(Final Exam) - Multiple Choice Flashcards
What is restitution?
A punishment that requires payment made by the offender to pay the victim back for the harm or loss suffered
What are the principles of rule of law?
The government as well as private actors are accountable under the law. The law is clear, publicized, and stable and is applied evenly. It ensures human rights as well as contract and property rights
Describe the features of common law?
The system of judicial precedents, other characteristics of common law are trial by jury, use case law to determine cases, common to all people
What is habeas corpus?
When someone is detained, they are prosecuted in a short matter of time to prevent unlawful arrest
What is Canada’s highest supreme court?
Supreme Court of Canada
What are reasonable limits to the charter of rights and freedoms?
Infringes on others right and freedoms
Freedom of expression - What are some limitations?
freedom of expression may be limited by laws against hate propaganda or child pornography because they prevent harm to individuals and groups
Freedom of religion - What are some limitations?
Religious belief cannot be used as a reason to violate legislative restrictions which provide for public safety, morals, peace or order. Religious belief cannot be used to avoid those duties that a citizen owes to his nation
Freedom of assembly - What are some limitations?
found in various riot acts, unlawful assembly laws, and ordinances prohibiting the blocking of sidewalks
Mobility rights - What is allowed?
mobility rights allow individuals to move from place to place, largely free from government intervention. … The Mobility Rights section of the Charter is subdivided into: (1) the mobility right of citizens and (2) the right to move and to gain a livelihood for citizens and permanent residents.
Legal rights - What are your rights?
Freedom of religion, freedom of speech, the right to assemble and the right to assemble
What are two elements that must be present for an act to be considered a crime?
Men’s rea and actus reus
What do you call the person who commits a crime?
The perpetrator
Aiding, Abetting and counseling
Aiding- a criminal offence that involves helping a perpetrator commit a crime
Abetting- the crime of encouraging the perpetrator to commit a crime
Counselling- crime that involves advising, recommending or persuading another person to commit a criminal offence
What is automatism?
A condition in which a person acts without being aware of what their doing, the actions of the accused were not guided by a conscious state of mind
When can insanity be used as a defense?
When one is physiologically ill
What circumstances = first degree murder
Murder of a peace officer or a murder that was planned before hand and either carried through or attempted to be carried through
What are basic elements of robbery?
theft with the threat of violence or actual violence
What are basic elements of breaking in and entering?
Break in to a premises, and the intent to commit an indictable offence
Why does a judge issue a summons?
for a person to get called to court to answer charges being laid against them (Given after one has been charged with an offence)
Why do police issue an appearance notice?
requires you to appear in court at a certain time and place to answer to the charge your being accused of (Given to one before before charged with an offence)
When can police make an arrest without a warrant?
If they catch you committing a crime or they suspect your about to commit a crime
When can police search without a warrant?
If they catch you on the premises of a property that has a warrant, if they have reasonable suspicion your in possession of an illegal narcotic or if your personally engaged in criminal activity
What are duties of court clerk, foreperson of the jury and the judge?
Court clerk swears the oaths and is the assistant to peace officer, the foreperson asks questions on behalf of the jury and announces their verdict and the judge upholds the law, analyzes all evidence and makes a fair verdict and sentence when charging the accused
What is the purpose of a preliminary hearing?
judge to decide whether there is enough evidence against the person that a reasonable jury could potentially charge
What is voir dire?
separate hearing in which the trier of law determines whether evidence is admissible and can potentially be entered into evidence in the trial, A voir dire can also be convened to determine the competence of a witness or to determine whether an expert witness is qualified to give evidence
What is cross-examination?
is the interrogation of a witness called by one’s opponent
Why is someone suffering from a mental disorder not criminally responsible for their actions?
Are not in the state of mind to decide right from wrong
What is the objective of punishing an offender?
Deter the offender or others from committing future crimes, or to remove an offender from society to prevent future crimes
What does a judge take into account when considering sentencing?
takes documents, family letters, previous criminal records and
What is the most lenient sentence?
-
What is parole?
Inmates conditional release into the community until their full sentence is served
Whats the difference between consecutive vs. concurrent sentencing?
A concurrent sentence means multiple sentences will be served at the same time, consecutive sentences are served one after the other
What is mandatory supervision?
Mandatory supervision is defined as a court ordered period of time in the community under the supervision of the county probation department
Describe a minimum security institution?
No have fences or other secured perimeter structures, offenders live in rooms or dorms rather than cells. Housing complexes in a minimum security prison consist of individual rooms, washrooms, a living room, a dining room and a kitchen, more educational and employment opportunities
What remedies are available in a civil suit?
Monetary, De clarity and an injunction
Describe garnishment
a court order directing that money or property of a third party be seized to satisfy a debt owed by a debtor to a plaintiff creditor
What defense is there for negligence?
Contributory negligence, voluntary assumption of risk and inevitable accident
What defense is there for libel?
Truth or justification, Absolute privilege, Qualified privilege, Fair comment, Responsible communication on matters of public interest, Innocent dissemination
What is medical battery?
When a doctor performs a non emergency medical surgery without consent
What is trespass to chattels?
a tort whereby the infringing party has intentionally interfered with another person’s lawful possession of a chattel
