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OPC > Fed Law Final Exam > Flashcards

Fed Law Final Exam Flashcards

1
Q

What is law?

A

series of rules that govern society

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2
Q

common law, is law that:

A

early and traditional law proven over years

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3
Q

common law:

A

allows you to search incident to arrest

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4
Q

a criminal information is:

A

a document sworn to that initiates the charge against the accused

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5
Q

does the word “shall” allow discretion?

A

no you must do it

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6
Q

How many parts of the CC are there?

A

28

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7
Q

A Peace Officer includes which of the following?
A) A firefighter
B) An auxiliary officer with the police service
C) A CAS worker
D) A Justice of the Peace

A

a Justice of the Peace

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8
Q

Finds committing:
A) seeing and following a person who has committed a criminal offence (and is caught in the act)
B) Freshly following a person who has trespassed
C) Seeing and following a person who on reasonable grounds you believe has
committed a criminal offence
D) All of the above

A

seeing and following a person who has committed a criminal offence (and is caught in the act)

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9
Q

553 offences of the criminal code do not include:
Choose one
A) Under offences
B) Fail to Comply offences
C) Morals Offences
D) Breach of the Peace

A

breach of the peace

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10
Q

True or false:
summons is issued to compel an accused to court

A

true

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11
Q

True or False
a subpoena is for a witness to attend a trial

A

true

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12
Q

True or False
A person can arrest another person on reasonable grounds if they commit an indictable offence.

A

false (needs finds committing)

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13
Q

If your neighbour requests that you take care of their property, you can arrest someone for a criminal offence committed on or in relation to that property if you find committing. Choose one
A) True
B) False

A

true

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14
Q

A property owner or person authorized can arrest for summary conviction offences on or in relation to anyone’s property if they find committing.
Choose one
A) True
B) False

A

true

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15
Q

A citizen must deliver an arrested person forthwith to a peace officer.
Choose one
A) True
B) False

A

true

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16
Q

A Police Officer may arrest a person if they have committed an indictable offence.
Choose one
A) True
B) False

A

true

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17
Q

A Police Officer may arrest a person if they find committing a Criminal Offence.
Choose one
A) True
B) False

A

true

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18
Q

A Peace Officer may arrest someone about to commit a summary conviction offence.
Choose one
A) True
B) False

A

false

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19
Q

A Police Officer shall arrest someone they believe on reasonable grounds has committed a cause disturbance in a public place.
true or false

A

false (finds committing)

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20
Q

Section 495(2) of the Criminal Code states you shall not arrest for which of the following offences if PRICE is satisfied?
A) Keeping a gaming or betting house
B) Trespass at Night
C) Take motor vehicle without consent
D) All of the above

A

all of the above

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21
Q

True or False
Articulable cause deals with reasonable cause, not reasonable grounds.

A

true

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22
Q

Investigative detention is thought of as:

A

Articulable cause to believe a person is involved in criminal activity

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23
Q

True or False

During a domestic dispute a spouse can be charged with threatening and assault if there are facts to support elements of the offence. Assault does not have an included offence of Threatening.

A

true

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24
Q

If “justified” when using force, you:

A

Are protected from criminal and civil liability

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25
Q

Section 34 of the Criminal Code talks about:

A

self defence

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26
Q

At what stage of the arrest process is an unconditional release an option?

A

Anytime before an information is sworn to

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27
Q

Once a person is brought into custody, which the following must be considered before release for 553 indictable, dual procedure, or summary conviction offences?
PRICE or PRICES

A

PRICES

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28
Q

True or False
For the purposes of the Criminal Code anything can be a weapon.

A

false (must be intended to be used as a weapon)

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29
Q

There is a test pertaining to expectation of privacy. This test has 7 parts. This is the:

A

Edwards test

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30
Q

When dealing with expectation of privacy the court can find that a citizen’s expectation of privacy can be diminished if they do not own the property being searched.
Choose one
A) True
B) False

A

true

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31
Q

One thing that is taken into consideration when dealing with expectation of search is whether the accused was present at the time of the search. Is whether the person had “historical use of the property” a consideration also if we use the 7-part test?

A

yes it is

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32
Q

What search authority allows you to search a person at the time of arrest for items pertaining to escape, weapons, and evidence?

A

common law

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33
Q

A search is reasonable only if there is a warrant to authorize the search. This is the only time you can search.
Choose one
A) True B) False

A

FALSE

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34
Q

What does R v Collins tell us about search?

A

Authorized by Law, law must be reasonable, and the manner its carried out was reasonable

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35
Q

True or False
For the charge of Sexual Interference S. 151 CC it must be done with a sexual purpose.

A

true

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36
Q

Joint Possession is a term used when more than one person is in possession of a single piece of property or object. There are three other concerns needed to prove possession, which are:

A

knowledge, consent, and control

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37
Q

True or False
A person can be charged with Break and Enter even if they don’t break something to enter. Further, if they collude to have someone let them into the premise, they have committed Break and Enter.

A

true

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38
Q

Which one of these offences does not have to be committed for a sexual purpose?
1. sexual exploitation
2. indecent act
3. sexual interference
4. indecent exposure to a person under 16yrs

A

indecent act

39
Q

True or False
Indecent exposure to a person under 16-years of age must occur in a public place for there to be an offence

A

false, can occur in a public place, or in any place

40
Q

Consent is a defence to sexual activity with a 14 or 15-year old under what conditions?

A

There is consent, there is less than 5-years age difference and accused not in a position of trust or authority, not a relationship of dependency and not exploitative

41
Q

Consent is a defence to sexual activity with a 12 or 13-year old under what conditions?

A

There is consent, there is less than 2-years age difference and accused not in a position of trust or authority, not in a relationship of dependency and not exploitative

42
Q

What is the definition of a young person for the offence of sexual exploitation s. 153 CC?

A

16yrs to under 18yrs

43
Q

True or false
An eleven-year-old and a thirteen-year-old are ‘caught’ engaging in sexual activity. This is not an offence as there is less than two years age difference between them.

A

false, 11yr old cannot consent
12+ can but only under certain circumstances

44
Q

True or False
The initial response a victim receives has serious implications on the victim’s long-term outcome and the investigation

A

true

45
Q

True or False
It is important when interviewing a victim of a sexual assault to not press for sequential memory accounts or details that the person cannot provide

A

true

46
Q

What are the 4 elements of criminal harassment?

A
  1. repeatedly follow
  2. repeatedly communicate with
  3. besetting or watching
  4. engaging in threatening conduct
47
Q

What are the 3 elements of a firearm?

A
  1. barrelled weapon
  2. shot, bullet, or projectile can be discharged
  3. capable of causing serious bodily harm or death
48
Q

how must you transport a non restricted firearm?

A
  1. unloaded
  2. lock on it
  3. in a locked, secure container
49
Q

What are you allowed to search for incident to arrest?

A

weapons, means of escape, evidence

50
Q

When seizing a cell phone, the owner gives up their expectation of privacy when they don’t have….?

A

a passcode

51
Q

When searching a residence incident to arrest, you may also search the surrounding area of the arrest to what? (within the persons physical control)

A

-guarantee safety
-prevent escape
-provide evidence

52
Q

for searching a motor vehicle incident to arrest, you must establish/articulate what?

A

connection between the reason for the arrest and the search of the MV

53
Q

What is plain view doctrine?

A

power to seize but not search (limited to visible items)

54
Q

What are your exigent circumstances to enter a dwelling house?

A

-RG to suspect imminent bodily harm/death
-RG to believe imminent loss or destruction of evidence

55
Q

What are your exigent circumstances to enter a dwelling house w/o warrant? (to arrest or apprehend)

A

-RG
-person present in dwelling
-not practical to wait for warrant

56
Q

What is a Feeney warrant?

A

authorizes the entering of a dwelling to make an arrest

57
Q

In terms of a dwelling, when a person opens the door can you arrest them? Why or why not?

A

no you can’t b/c they are still within the confines of their dwelling

58
Q

When does implied licence end?

A

@ the door of the dwelling on the property

59
Q

What are the 3 elements that prove a sexual assault occurred?

A
  1. voluntary touching (objective)
  2. sexual nature of touching (objective)
  3. absent consent (subjective)
60
Q

Level 1 sexual assault

A

-grabbing
-groping
-touching
-penetration

61
Q

Level 2 sexual assault

A

-carries, uses or threatens to use a weapon or imitation
-bodily harm
-threatens bodily harm to 3rd party
-chokes, suffocates, or strangles
-party to the offence

62
Q

Level 3, aggravated sexual assault

A

-wounds, maims, disfigures, endangers life

63
Q

no consent is obtained when?

A

-application of force
-threats or causing fear
-fraud
-exercise of authority

64
Q

Sexual interference?

A

-sexual purpose
-touches directly/indirectly
-with a part of the body or an object, any part of the body of a person under 16yrs

65
Q

invitation to sexual touching

A

-sexual purpose
-invites, counsels, or incites person under 16yrs to touch directly/indirectly with a part of the body or an object the body of any person

66
Q

What offence can 12-13yrs not be tried for?

A

sexual interference, or invitation to sexual touching

67
Q

What is the exemption for a 12-13yr old to be tried for sexual interference, or invitation to sexual touching?

A

position of trust, dependancy, exploitative

68
Q

What is sexual exploitation?

A

every person who for a sexual purpose touches or invites a person 16yrs-under 18yrs to touch directly/indirectly with a part of the body or an object any part of the body and offender must be in one of the defined relationships

69
Q

In terms of consent, if the complainant is under 16yrs there is no defence for?

A

that the complainant consented

70
Q

consent is a defence for sexual activity with a 14 or 15yr old when?

A

-consent
-less than 5 year age gap
-not in a position of authority, dependancy, or exploitative

71
Q

consent is a defence for a sexual activity with a 12 or 13yr old when?

A

-less than 2 year age gap
-no in a position of authority, dependency, exploitative
-consent

72
Q

What is an indecent act?

A

-wilfully commits in a public place or any place with 1 or more people and the intent to insult or offend

73
Q

What is indecent exposure?

A

everyone who for a sexual purpose exposes his/her genitals to a person under 16yrs

74
Q

What is the definition of luring?

A

by means of telecommunication, communicates with a person they know/believe to be under 18, 16, or 14yrs

75
Q

To have a defence against presumption regarding age, what does the accused have had to do?

A

accused needs to take all reasonable steps to ascertain the age of the person

76
Q

Everyone commits theft who?

A

-fraudulently and w/o colour of right takes/converts to his use or use of another person, anything animate or inanimate with intent to deprive the owner of it

77
Q

what is colour of right?

A

honest belief in a set of facts or circumstances that if they actually exist, constitute legal justification or excuse

78
Q

Taking a motor vehicle (or vessel) w/o consent?

A

-w/o consent of owner
-intent to drive/use/navigate/operate or is an occupant and knows it was taken w/o consent

79
Q

Exception to a person taking motor vehicle/vessel w/o consent

A

occupant didn’t know it was taken w/o consent, and attempts to leave or does leave when they do become aware

80
Q

What is fraud?

A

defrauding the public or any person of any property, money, or valuable security or any service

81
Q

Explain in plain terms what a robbery is?

____ +______= _______

A

theft+violence=robbery

82
Q

Define break and enter

A

breaks and enters a place and commits or has intent to commit an indictable offence or breaks out of a place after

83
Q

definition of place?

A

dwelling house, building, or structure, railway vehicle, vessel, aircraft, trailer, pen, or enclosure for animals

84
Q

define unlawfully in a dwelling house

A

every person who w/o lawful excuse enters or is in a dwelling house with intent to commit an indictable offence

85
Q

reasonable inference

A

reasonable person would draw an inference what the instrument is to be used for

86
Q

What 3 things can’t someone break into b/c they aren’t defined as places

A

car, vault, safe

87
Q

What are the 3 key elements of possession?

A

knowledge, consent, control

88
Q

What are the 3 types of possession?

A

actual, joint, constructive

89
Q

What are the 4 elements of break and enter

A

Intent
Enter
Place
Break

90
Q

actual possession

A

person has the subject matter in their personal possession

91
Q

joint possession

A

-actual possession is in one person and attributed to another person
-In joint possession cases, the accused must have knowledge and some measure of control over the item.
-In order to constitute joint possession, there must be knowledge, consent, and a measure of control on the part of the person deemed to be in possession.

92
Q

constructive possession

A
  • 2 or more persons
    -Constructive possession is established when an accused doesn’t have physical custody of the thing but has it in any place for their own or another’s use or benefit
    -must show accused has knowledge, consent, control
93
Q

In plain terms. explain what obstructing a police officer is?

A

-resist or willfully obstructs
-omits w/o reason to assist PO
-resists or wilfully obstructs any person in lawful execution of a process

94
Q

What is personation?

A

someone who falsely represents themselves to be a PO or uses a badge/uniform/equipment that will likely cause people to believe they’re a PO

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