(Final Exam) - Multiple Choice

Question 1

What is restitution?

Answer 1

A punishment that requires payment made by the offender to pay the victim back for the harm or loss suffered

Question 2

What are the principles of rule of law?

Answer 2

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

Question 3

Describe the features of common law?

Answer 3

The system of judicial precedents, other characteristics of common law are trial by jury, use case law to determine cases, common to all people

Question 4

What is habeas corpus?

Answer 4

When someone is detained, they are prosecuted in a short matter of time to prevent unlawful arrest

Question 5

What is Canada’s highest supreme court?

Answer 5

Supreme Court of Canada

Question 6

What are reasonable limits to the charter of rights and freedoms?

Answer 6

Infringes on others right and freedoms

Question 7

Freedom of expression - What are some limitations?

Answer 7

freedom of expression may be limited by laws against hate propaganda or child pornography because they prevent harm to individuals and groups

Question 8

Freedom of religion - What are some limitations?

Answer 8

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

Question 9

Freedom of assembly - What are some limitations?

Answer 9

found in various riot acts, unlawful assembly laws, and ordinances prohibiting the blocking of sidewalks

Question 10

Mobility rights - What is allowed?

Answer 10

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.

Question 11

Legal rights - What are your rights?

Answer 11

Freedom of religion, freedom of speech, the right to assemble and the right to assemble

Question 12

What are two elements that must be present for an act to be considered a crime?

Answer 12

Men’s rea and actus reus

Question 13

What do you call the person who commits a crime?

Answer 13

The perpetrator

Question 14

Aiding, Abetting and counseling

Answer 14

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

Question 15

What is automatism?

Answer 15

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

Question 16

When can insanity be used as a defense?

Answer 16

When one is physiologically ill

Question 17

What circumstances = first degree murder

Answer 17

Murder of a peace officer or a murder that was planned before hand and either carried through or attempted to be carried through

Question 18

What are basic elements of robbery?

Answer 18

theft with the threat of violence or actual violence

Question 19

What are basic elements of breaking in and entering?

Answer 19

Break in to a premises, and the intent to commit an indictable offence

Question 20

Why does a judge issue a summons?

Answer 20

for a person to get called to court to answer charges being laid against them (Given after one has been charged with an offence)

Question 21

Why do police issue an appearance notice?

Answer 21

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)

Question 22

When can police make an arrest without a warrant?

Answer 22

If they catch you committing a crime or they suspect your about to commit a crime

Question 23

When can police search without a warrant?

Answer 23

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

Question 24

What are duties of court clerk, foreperson of the jury and the judge?

Answer 24

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

Question 25

What is the purpose of a preliminary hearing?

Answer 25

judge to decide whether there is enough evidence against the person that a reasonable jury could potentially charge

Question 26

What is voir dire?

Answer 26

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

Question 27

What is cross-examination?

Answer 27

is the interrogation of a witness called by one’s opponent

Question 28

Why is someone suffering from a mental disorder not criminally responsible for their actions?

Answer 28

Are not in the state of mind to decide right from wrong

Question 29

What is the objective of punishing an offender?

Answer 29

Deter the offender or others from committing future crimes, or to remove an offender from society to prevent future crimes

Question 30

What does a judge take into account when considering sentencing?

Answer 30

takes documents, family letters, previous criminal records and

Question 31

What is the most lenient sentence?

Answer 31

-

Question 32

What is parole?

Answer 32

Inmates conditional release into the community until their full sentence is served

Question 33

Whats the difference between consecutive vs. concurrent sentencing?

Answer 33

A concurrent sentence means multiple sentences will be served at the same time, consecutive sentences are served one after the other

Question 34

What is mandatory supervision?

Answer 34

Mandatory supervision is defined as a court ordered period of time in the community under the supervision of the county probation department

Question 35

Describe a minimum security institution?

Answer 35

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

Question 36

What remedies are available in a civil suit?

Answer 36

Monetary, De clarity and an injunction

Question 37

Describe garnishment

Answer 37

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

Question 38

What defense is there for negligence?

Answer 38

Contributory negligence, voluntary assumption of risk and inevitable accident

Question 39

What defense is there for libel?

Answer 39

Truth or justification, Absolute privilege, Qualified privilege, Fair comment, Responsible communication on matters of public interest, Innocent dissemination

Question 40

What is medical battery?

Answer 40

When a doctor performs a non emergency medical surgery without consent

Question 41

What is trespass to chattels?

Answer 41

a tort whereby the infringing party has intentionally interfered with another person’s lawful possession of a chattel