Law 12 Test #3

Question 1

What are the four conditions for a crime to exist?

Answer 1

1. The act is considered wrong by society
2. The act causes harm to society in general or to those (such as minors) who need protection.
3. The harm must be serious
4. The remedy must be handled by the criminal justice system.

Question 2

What is actus reus? Give an example.

Answer 2

Actus reus is the wrong action. For example, if someone committed an act of murder by stabbing, then the actus reus would be the act of stabbing. The evidence would be the knife with finger prints and victim’s blood on it, the body, foot prints, etc.

Question 3

What is mens rea? Give an example.

Answer 3

Mens rea is the wrong mind. For example, if the murder happened in order to steal a wallet, then the mens rea would be specific intent to murder in order to steal the wallet.

Question 4

Define aid.

Answer 4

Aid means to help.

Question 5

Define abet.

Answer 5

Abet means to encourage.

Question 6

Define counsel.

Answer 6

Counsel means to advise.

Question 7

Define accessory after the fact.

Answer 7

Accessory after the fact means involved after the fact/crime.

Question 8

Define perpetrator.

Answer 8

The perpetrator does the crime.

Question 9

List five people that are ineligible for jury duty.

Answer 9

1. People who are not yet 18
2. People who haven’t lived in their province for 1 year
3. People who are not Canadian citizens.
4. People who are not mentally capable of serving on a jury
5. People like doctors who can’t leave their job.
6. People who claim financial hardship

Question 10

Describe the role of the judge.

Answer 10

The judge is the trier of the law/fact, they deal with matters of law.

Question 11

Describe the role of the jury.

Answer 11

The jury deals with matters of fact.

Question 12

Describe the role of the justice of the peace.

Answer 12

The justice of peace has less authority than a judge, preliminary hearings, warrants.

Question 13

Describe the role of the accused.

Answer 13

The accused is the charged person.

Question 14

Describe the role of the defence counsel.

Answer 14

The defence counsel is the lawyer representing the accused.

Question 15

Describe the role of the duty counsel.

Answer 15

The duty counsel’s job is to offer free legal advice .

Question 16

Describe the role of the court clerk.

Answer 16

The court clerk deals with the evidence and assists the judge.

Question 17

Describe the role of the crown counsel.

Answer 17

The crown counsel (R) is the prosecutor. They represent the people.

Question 18

Describe the role of the court reporter.

Answer 18

The court reporter records everything said on a transcript.

Question 19

Describe the role of the witness.

Answer 19

The witness gives evidence.

Question 20

Describe the role of the sheriff.

Answer 20

The role of the sheriff is courtroom management.

Question 21

Describe the role of the baliff.

Answer 21

The baliff assists the sheriff.

Question 22

Give one reason why the Supreme Court of Canada will hear an appeal?

Answer 22

One reason the Supreme Court of Canada will hear an appeal is if the case deals with the Charter/infringements on someone’s charter rights.

Question 23

Which court will hear a murder case?

Answer 23

Supreme Court of Nova Scotia/a superior court

Question 24

Which court will hear a theft under $5000 case?

Answer 24

Provincial court will hear a theft under $5000 case.

Question 25

What is a challenge for cause?

Answer 25

Challenge for cause is when a juror is challenged (try to exclude) with reason. For instance, bias, physical/mental incapacity, or convicted of a serious offence.

Question 26

Describe direct examination.

Answer 26

Direct examination is the first examination of the witness. The side that calls the witness does this.

Question 27

Describe cross examination.

Answer 27

Cross examination is the second examination of the witness. The side that didn’t call the witness does this.

Question 28

Describe two objections.

Answer 28

One objection is a hearsay statement, meaning that they are quoting someone that isn’t in the courtroom that should be testifying this.
Another objection is opinion statement, meaning someone claimed something that they have no expertise in.

Question 29

Describe direct evidence.

Answer 29

Direct evidence could be an eyewitness.

Question 30

Describe circumstantial evidence.

Answer 30

Circumstantial evidence creates a connection. For instance, in 12 Angry Men, the son having the same knife that happens to be in his father’s dead body could create a connnection.

Question 31

Describe character evidence.

Answer 31

Character evidence is about your character.

Question 32

Describe electronic surveillance.

Answer 32

Electronic surveillance needs a warrant, meaning they monitor your devices, etc.

Question 33

Describe a polygraph test.

Answer 33

A polygraph test is a lie detector but is rarely ever used in court.

Question 34

What is a voir dire?

Answer 34

A voir dire is a test of evidence for admissibility without the jury present.

Question 35

What is general intent?

Answer 35

The desire to commit a wrongful act with no prior motive.

Question 36

What is specific intent?

Answer 36

The desire to commit a wrongful act with a prior motive.

Question 37

What are the types of criminal offences?

Answer 37

Indictable offence (very serious)
Summary conviction offence (least serious)
Hybrid offence

Question 38

What is provincial court?

Answer 38

The lowest level in the hierarchy of Canadian courts. Provincial judges, no jury, mostly summary conviction offences, preliminary hearings.

Question 39

What is a preliminary hearing?

Answer 39

A judicial inquiry to determine whether there is sufficient evidence to put a person on trial.

Question 40

What are superior courts of the province?

Answer 40

The highest level of provincial criminal and civil court systems. It handles civil and criminal matters, it has a trial and appeal division, and cases are tried by a judge or a judge/jury.

Question 41

What is the federal court system?

Answer 41

It has a trial and appeal division and the Supreme Court (highest court of appeal).

Question 42

What is a court of appeal?

Answer 42

A court with the authority to review decisions made by lower courts.

Question 43

What is double jeopardy in law?

Answer 43

Double jeopardy prevents the courts from trying someone for the same crime on both federal and provincial legislation.