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law Flashcards

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1
Q

What are the (2) major divisions of law?

A

Private and public law

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2
Q

what is the purpose of public law

A

to set the rules for the relationship between individuals and society

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3
Q

what is the purpose of private law

A

to set the rules for the relationship between individual laws

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4
Q

where is common law practiced

A

in all provinces and territories with the exception of Quebec

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5
Q

what is common law

A

common law is the law that is not written down in legislation, but based on precedent. this is a rule that guides judges on making choices in similar cases

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6
Q

what is civic law

A

civic law is a set of comprehensive rules, many are framed as broad, general principles to deal with any dispute that might arise

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7
Q

when did the BNA act pass

A

july 1st, 1867. it created the dominion of Canada and set out its constitution

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8
Q

what is BNA

A

British North America act

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9
Q

what are the 3 levels of government in canada

A

federal, provincial, Municipal

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10
Q

who does the charter apply too

A

the charter applies to all Canadians

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11
Q

what is the supreme law of court

A

supreme law of Canada is an interpretation decided by the supreme court of whether any action of a state actor or law passed is in violation of the charter

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12
Q

criminal justice participants (7)

A

state actors, crown counsel, defense counsel, justice of the peace/judges, victims, witnesses, corrections

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13
Q

who gives the police their powers?

A

the province in which they are employed in

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14
Q

what is the purpose of the crown

A

to lay out the credible evidence regarding the alleged crime

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15
Q

what is the purpose of the defense

A

is to provide professional assistance and advice

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16
Q

purpose of judge

A
  • to be an independent arbiter of the facts and law
  • to control the court process, admissibility of evidence
  • countable throughout the appeal process
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17
Q

what are the three types of offences

A
  • hybrid
  • summary
  • indictable
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18
Q

statute of limitations for a summary offense

A

6 months

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19
Q

methods of trial when the accused is allowed to choose when there is an indictable offence

A
  • provincial court judge without a preliminary hearing
  • supreme court judge with or without a preliminary hearing
  • jury trial with or with out a preliminary hearing
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20
Q

if you are sentenced to 2 years less a day where will you do your time

A

provincial corrections facility

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21
Q

what are the two main components that an offence is comprised of

A

actus reus - guilty act

mens rea - guilty mind

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22
Q

what is a strict liability offense

A

an offense where thte actus reus be required to be proved. burden switches to the accused to prove the absence of a culpable mental state

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23
Q

3 modes of liability

A
  • principle
  • accessory
  • party
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24
Q

3 main elements for an offense

A
  • date/time
  • jurisdiction
  • identity
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25
Q

how long does a provincial court case have to be completed

A

18 months

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26
Q

how long does a supreme court case have to be completed

A

30 months

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27
Q

when was the first criminal code created

A

1892

28
Q

what is S.9 of the charter

A

everyone has the right not be arbitrarily detained or imprisoned

29
Q

what is lawful investigative detention

A

when there is a clear nexus between an individual and a recent or on going offense

30
Q

what section gives you the power of arrest

A

495(1)

31
Q

what section gives you the power of seizure

A

489(2)

32
Q

what does RPG stand for

A

Reasonable probable grounds

33
Q

when do you not need a feeney warrant to enter someones home

A

hot pursuits or exigent circumstances

34
Q

what is S.8 of the charter

A

everyone has the right to be secure against unreasonable search or seizure

35
Q

what is S.7 of the charter

A

everyone has the right to life, liberty, and security of the person

36
Q

what is S.10 of the charter

A

everyone has the right on arrest or detention, to be told why, to retain counsel without delay, and informed of their rights, and to be released if the detention is unlawful

37
Q

who appoints provincial judges

A

the province

38
Q

who appoints supreme court judges

A

federally appointed

39
Q

what does TOF stand for

A

trier of fact

40
Q

who bears the burden of proof

A

the crown and the case must be proven beyond reasonable doubt

41
Q

what is credibility

A

deals with the truthfulness of a witness’s evidence

42
Q

what is reliability

A

deals with how accurate a witness’s ability Is to observe and recall

43
Q

what are some types of legal defences

A
  • accident
  • intoxication
  • consent
  • corrective force
  • mental disorder
  • automatism
  • provocation
  • duress
  • necessity
44
Q

what does REP stand for

A

Reasonable expectation of privacy

45
Q

what is an attempt

A

attempts to commit an offense are also considered offenses

46
Q

what are conspiracies

A
  • need two or more people
  • intention to agree
  • agreement to do an unlawful act
  • common design
47
Q

stages of proceeding are?

A
  • laying of the information
  • initial appearance/bail hearing
  • election and plea
  • preliminary inquiry
  • pre trial motions
  • trial
  • sentencing
48
Q

what is actus reus

A

the illegal act

49
Q

what is mens rea

A

the guilty mind

50
Q

what are the jurisdiction of courts

A

provincial court and supreme court

51
Q

what happens in a provincial court

A
  • summary offenses
  • indictable offenses when accused elects
  • preliminary inquires
  • no juries
  • busiest level of court
52
Q

what happens in a supreme court

A
  • indictable offenses when the accused elects
  • exclusive jurisdiction
  • judge alone or jury
  • longer and more complex trials
53
Q

what is fact finding in evidence

A
  • corroborated by other evidence
  • inconsistent with witnesses prior accounts
  • establishes a motive to lie
54
Q

what are demeanor factors

A
  • tone of voice
  • hesitation
  • body language
  • indifference
  • facial expressions
55
Q

what is identification evidence

A

unknown suspect of the witness

56
Q

what is recognition evidence

A

a known suspect to the witness

57
Q

what is justification

A

an act that is justified by the circumstance in which the act was committed (self defense, defense of property)

58
Q

what is an excuse

A

an act that can be excused because of extenuating circumstances (intoxication, mental illness)

59
Q

what are some examples of warrantless searches

A
  • search incident to arrest/detention
  • consent searches
  • safety searches
  • abandon items
  • items in plain-view
  • preservation of life
  • road block preventing escape
  • to prevent destruction of evidence
60
Q

difference between arrest and detention

A

arrest is knowing they committed the offense and detention is often the precursor to the arrest

61
Q

what is reasonable suspicion

A

it is a lower standard than required for arrest but higher than a hunch or general suspicion that someone is basically up to no good

62
Q

what is lawful investigative detention

A

reasonable suspicion that there is a clear nexus between the individual to be detained and a recent on going criminal offense

63
Q

what is 495(1)

A

a person who has committed an indictable offense or who, on reasonable grounds, he believes has committed or is about to commit an indictable offense

64
Q

what is a feeney warrant

A

entering a dwelling house you need to get this warrant as long as there is reasonable grounds

65
Q

what is exigent circumstances

A

suspecting imminent bodily harm or you believe entry is necessary to prevent the loss or destruction of evidence

law exam (1 decks)

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