Final Flashcards
What type of law has the main purpose of protecting society?
Public Law
In private law, what is the person called who initiates the lawsuit?
Plaintiff
What is the name of the document that outlines criminal law for youth?
Youth Criminal Justice Act
What are the laws called which Parliament passes?
Statue Laws
What is stated in the Universal Declaration of Human Rights?
All humans are born free and equal in dignity and rights
What responsibilities does Section 92 of the Constitution Act, 1867, outline?
The responsibilities of the Provincial Government and its powers
What responsibilities does Section 91 of the Constitution Act, 1867, outline?
The responsibilities of the Federal Government and its powers
What are the three branches of the Canadian Government?
Judicial, executive, legislative
What are the laws called with the Municipal government?
Bylaws
When is a restriction on individual rights under the Charter allowed
Imprisonment, detainment, or if it benefits society
Gow many years can legislation using the Notwithstanding Clause stay in place?
It must be reviewed every 5 years
What is the first question asked when analyzing a potential Charter case?
Does the Charter apply?
Which section of the Charter outlines protection from discrimination?
Equality Rights
What is it called when the court orders a term to be added to a law that violates a charter right?
Read in
What can a person seek if they believe their charter rights have been violated?
A remedy
What is it called when a judge puts their personal views into their judgment?
Judicial Activism
What has been recently added to the categories of discrimination in the Charter?
citizenship, marital status, sexual orientation
What is the maximum penalty for an indictable offense
Life imprisonment
What type of offence can the Crown prosecutor decide how to proceed?
Hybrid offences
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What is the term used to refer to the accused’s state of mind?
Mens rea
What is attempt
an effort or a try with intent to commit an offense
What must be proven before the accessed can be convicted of aiding?
They know what happened
Define organized crime
a group of 3 or more individuals who share a common identity
Which level of government can make criminal laws?
Federal government
What court hears legal disputes involving the federal government?
Federal Courts
What court hears appeals from provincial appeal court
Provincial superior court
What must occur during a lawful arrest?
- The police officer must identify themselves
- Tell the accused that they’re under arrest
- Tell them that they have a right to a lawyer, right to remain silent
- Physically touch the accused to signal arrest
What is a summons?
An order to appear in criminal court. A summons must be based on reasonable grounds.
What are the rules governing extensive body searches?
The officer must be the same sex as the accused
What rights does a person have when they are charged with a crime?
RIght to remain silent, right to consult,
What documents outlines the legal rights of citizens who are arrested or detained?
Section 7-11 of the Charter of Rights
For an officer to get a search warrant, what must they outline to the court?
Must swear before a justice of peace/judge that an offence has been committed & have reasonable grounds.
What must a search warrant contain?
The order must authorize an officer to enter a specific place to obtain specific evidence
If an accused person needs to meet with a lawyer immediately, what will happen?
The request is honoured then duty counsel will assist the accused
What legal service is paid by taxpayers?
Legal aid (available to those who are unable to afford a lawyer)
What can the defence do during a preliminary hearing?
Cross-examine the crown witnesses
What are the requirements to serve as a juror?
Canadian citizen; 18 years old; live in the province for at least 1 year, speak english or french, be mentally fit
Who is allowed to accept or reject jurors?
Crown attorney & Defence consel
What types of challenges can eliminate potential jurors?
Not being canadian; occupation, mental/physical disability, not knowing english or french
What charge can be laid against a person who knowingly lies in court?
Charged of perjury
What is the purpose of a voir dire?
A mini-trial held within an actual trial to decide if evidence is admissible
What statement clears a defendant of guilt?
Exculpatory (opposite of inculpatory: demonstrates guilt)
What is another name for a closing statement?
Summation
What is the term for when someone is blamed for killing someone else?
Culpable homicide
What are the different classes of murder in our criminal code?
First & Second degree murder
How many levels of assault are there?
three
When can consent be used as a defence to sexual assault of someone under 16 years old?
If the person is less than 2 years older
What is the maximum prison sentence for abducting a child?
10 years
What are examples of property crime?
Fraud, arson, possession of stolen goods, break & enter, various types of theft
define arson
intentionally or recklessly causing damage to property by fire or explosion
What is identity theft?
Using someone’s personal information without their consent to commit crimes like fraud theft
What requirements are placed upon firearm owners and users
they must have a valid firearms license “possession & acquitision license
What is contained in the anti-terrorism act
outlines terrorist offences, gives new powers for the police to arrest a suspected terrorist without a charge. Those with information must appear in court
What does a strong alibi include?
- Statement indicating the accused’s location at the time of the crime
- Explanation of the accused’s whereabouts
- Name of any witnesses
What is automatism
A state of impaired consciousness during which an individual has no control over their actions
What is necessity
A defence used as an excuse for a criminal act as it was committed due to immediate circumstances
What is mistake of fact
A defence whereby a person didn’t have the necessary mens rea to commit a crime
What is double jeopardy
To be tried twice for the same offence
What is provocation?
Committing a crime in the heat of passion
What is not a valid legal defence
Ignorance of the law
What defence should be presented as soon as possible to the authorities
alibis
What does the judge consider before imposing a sentence
the presentence report
How is it determined if someone is a long-term offender
repeatedly behave in ways that could harm others and they’re likely to reoffend
What year was capital punishment abolished in canada?
1976
What is a conditional discharge?
A release with terms that if completed will result in no criminal record
What are mitigating circumstances
factors that demonstrate that the punishment should be less severe
What is a conditional discharge?
A release with terms that if completed will result in no criminal record
What happens if a conditional sentence is imposed
Offenders serve time in community. The sentence must be less than two years and the crime must not have a minimum sentence
Under the criminal code, what is the maximum fine for summary offences
2000
Under the criminal code, What is the maximum fine for an indictable offence
there is no limit
What is a consecutive sentence
2 or more sentences served one after the other
What happens in a releasing circle
A meeting to help offenders return to the community
Under what circumstances can the defence appeal a conviction?
If there is a legal mistake
What is open custody
Supervised detention with supervised visits to the community
Define statutory release
Release from an institution as required by law
What would happen to an adult who fails to supervise a youth charged with an offence
contempt of court
What court hears the cases of 12 to 15-year-olds
Youth court/Provincial court
What is the maximum sentence a young person can receive in youth court
10 years in prison
What are the main principles in sentencing under the YCJA
- Hold offenders accountable
- Considers victims needs
- Impose appropriate sentences
What will a youth’s pre-sentence report contain
Interviews, School records, intent
What are examples of open custody facilities for youth offenders
foster/group homes, childcare facilities, residential wilderness camps
What are common sentences in youth court
absolute discharge, conditional discharge
What is the main purpose of civil law
to regulate disputes between individuals and disputes between individuals and organizations
What is the highest dollar limit in small claims court
10 000
What is the person called who is being sued in a civil action
litigant
What is the maximum amount a minor can sue someone for
500
What types of claims are pursued in small claims court?
civil claims under 10 000
In civil court, how is a case proven
balance of probability
Define punitive damages
Compensation to punish the offender
What are nominal damages
moral victory for the plaintiff who didn’t actually suffer damages
Who pays for mediation costs
Shared equally between parties
What occurs during arbitration
a neutral third party hears from both parties and helps make a decision
Is the number of married couples increasing or decreasing in Canada recently?
Decreasing
What is monogamy
the state of being married to only one person at a time
Define separation
A partial dissolution of a marriage in which spouses live apart with the intention to divorce
Define adultery
voluntary sexual intercourse with a married person who isn’t the spouses
What is contained in a child access order
Which parent has visitation rights and what they can do
What is an annulment
a court order to set aside a marriage
What process is used to reconcile a marriage breakdown
family mediation
What do family mediators do?
Resolve issues that cause conflicts between spouses
