Final review COPY Flashcards
1
Q
Disclosure
A
Prior to trial the crown and defence attorneys will meet and disclose (reveal) all evidence.
2
Q
Preliminary Hearings
A
The provincial court judge decides wether there is enough evidence to proceed with a trial, if charges are appropriate, etc
3
Q
Plea bargaining (plea negotiation)
A
Before a trial attorneys may trade a lesser charge/ sentence for a guilty plea, thus avoiding a trial.
4
Q
Alibi
A
A defense that places the accused somewhere else at the time of the crime
5
Q
4 types of assault
A
-Verbal
-Common
-Assault causing bodily harm
-Aggravated assault
6
Q
Verbal assault
A
A threat said that could be an assault. (Ex: I am going to beat you, while shaking my fist.)
7
Q
Common assault
A
Physical contact if a minor nature (Ex: black eye or bloody nose.)
8
Q
Assault causing bodily harm
A
Physical contact where the victims health is affected more then momentarily. (Ex: Stitches causing a scar, 10 years.)
9
Q
Aggravated Assault
A
Most serious, wounds on victim disfigures or endangers their life, 14 years
10
Q
Culpable
A
Deserving blame (1st degree, 2nd degree, manslaughter)
11
Q
Non-culpable
A
Not deserving blame (accident and self defence)
12
Q
3 types of criminal offences
A
-Summary
-Indicitable
-Dual
13
Q
Summary offences
A
-provincial court
-6 months jail $2000 fine
-Ex: trespassing
14
Q
Indictable
A
-more serious crimes
-max life in prison
-ex: murder
15
Q
Dual offence
A
- can be summary or indictable
- crown prosecutor decides summary or indictable
-ex: assault casing bodily harm
16
Q
Types of culpable homicide
A
Manslaughter
1st degree
2nd degree
17
Q
1st degree murder
A
-planned/ intentional murder
-can occur during another crime
-max penalty life sentence(25 years for parole)
18
Q
2nd degree murder
A
-Murder not planned but intentional
-max sentence life in prison (serve 10 years for parole)
19
Q
Manslaughter
A
-Death done in the heat of the moment of extreme rage
-can be done directly or indirectly
-unlawful act
-max sentence 10 years
-ex: driver is speeding an kills a pedestrian
20
Q
Capital punishment
A
-not in Canada
-last time 1962
-710 people hanged since 1859
-abbolished in 1976 replaced with life sentence
21
Q
Men’s rea
A
“Guilty mind” mental planning of a crime
22
Q
Actus Rea
A
“Guilty Act” committing of a crime
23
Q
Types of intent
A
-General
-Specific
24
Q
General intent
A
Perform an act with no other criminal purpose (Ex: trespassing- only prove they were on someone else’s property.)
25
Specific intent
-further criminal purpose in mind
-(ex: breaking and entering- committed with intent of another action, robbery.)
26
Concurrent sentence
Serving multiple sentences at the same time (3 life sentences)
27
Consecutive sentence
Serving multiple sentences one after another.
28
4 factors in criminal acts
-Poverty
-Addictions
-Age
-Gender
29
Homicide chart
30
Warrant
Written court order directing the arrest of a person
31
Show cause hearing/Bail
Accused until proven guilty can be released if they provide a plan and a reason why.
32
Gang
A group of people who get together on a regular basis to commit criminal activity
33
Who and why join a gang
-people with poor home life
-abusive home
-lack of love and security
-unstable home
-becomes their new family
34
Age to join a gang
13
Sometimes under due to YCJA
35
Recruiting areas
-school
-jail/ youth detention centres
-a lot of people in an enclosed space
36
How to get into a gang
-blessed in/ born in
-beat in (6 or more beat you for several minutes and if you survive your in.)
-criminal behaviour (prove your ability to commit crimes.)
37
How to show your in a gang (7pts)
-colours
-tattoos
-hand signals
-certain name brands
-baggy clothing/hats
-behaviour
-graffiti (drugs are available)
38
YCJA name and age
Youth Criminal Justice Act (12-17)
39
Young offender
Anyone between 12-17 who commits a crime under the YCJA
40
Reasons youth should be treated differently
-lack judgement and maturity
-likely to engage in high-risk activities (alcohol, drugs, thrill of committing crimes)
-challenge and test limits of authority
-don’t consider long term consequences of their action
41
Objective of YCJA
-Accountability
-prevention
-overuse of courts and custody
42
Transfer to adult court
14-17 who commit a serious violent crime or repeat offenders can be transferred to adult court. Crown makes application for transfer, and transfer hearing is held where judge decides transfer or not.
43
Offenders under 12
-doesn’t fall under YCJA
-social services step in
-remove child from home
-parents take parenting classes
-etc
-parents may be sued in civil court but can’t be charged criminally
44
Alternative measures program (extrajudicial sanctions)
Way to avoid trial, must follow these rules:
1.)first time offence
2.)non-violent crime
3.)youth must take responsibility or admit guilt
Then may complete 5 actions
1.)apologize to victim
2.)work for victim for damages
3.)drugs and alcohol treatment
4.)community service
5.)return stolen goods
Once completed charges are dropped and it’s erased from criminal record, and avoid court.
45
Explanation of rights to youth
If they don’t understand their rights and aren’t explained in a well manner that they can understand they can use that against you in court.
46
Youth criminal records
They aren’t sealed on your 18th birthday, but are rarely used against an adult but they are still there and can stop you from entering another country.
47
Privacy of youth hearings
Media May report, but only serious youth crimes that are charged can have their name revealed.
48
Pre-sentencing report
A youth worker writes it to outline a youths life
Contains:
-interviews of parents and victim
-school attendance and performance
-criminal history
-any other background info
If a good kid, they may go easier on them, if a bad kid they may go harder on them
49
Absolute discharge of a youth
Youth is found guilty but no further conviction will take place
50
Possible youth sentences (6)
-Absolute discharge
-Fines
-Compensation (payment)
-Community service
-probation
-custody
51
Open custody
Group homes where youth isn’t locked up but needs permission to leave. They will get
-Structure
-Treatement
-Counseling
52
Closed custody
For more serious youth offences, they have cells and bars on windows, like an adult jail.
53
Conspiracy
An agreement between 2 or more people to commit a crime
54
Aiding
To help someone commit a crime
55
Abetting
To encourage someone to commit a a crime
56
Motive
Reason for committing an offence
57
Homicide
Killing of another human being directly or indirectly
58
Murder
An intentional killing
59
Adjournment
Put the matter over to another date
60
Stay of proceedings
Stop a trial (legal time out)
61
Subpoena
Court document ordering a witness to appear in court to testify
62
Reviews of youth sentences
After 1 year a youth can have their sentence shortened if making good progress.
63
Human rights
Protect us from discrimination from individuals (private citizens)
64
Civil rights
Protect us from unfair treatment from the government
65
Perjury
Not telling the truth when sworn to yell the truth
66
Testifying as a kid
-14+ can testify as an adult
-13 and under will speak to judge and depending on maturity they may testify and it will most likely carry less weight.
67
How did dr Schneeberger rape Candace
He gave her an injection saying it would help her calm down. It made her woozy and he threw he against the wall and pulled her pants down.
68
How did the PI think he faked the blood test
He thought he was switching the vials of blood
69
How did the PI get the Dr’s DNA
-Hair from his head rest
-lick and envelope
-chapstick
70
How did the Dr avoid blood getting taken from his finger
He said it would cause the tissue in his finger to die
71
Why didn’t he get a third blood test
They couldn’t get the needle in his arm
72
The Dr’s 2nd victim
-15 year old step daughter
-at night
-in her bedroom
73
What did his wife find in his office
A used condom in his daughters bed, a box with needles condoms and drugs
74
How did he fool the DNA test
He cut open his bicep and put someone else’s blood in his arm.
75
What was the trial outcome
He was sentenced to 6 years, parole in 2
76
Why did he used the drug Versed
It cause amnesia
77
Trial outline
1.) opening of court
2.) charge and plea
3.) opening statements
4.) the crowns case
5.) case from the defense
6.) summations
7.) charge to the jury
8.)verdict
9.) sentence
78
Opening of the court
Judge enters
79
Charge and plea
Charges are read and accused says their plea
80
Opening statements
Lawyers tell about their case and it’s their first chance to get the jury on your side. Crown then defense.
81
Crowns case
Crown witness, the defense cross examin
82
Defense case
Defense witness and crown cross examin
83
Summations
Defense then crown
84
Charge to jury
Said by the judge, instructions on how to decide and apply the law and come to a verdict
85
Types of examination
-Direct examination
-Cross examination
-Re-Examination
86
Direct examination
Questioning of a witness by the lawyer that called the witness to the stand
-Allows the witness to tell their part of the story to the court
-No leading questions
87
Leading
When the answer is suggested by the question
88
Cross examination
Opposing lawyer questions same witnesses
-tests the story given in direct examination
-leading allowed
89
Re-Examination
If new or different information was given during cross-examination you may re examine the witness
90
What can a witness testify
They can only tell what they know from personal experience
91
Hearsay
If a witness is told of an event they can’t testify about because they weren’t there
92
Irrelevant
Lawyer will as a irrelevant question to prejudice the jury
93
Speculation
If questions put to the witness are such that the witness must guess the answer without factual evidence to back up the question.
94
Badgering
If a lawyer harasses or combative in their line of questioning.
95
7 Types of Law
-Case
-Statue
-Criminal
-Civil
-Military
-Martial
-International
96
Case Law
A record of last decisions (judge makes a decision in a trial it's recorded in case law.)
97
Statue Law
A written Law
98
Criminal Law
Laws that deal with behavior that threatens the peace and security of society
99
Civil Law and other name
Deals with private relationships of individuals (tort law)
100
Military Law
Deals with disciplinary problems in the military
101
Martial Law
Suspension of ordinary law and temporary government consisting of military taking over
102
International Law
Treaties or trade agreements between countries
103
Types of court structure
104
Provincial Court
-Handles less serious cases quickly because the rules are less complicated
-Doesn't use juries
-13 in Saskatchewan
-4 Types (criminal, youth, family, and small claims)
105
Court of Queens/Kings bench
-Handles serious criminal and civil cases
-12 in Saskatchewan
-Appeals from provincial court
-Jury if chosen by the accused
106
Sask court of appeals
-Appeals of criminal or civil matters
-No Trial Conducted
-Only in Regina
107
Supreme court of Canada
-Criminal or civil cases
-Choses what cases it hears
-Highest court
-Located in Ottawa
-Made up of 8 judges and chief justice
108
Appeal
-Ask a higher court to reconsider the case
-New evidence or mistake made
109
Courtroom structure
110
Judge
-Ensures law is followed
-Ask questions to clarify testimony
-Judge makes decision if not jury
-Decides sentence if jury
111
Court Clerk
-Assists judge
-Keeps court records
-Swears in witnesses
112
Witnesses
-Sworn to tell the truth
-Testify voluntarily or ordered by the court
113
Jury
-Decide if guilty or not
-Criminal 12 people
-Civil 6 people or none
114
Types of Lawyers
-Crown prosecutor
-Defense attorney
115
Crown prosecutor
Represents the department of justice and proves beyond a reasonable doubt accused is guilty
116
Defence attorney
Represents the accused and proves there is doubt the accused is guilty
117
Plaintiffs
Person who is suing in a civil trial
118
Defendant
Person being sued
119
Charter of rights and freedoms
Our rights that prevents us from unfair treatment from people and the government
120
Points of the charter
-Freedom of religion
-Freedom of expression
-Freedom of peaceful assembly
-Right to a democratic government
-Right to move freely between provinces
-Equality rights
-Indigenous rights
-Official languages
121
Precedent
First ruling setting a standard for all future cases
122
Bylaw
A written law made by cities, towns, and municipalities
123
Ombudsman
-Employee of the government
-Cant be influenced by government
-Intervene in a dispute between the government and a person filing a complaint
-Neutral person helps resolve this dispute
124
Summons
Witness being ordered by the court to attend
125
Can parents be charged criminally for kids actions
No
126
Can parents be sued for kids actions
Yes
127
Essential Requirements for a valid marriage
-Capacity
-Age
-Close Relations
-Consent
-Single, widowed, or divorced
128
Capacity
You must have mental capacity to marry legally and if capacity is gone after marriage the marriage is still valid.
129
Age for marriage
Age varies from province to province but in Sask you must be 18 or 16-17 with parental consent.
130
Close relation
A marriage is not valid if they are closely related by blood or by marriage
131
Consanguinity
Related by blood
132
Affinity
Related by marriage
133
Consent to marriage
Couples must voluntarily consent to marriage and not be done out of fear or pressure.
134
Monogamy
Having only 1 spouce
135
Bigamy
Marrying 1 person while still legally married to another
136
Polygamy
Having more than 1 spouse
137
3 Formal requirements for marriage
-Marriage License
-Marriage Ceremony
-Age
138
Marriage license
A valid license must be purchased
139
Marriage ceremony
Must be held by someone in authority to conduct marriages.
140
Prenuptial Agreement
Legal agreement between 2 marrying people that sets out everybody's stuff before marriage and how to settle the division of property and payments if a divorce occurs.
141
2 types of annulment
-Legal
-Religious
142
Legal Annulment
Court order stating they were never married when there is a fault in an essential requirement of the marriage
143
Religious Annulment
Allows people to remarry within their religious faith
-Islamic, Jewish, Roman Catholic
144
Reasons for divorce
Marriage Breakdown
145
Sole Custody
One parent gets most of the responsibility of the kid(s) they live with that parent but can still visit the other parent.
146
Joint Custody
Both parent's share responsibility of the kid(s) and they live at both homes.
147
Tort
A legal wrong, form of civil law
148
Litigation
Process of suing
149
3 Areas of Tort Law
-Negligence
-Intentional Wrongs
-Strict Liability
150
Negligence
Most common before the courts. When someone carelessly or fails to act at all resulting in injury or loss to someone.
Ex: not salting infront of you store
151
Intentional Wrongs
When harm is deliberately caused, an intentional tort has been caused.
Ex: punch someone in the face with no warning
152
Strict Lability
"Grey area" in Tort law. Someone is held responsible even though they didn't act negligently or intentionally.
Ex: having a "wild snake" that eats your neighbors poodle even though you locked it up.
153
General Damages
Damages that aren't easily calculated
Ex: pain and suffering, loss of income, etc.
154
Punitive/Aggravated Damages
Designed to punish the defendant
155
Special Damages
Out of pocket expenses
Ex: Medical Bills, Rehabilitation costs, etc.
156
Slander
Defamation through spoken words, physical gestures, and facial expressions
157
Libel
Defamation in a more permanent form. Such as on the radio, newspaper, TV, Facebook, Snapchat, Instagram ,etc.
158
Contract
An agreement enforceable by law
159
Types of contacts
Specialty Contracts
Simple Contracts
160
Specialty Contracts
Written formal contact usually witnessed
Ex: Car loan at the bank
161
Simple Contracts
Written, verbal, or implied
162
5 Elements to a contract
-Offer and acceptance
-Consideration
-Genuine consent
-Legal capacity
-Illegal contacts
163
Offer and Acceptance
When someone requests something or initiates an exchange that begins a contract.
Must be intended, defined terms, and clearly communicated
164
Consideration
-Must be something of value
-Love and friendship don't count as financial value
-Doesn't have to be adequate
165
Genuine Consent
Legal capacity to make binding contracts
166
3 conditions that may prevent the contract from binding
Misrepresentation
Duress
Undue Influence
167
Misrepresentation
Seller hides a defect and sells the car not telling the buyer about it
168
Duress
Contact must be done freely by both parties
169
Undue Influence
Mental or emotional influence which doesn't allow a person free will.
170
Legal Capacity
Ability to enter into contracts
171
Who has restricted legal capacity
Minors
Insane
Intoxicated
172
Illegal Contracts
A contract that isn't enforceable if it doesn't meet the established law.
173
Working under 16
You cant work in a hospital, school, nursing home, hotel, or restaurant, and can't work school hours.
174
Overtime
Putting in over 8 hours a day or 40 hours a week. If you do you get payed 1.5 times your wage for every extra hour.
175
What can't employers ask during an interview
Are you Christian?
Are you married?
Your ancestry?
Etc
176
When applying for a job what can't employers do
They cant discriminate against race, creed, religion, colour, sex, sexual orientation, family status, marital status, age(18-64), disability, nationality, ancestry, etc.
177
Sexual Harassment
Unwelcome behaviour or offensive conduct if a sexual nature
178
Fired for just cause
A worker can be fired without notice due to theft, incomitance, or being late/ not showing uo without good reason.
179
Tenants right and responsibilities
-They must keep place nice and fix damages
-Must be non-disturbing neighbors and not partake in illegal activities
-Must pay rent on time and in full, or they can be kicked out.
180
Landlord rights and responsibilities
-Keep apartment safe to live in
-Repair problems within 48 hours of notice
-Must give 24 hours of notice before entering the apartment and get consent
-Give notice for someone to move out and that they can show the apartment to potential tenants.
181
Subletting
Renting or assigning their place to someone else while they own it or rent it from a landlord
