final

Question 1

common law

Answer 1

an approach to law that is set in precedents, tradition, and consistency

Question 2

stare decisis

Answer 2

a legal principle whereby courts are bound by their prior decisions and decisions of higher courts

Question 3

substantive law

Answer 3

consists of the written rules that define crimes and punishments, and the rights and obligations of citizens

Question 4

procedural law

Answer 4

focuses on the rules that determine the enforcement of rights or due processc

Question 5

canadian charter of rights and freedoms

Answer 5

created in 1982, part of constitution that focuses on rights of individuals including those accused of committing crimes

Question 6

section 7 of the charter

Answer 6

individual rights (life, liberty, and security)

Question 7

section 8 of the charter

Answer 7

privacy (search and seizure)

Question 8

section 9 of the charter

Answer 8

arbitrarily detained

Question 9

section 10 of the charter

Answer 9

rights when detained

Question 10

section 11 of the charter

Answer 10

rights during proceedings

Question 11

section 12 of the charter

Answer 11

fair punishment

Question 12

section 13 of the charter

Answer 12

self incrimination

Question 13

section 14 of the charter

Answer 13

interpreter

Question 14

section 24 of the charter

Answer 14

seek remedies for violation of sections 7 through 15

Question 14

section 15 of the charter

Answer 14

equality

Question 15

fundamental justice

Answer 15

the principal that people who acted reasonably may not be punished unless there is proof they did something wrong

Question 16

habeas corpus

Answer 16

the right of a person being detained to the challenge the legality of their detention before a court

protects the individual from against unlawful inprisonment

Question 17

crime of omission

Answer 17

an act where the accused has failed to take some action, such as a school worker failing to report child abuse to child welfare authorities

Question 18

actus reas

Answer 18

a criminal act

Question 19

mens rea

Answer 19

the state of mind of the offender during a criminal act

Question 20

wilful blindness

Answer 20

occurs when an accused is aware that a crime was likely being committed but chose to ignore

Question 21

justification defenses

Answer 21

when the accused admits to the crime but the act was justified under the circumstances

Question 22

excuse defenses

Answer 22

argues that the crime can be excused because the accused could not form the intent to commit a crime

Question 23

duress defenses

Answer 23

claims the action was not voluntary but that they acted in response to being threatened by another person

Question 24

entrapment defense

Answer 24

claims they were entrapped (when police or government officials persuade or lure an individual into carrying out an offense that he or she would not otherwise have committed) can only be used after found guilty

Question 25

provocation defense

Answer 25

a defense based on an accused claiming that he or she was provoked into committing a crime, can only be used to argue that an act of murder be reduced to manslaughter

Question 26

automatism

Answer 26

an involuntary act where an individual is in a state of impaired consciousness and lacks the intent to commit a crime

Question 27

R v Lavallee

Answer 27

led to duress as a justification for women who have injured or killed their abusers

Question 28

4 levels of criminal courts

Answer 28

provincial and territorial courts, superior courts, courts of appeal, supreme court of canada

Question 29

surety

Answer 29

a responsible person that ensures the accused will appear in court

Question 30

going rate

Answer 30

the average punishment for a crime

Question 31

jury nullification

Answer 31

when a jury refuses to convict an individual who is obviously guilty because the jury believes the punishment is worse than the crime

Question 32

specialized courts

Answer 32

courts that specialize with distinctive groups of offenders such as people with mental illness and disabilities

Question 33

graduated sanctions

Answer 33

punishments that start with the least restrictive response and become more severe if the individual continues to offend

Question 34

total number of court systems

Answer 34

14 (13 provincial and territorial/1 federal)

Question 35

cases handles by supreme court each year

Answer 35

65-80

Question 36

the stinchcombe rule

Answer 36

he accused in criminal cases have a constitutional right to complete disclosure of the crowns case, crown must disclose all relevant information

Question 37

5 types of bargaining

Answer 37

charge, sentence, procedural, fact, label

Question 38

charge bargaining

Answer 38

plea guilty to a lesser offense

Question 39

sentence bargaining

Answer 39

plea guilty for a lesser sentence

Question 40

fact bargaining

Answer 40

an agreement over what version of facts will be presented in court

Question 41

corpus delicti

Answer 41

means “body of the crime”, the principle that for someone to be convicted of a crime there must be sufficient evidence that a crime actually occurred

Question 42

6 rationales of sentencing

Answer 42

Deterrence
Selective incapacitation
Rehabilitation
Justice model
Restoration
Healing

Question 43

justice model

Answer 43

System should be guided by justice and fairness, rights must be protected

Question 44

deterrence

Answer 44

emphasizes preventing crime

Question 45

selective incapacitation

Answer 45

Separate high risk from low risk offenders

Question 46

rehabilitation

Answer 46

focus is to “treat” the criminal, reintegrate

Question 47

4 levels of culpability

Answer 47

purposely, knowingly, recklessly, negligent

Question 48

r v askov

Answer 48

led to the decision that a criminal trial must take place within a reasonable amount of time

Question 49

Nuffield, Meredith, and Svoboda

Answer 49

found evidence for the burden of the accused, rather the burden of the court

Question 50

aggravating vs mitigating

Answer 50

aggravating is something that may increase a sentence, mitigating may decrease it

Question 51

peremptory challenges

Answer 51

results in the exclusion of a potential juror without need of reason or cause

Question 52

r v jordan dealt with:

Answer 52

court delays