

Answer 6

Most offences fall under this category

Crown elects how to proceed in particular case

Question 7

Where does your authority come from?

Answer 7

Peace Officer Act & Reg
Judicature Act
Criminal Code
Policy & Procedure
Gaming & Liquor Act
Trespass to Premise Act
Crown Property Reg
Common Law

Question 8

Describe what reasonable expectation of privacy is

Answer 8

Right to be free from examination by the state is subject to constitutionally permissible limitations

Question 9

Common Law powers to search:

Answer 9

Search incident to lawful arrest
Plain view
Consent search

Question 10

Identify statutory law powers to search

Answer 10

S. 51 judicature Act
Policy
Search Warrant

Question 11

Three Privacy interests

Answer 11

Personal Privacy
- bodily fluids/ DNA

Territorial Privacy
- home/ hotel room/ surrounding area

Information Privacy
- personal Info/ Bank/ House/ Medical/ Legal

Question 12

Define Warrant

Answer 12

Are legal documents that give us the legal authority to transport prisoners

Question 13

Define a Young Person

Answer 13

Person who appears to be 12 years old or older, but less than 18 years

Question 14

Principles of the YCJA

Answer 14

Rehabilitation

Accountability consistent to the youth with a reduced level of maturity

Enhanced procedural protection

Question 15

Why would a YP serve as an adult?

Answer 15

20+ Years when sentenced they WILL serve in an adult facility

Or when they reach 20 years old they SHALL be transferred to an adult prison if already serving

Question 16

What is meant by “Duty to Act”

Answer 16

It may be the duty arising by virtue of either statute or common law

Question 17

Explain the powers of arrest as they pertain to POPA

Answer 17

Determined by the RICES requirements however you must witness the person committing the Provincial or Municipal offence

Question 18

Define Evidence

Answer 18

Facts or physical signs that help to prove something

Question 19

Explain the 3 forms of evidence

Answer 19

Oral
Documentary
Physical

Question 20

Identify the two components of an admissible witness

Answer 20

Competence
(Who can testify)

Compellability
(Who can be forced to testify)

Question 21

4 evidentiary issues

Answer 21

Direct Evidence
Circumstantial Evidence
Admissions & Confessions
Hearsay Evidence

Question 22

5 Steps in Securing a Crime Scene

Answer 22

Close off Area
Identify potential witnesses
Contact appropriate supervisors & authority
Document everything relevant to the scene
Maintain integrity of the scene

Question 23

Describe the differences between Specific Intent & General Intent Offences

Answer 23

Specific intent offences with intent to or for the purpose of must intend the act and must commit the act for a specific purpose

General intent offences must only intend the act
(I meant to hurt not kill)

Question 24

Define included Offence

Answer 24

An offence in which all of the elements of that offence are contained in another offence that has been charged
(Assault a PO includes assault)

Question 25

Explain the difference between statutory defence and common Law defence

Answer 25

Statutory:
Mental disorder
Defence of property
Defence of person
Infancy

Common Law:
Intoxication
Duress 
Necessity
Due Diligence 

Stat is written & common law is case defence