Law 2 Flashcards

1
Q

What document outlines criminal offences and punishment

A

Criminal code

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2
Q

How was common law created

A

Base on past legal dicision (precedents)

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3
Q

What can a wrongful act include

A

Something you didn’t do but should have

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4
Q

What is the maximum penalty for a summary offence

A

Fine 2000$ and/or six month

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5
Q

What are the two main elements of a crime

A

Actually rea, men’s rea

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6
Q

How can a person be q guilty of a criminal offence and not complete the act

A

Abetting/attempting/aiding

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7
Q

Define recklessness

A

A state of acting carelessly without regard for the consequences of one’s actions

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8
Q

Define aiding and abetting

A

Aiding is assisting someone to commit a criminal offense, abetting is encouraging or urging another person to commit a crime

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9
Q

How are judges hired in the criminal division of provincial court

A

Appointed by provincial government

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10
Q

What matters does the Supreme Court of canada consider

A

Issues of great importance, final appeal

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11
Q

What is the purpose of criminal law

A

To safeguard canadians of living safety and not be subject to physical harm

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12
Q

What is the maximum penalty for indictable offence

A

Life imprisonment

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13
Q

In what type of cases can the crown decide how to proceed

A

Hybrid cases

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14
Q

In what type of cases can the crown decide how to proceed

A

Hybrid cases

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15
Q

Define actus reas

A

Latin phrase for meaning •a wrongful deed•

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16
Q

What type of evidence is motive

A

Inderect/circumstantial evidence

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17
Q

Define attempt

A

An act done with the intent to commit a criminal offence but without success

18
Q

What occurs in the criminal division of provincial court

A

Summary conviction and leave serious indictable offences

19
Q

Which government makes criminal laws

A

The federal gouvernement

20
Q

Which court hears legal disputes involving the federal government

A

Federal courts

21
Q

Define criminal law

A

The body of public law that defines crimes and punishment

22
Q

Define civil law

A

The private law governing the relationship between individuals

23
Q

What court will rule on a summary conviction case

A

Provincial court criminal division

24
Q

In the criminal justice system, how must guilt be determine

A

Beyond a reasonable doubt

25
What is guilty mind
Men’s rea, mental element of one’s criminal actions
26
What is the careless disgard for other
Recklessness
27
What is the accessory after the fact
Knowingly helping person escape or hide for police
28
What are the options for a case being heard in provincial superior court
Judge alone/ judge and jury
29
What court hears appeals from the trial division of provincial superior courts
Provincial court of appeal
30
What is called to encourage someone to commit a crime
Abetting
31
Define summary offence
Minor criminal offence with less severe punishment which is usually tried soon after the charge is laid without a preliminary hearing or jury
32
Define indictable offence
Serious Criminal offence with a severe penalty, proceeding by way of a formal court document called an indictment
33
Define hybrid offence
Criminal offence proceeding by way of summary conviction or an indictable offence; the crown decides which way to proceed
34
Define intent
State of mind of a person who commits an action deliberately and on purpose
35
What is the final court of appeal
Supreme Court of Canada
36
What court sets provincial precedents
Provincial court of appeal
37
Define motive
The reason for committing a certain act
38
Define criminalize
Make a behavior a criminal offence in the criminal code or other criminal statue
39
Define decriminalize
Make a behavior that was illagel punishable only by fines
40
Define legalize
Make an act completely legal by removing it from the criminal code or other criminal statute
41
Which is more important to prove, motive or intent why
Intent, having a motive does not mean the accused is guilty
42
Example of aiding and abetting an offence
Telling someone to rob bank then driving them there