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Law Exam Flashcards

1
Q
  1. The rule of law was first created in this document:
    The 12 Tables
    The Magna Carta
    The Declaration of Independence
    The Bill of Rights
A

The Magna Carta

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2
Q
  1. Stare decisis is Latin meaning:
    “let the buyer beware”
    “the queen from the head”
    “you have the body”
    “to stand by the decision”
A

“to stand by the decision”

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3
Q
  1. Where did the word “sheriff” come from?
    Islamic law - Sh’ ref
    French Law - Chere riffage
    English Law - Shire reeve
    Roman Law - She of the riffage
A

English Law - Shire reeve

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4
Q
  1. What is/are the function/s of law?
    Establish rules of conduct in public
    Protects rights and freedoms
    Helps us avoid or settle disagreements
    All the above
A

All the above

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5
Q
  1. Why do Judges wear robes in court?
    to identify the an idividual as a judge
    it is a historical symbol of the system
    It reminds the judge that they need to act in a certain way
    All the above
A

All the above

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6
Q

The legal concept of habeas corpus came into being with the introduction of:
the feudal system
The Magna Carta
The Bill of Rights
The Great Binding

A

The Magna Carta

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7
Q
  1. Retribution is justice based on vengeance and punishment..
    True
    False
A

True

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8
Q
  1. The first form of democracy was established in Mesopotamia (modern day Iran).
    True
    False
A

False

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9
Q
  1. Which of the following has historically had the greatest influence on the development of Canadian law?
    French Law
    Babylonian Law
    Greek Law
    British Law
A

British Law

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10
Q
  1. Statute law consists of law that:
    are determined by local governments
    are passed by elected representatives in the form of acts
    are judge-made laws
    are determined by the rule of precedent
A

are passed by elected representatives in the form of acts

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11
Q
  1. Common law is:
    also called case law because it is based on rulings in previous, similar cases
    constantly evolving as judges decide new cases based on earlier judicial decisions
    sometimes referred to as Case Law
    all of the above
A

all of the above

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12
Q
  1. The Ten Commandments is an example of Babylonian law.
    True
    False
A

False

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13
Q
  1. All laws in Canada are subject to:
    Statute Law
    Common Law
    Constitutional Law
    British Law
A

Constitutional Law

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14
Q
  1. Laws which fall under jurisdiction of the Provincial government include all of the following except:
    Education
    Criminal law
    Civil Law
    Health Care
A

Criminal law

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15
Q
  1. Canada’s Constitution:
    determines the structure of the federal government
    divides the law-making power between the federal and provincial governments
    limits law-making power of gov’t. by setting out basic laws that all other laws must follow
    all of the above
A

all of the above

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16
Q
  1. What branch of law would apply if you were to slip on the icy sidewalk and hurt yourself?
    Contract Law
    Tort Law
    Family Law
    None of the above
A

Tort Law

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17
Q
  1. The law of Property and Contract law are classified as:
    Public Law
    Private Law
    Federal Law
    Administrative Law
A

Private Law

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18
Q
  1. All laws are rules, but not the other way around.
    True
    False
A

True

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19
Q
  1. The procedure for changing the Constitution is known as the __________.
    principle of equalization
    constitutional formula
    amending formula
    residual powers
A

amending formula

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20
Q
  1. The Charter of Rights and Freedoms is entrenched in our Constitution. This means that:
    the contents of the Charter have constitutional status
    any law or gov’t action violating these rights can be struck down
    Canadian Charter rights are as close to a legal guarantee as is possible
    all of the above
A

all of the above

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21
Q
  1. In a civil action, which of the following must prove the merits/facts of the case?
    the plaintiff
    The defendant
    the judge
    the jury
A

the plaintiff

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22
Q
  1. The R. in a criminal case citation stands for __________ or __________.
    Plaintive/Defendant
    Regina/Rex
    Restitution/Retribution
    Rest/Relaxation
A

Regina/Rex

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23
Q
  1. Ethics consist of which the following:
    the principles of right conduct, usually in a certain area of life
    a system for what is right (virtue) and wrong
    conforms to society’s values/beliefs
    No one take our rights away except in accordance with the law
A

the principles of right conduct, usually in a certain area of life

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24
Q
  1. “Ultra Vires” means:
    Within the power of the government
    Beyond the power of the government
    The highest laws of the land
    To stand by the decision
A

Beyond the power of the government

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25
Q
  1. The Great Binding is an example of:
    Roman Law
    Greek Law
    First Nations Law
    British Law
A

First Nations Law

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26
Q

Rule of Precedent:

A

what came before – applying a previous decision to a similar case

Important to Canada because it makes the laws predictable, reduces judge bias, makes the law just and fair to all

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27
Q

The Rule of Law:

A

Found in the Magna Carta. It has 3 part principle of justice: Law is nec., It is equal, Cannot take away rights unless in accordance with the law.
Important to Canada because the rule of law helps protect the rights of individual citizens it is the basis for our legal and constitutional system

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28
Q

Trial by Combat

A

British Law: two parties would duel or combat eachother to solve a legal dispute. Today this is done in court using lawyers.

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29
Q

Wergild

A

Ancient tribes used the wergild which assesses or values each person’s life at a certain amount of money. If you were killed then the person who killed you had to pay your tribe that sum of money. Today the concept of restitution is still an important part of Canadian Law. This can be seen in both Criminal and Civil Law.

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30
Q

Principle of Equalization

A

Essential services such as education and healthcare should be equally available to all Canadians. This principle allows HAVE provinces to transfer money to HAVE NOT provinces so they to can access these services.
Federal money should be transferred to provinces in order to ensure equal services

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31
Q

Lobby Groups

A

These groups challenge existing laws or push for others when there is a need to do so. Groups like MADD pressure the government into looking at outdated laws and re-evaluate them.

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32
Q

Assizes

A

British law: Assizes were travelling courts that had circuit judges who travelled the country sides. These judges were the first to create the rule of precedent. This is the bases of Common Law which is the basis of the Canadian judicial system.

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33
Q
  1. The first attempt to codify rights and freedoms across Canada was called the:
    The Charter of Rights & Freedoms
    The Bill of Rights
    The Declaration of Human Rights
    All the above
A

The Bill of Rights

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34
Q
  1. To which of the following situations would the Canadian Human Rights Act NOT apply to?
    an airport with no wheelchair access
    a post office with no service in French
    a fast food restaurant who does not hire males
    a passport office who does not allow employees to wear religious symbols
A

a fast food restaurant who does not hire males

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35
Q
  1. Which of the following would be in direct violation of section 12 of the Charter of Rights and Freedoms?
    you are put in prison and not told why
    your told not to speak out about the government in power
    police search your house without a warrant
    you are tortured by the police
A

you are tortured by the police

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36
Q
  1. For which of the following activities would a person of legal age (18) NOT be able to claim constitutional protection under section 2(b) freedom of expression?
    possession of pornography
    supporting the Communist Party
    public nude dancing
    public criticism of the government
A

public nude dancing

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37
Q
  1. Since the passage of the Canadian Charter of Rights and Freedoms, the role of the Canadian judiciary:
    has not changed.
    has become more powerful
    has become less powerful
    has unlimited powers
A

has become more powerful

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38
Q
  1. Human rights legislation is used:
    to prevent stereotyping
    to control prejudice
    to make people equal.
    to prevent discrimination
A

to prevent discrimination

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39
Q
  1. Which of the following is an example of sexual harassment?
    inappropriate remarks
    inappropriate physical contact
    Demands for dates
    All the above
A

All the above

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40
Q
  1. A persistent and annoying or negative behaviour that violates the human rights of the victim would be know as:
    Direct Discrimination
    Constructive Discrimination
    Harassment
    Poisoned Environment
A

Harassment

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41
Q
  1. A constitution:
    provides the basic framework for a nation’s legal system
    is often said to be the most important law of any country
    provides the basic framework for a nation’s form of government
    all the above
A

all the above

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42
Q
  1. Which of the following is an example of Constructive Discrimination:
    A restaurant owner refuses to hire men to be servers.
    The RCMP have a strict policy about uniforms and outward religious headgear is not allowed
    A student in class only wants to work with a certain cultural group of kids because he believes they are “Smart”
    A Movie theatre that does not have wheelchair access
    none of the above
A

The RCMP have a strict policy about uniforms and outward religious headgear is not allowed

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43
Q
  1. If a provincial government disagrees with a court ruling in a Charter case that has to do with freedom of expression; that government can use which section to override the court ruling?
    Section 2
    Section 15
    Section 33
    Section 25
A

Section 33

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44
Q
  1. An example of Stereotyping would be:
    Telling people that all Millennials can’t afford a home and have to live with their parents
    Not allowing girls to join your study group because “girls are dumb”
    creating an environment at work where a certain group of people feel uncomfortable
    All the above
A

Telling people that all Millennials can’t afford a home and have to live with their parents

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45
Q
  1. You need to prove intent to prove direct discrimination.
    True
    False
A

False

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46
Q
  1. This section of the Charter guarantees the right to equality before and under the law, as well as equal protection and equal benefit of law
    Section 15
    Section 7
    Section 2
    Section 12
A

Section 15

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47
Q
  1. In the Case R. v M. (M.R) What section of the Charter of Rights and Freedoms protected the accused’s privacy rights?
    Section 9
    Section 2
    Section 7
    Section 8
    none of the above
A

Section 8

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48
Q
  1. Of the following locations where do you believe you have the greatest “reasonable expectation of privacy”?
    Your pocket
    Your school locker
    Your bedroom
    The airport
A

Your bedroom

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49
Q
  1. The Ontario Human Rights Code is:
    is simply a statute which can be changed by a majority vote in the legislature
    Has quasi-constitutional status
    has no jurisdiction over federal organizations
    All the above
A

All the above

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50
Q
  1. An example of a area that is “Ultra Vires” of the Ontario Human Rights commission is:
    A Subway Restaurant
    Post office
    Tim Hortons
    LCBO
A

Post office

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51
Q
  1. Mobility rights make it easier for Canadians to:
    possess mobile phones
    move from one province to another
    get a motorcycle license
    hire a lawyer
A

move from one province to another

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52
Q
  1. No matter where you are in Canada your human rights are always covered by the Charter of Rights & Freedoms.
    True
    False
A

True

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53
Q

Entrenched

A

An entrenched Charter of Rights & Freedoms is important because it means that the Government cannot easily change it whenever they want. This gives Canadians stability and structure to our rights.

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54
Q

R. v M. (M.R)

A

This landmark case centers around Section 8 rights of search and seizure. It make important distinctions on what “reasonable grounds” means when it comes to searches on school property. It is important as section 8 rights allow Canadians freedoms from arbitrary searches from the police.

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55
Q

The Charter of Rights & Freedoms

A

The Charter is important to Canada because it sets out our rights. Rights like fundamental freedoms, democratic rights and legal rights are all protected in the Charter. This is important as it protects us from each other and our government.

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56
Q

Inalienable Rights

A

Guaranteed entitlements that cannot be transferred from one person to another. It is important as a Canadian that your rights are always there. You cannot give them away, they are protected by law

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57
Q

Amending Fomula

A

Is the procedure for changing a Constitution that requires approval from Parliament or provinces. This is important to Canadians as it allows a safeguard to our Constitution. It is difficult to change therefore there are many checks and balances in place so our rights are protected.

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58
Q

Undue Hardship

A

The result of a change that would affect the economic viability of an enterprise. It is important that companies have a defence under certain circumstances so they do not go out of business.

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59
Q

Mobility Rights

A

Section 6 of the Charter. Every citizen has the right to enter, remain or leave Canada. This is an important freedom as a Canadian can move to or work in whichever province they choose. They can also travel outside of Canada. The responsibility lies with following the laws of other countries and Canada itself. Those with criminal records may not be able to travel to other countries.

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60
Q

Poisoned Environment

A

An uncomfortable or disturbing atmosphere created by the negative comments or behaviour of others. This is important as it is one of the human rights abuses the OHRC takes into consideration when they look at unfair situations.

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61
Q

1) Civil law does NOT include:
Family Law
Criminal Law
Tort Law
Wills & Estates

A

Criminal Law

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62
Q

2) The tort of defamation occurs when a justified or true attack is made intentionally on a persons’ reputation.
True
False

A

False

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63
Q

3) Which of the following is an example of a non-pecuniary damage?
medical bills
mental suffering
loss of a career opportunity
all the above

A

mental suffering

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64
Q

4) The parties involved in a civil action are known as:
Litigants
Plaintiffs
Defendants
Crown

A

Litigants

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65
Q

5) The purpose of using a mediator in trying to reach an agreement is:
to force the parties to settle the dispute quickly.
to help the process by keeping the parties on track.
to inform the parties of the likely outcome of civil litigation should they not resolve the dispute.
to impose a settlement

A

to help the process by keeping the parties on track.

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66
Q

6) Parents are sued for the negligent conduct of their children because:
they are under the age of 18
they may have failed to train their children properly.
they may have failed to supervise their children properly
All the above

A

All the above

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67
Q

7) In proving causation, the plaintiff must show:
A. forseeability of injury
B. cause-in-fact
C. remoteness of damages
D. both B and C

A

D. both B and C

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68
Q

8) The standard of care owed to a trespasser is:
higher than that of a invitee
lower than that of a invitee
the same as that of a invitee
None of the above

A

lower than that of a invitee

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69
Q

9) A passenger who was injured in a car accident while not wearing a seatbelt is an example:
contributory negligence
voluntary assumption of risk
strict liability
the thin-skull rule

A

contributory negligence

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70
Q

10) What is an examination for discovery?
The process in which the case is discovered by the Defense
The court allows both Plaintiff and Defense to examine each other’s evidence
The judges examination of the Plaintiffs financial records
None of the above

A

The court allows both Plaintiff and Defense to examine each other’s evidence

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71
Q

11) Which of the following is not considered an intentional tort?
forcible confinement
assault
slip and fall
conversion

A

slip and fall

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72
Q

12) The main purpose of civil law is to compensate victims.
True
False

A

True

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73
Q

13) Fair comment is a defence to defamation typically used by:
State Officer
Employers
Politicians
The Media

A

The Media

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74
Q

14) Before a divorce motion can proceed, the couple first must separate.
True
False

A

True

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75
Q

15) Certain individuals are held to a higher standard of care towards others than the average person
True
False

A

True

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76
Q

16) Posting that someone is a liar on twitter or writing untruths in a tabloid magazines are both illustrative of:
Defamation
Slander
Liable
None of the above

A

Liable

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77
Q

17) A contract that may exempt or free the defendant from liability in the case of injury is called a(n):
civil contract
a waiver
a liability contract
a will

A

a waiver

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78
Q

18) This term refers to movable property such as furniture, art, cars, and bikes.
Conversion
Injunction
Chattles
Garnishment

A

Chattles

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79
Q

19) A type of ADR that provides disputing parties with the simplest way of coming to an agreement.
Mediation
Arbitration
Negotiation
Conciliation

A

Negotiation

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80
Q

20) Widespread noxious fumes, coastal oil spills, and polluted watersheds are all illustrative of this tort:
public nuisance
trespass
neglegence
private nuisence

A

public nuisance

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81
Q

Balance of Probabilities

A

The weighing of evidence to decide whether it is the plantiff’s or the defendant’s version of the events that is more convincing or likely to be correct.
The standard of proof is not as high in civil cases, this makes it diffrent from criminal law in Canada

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82
Q

Essential requirements to a marriage

A

Federal Laws that determin a persons ability to marry. This is important to Canadian laws so that people are getting married for proper legal reasons and no one is being forced to marry under duress or because they are too young etc..

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83
Q

Volontary Assumption of Risk

A

The defence that no liabilty exists because the Plantiff agreed to accept the risk normally associated with the activity.

You need to sign a waiver if you are doing something dangerous, no concerts or sports venues could exist without this.

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84
Q

Libel

A

A written or recorded statement that damages a person’s reputation or character.

These law are in place to make sure that people are aware of the power of their words and how lies can affect someone.

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85
Q

Allurement

A

A site or object that might attract children and as a result cause harm. This is important as it constitutes a partial defense to tresspasing and standard of care.

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86
Q

Tort Law

A

The branch of Civil Law that hold persons or private organizations responsible for damages they cause cause another person as a result of accidental or deliberate action.
This allows people to seek remedies if they are wronged by another person or private organization

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87
Q

Foreseeability

A

Being aware that your actions could cause injury. This is important in determining duty of care – if a ridiculous series of events causes the accident then there is no foreseeability

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88
Q

1) Select the answer that does NOT properly complete the following sentence. The purpose of the criminal law is:
the protection of society.
to compensate the victim.
to punish the offender
to maintain order.

A

to compensate the victim.

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89
Q

2) Which of the following is not an example of assault?
spitting on someone
threatening to slap someone’s face as you approach them
poking someone in the chest during an argument
swearing angrily at someone during an argument

A

swearing angrily at someone during an argument

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90
Q

3) A classic example of non-insane automatism is:
schizophrenia
sleepwalking
manic-depression
clinical depression

A

sleepwalking

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91
Q

4) Arrests may take place without a warrant.
True
False

A

True

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92
Q

5) Restorative justice is difficult to use in cases where:
a violent act occurred
a misunderstanding has occurred
a summary offence has occurred
a crime has occured

A

a violent act occurred

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93
Q

6) A classic example of insane automatism is:
schizophrenia
sleepwalking
manic-depression
clinical depression

A

schizophrenia

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94
Q

7) When dealing with terrorism in Canada, which level of police will be most likely lead the investigation?
Municipal
Federal
Provincial
First Nations

A

Federal

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95
Q

8) Rehabilitation refers to:
an offender treatment program that helps bring about a smooth transition back into society.
a return to criminal behaviour after the offender has been released from prison.
compensation to the victims of crime.
punishment to avenge a crime

A

an offender treatment program that helps bring about a smooth transition back into society.

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96
Q

9) The Supreme Court of Canada …
is the highest court in the country
consists of eight Justices and a Chief Justice
is comprised of federally appointed justices
All the above

A

All the above

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97
Q

10) In order to make an arrest, a police officer must:
actually observe the offence taking place
have a search warrant or writ of assistance
have reasonable and probable grounds to believe that an offence has been committed
be sure that the offence is an indictable offence

A

have reasonable and probable grounds to believe that an offence has been committed

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98
Q

11) Which of the following is considered non-culpable homicide?
a soldier who kills in the line of duty
A stranger who kills someone on the street
a husband who kills his wife
a person kills someone during a robbery

A

a soldier who kills in the line of duty

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99
Q

12) Who is required to prove mens rea and actus reus in court?
The Accused
The Crown
The Defence
The Jury

A

The Crown

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100
Q

13) Robbery involves the included offence of:
murder
theft
fraud
arson

A

theft

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101
Q

14) Under the Youth Criminal Justice Act, people ages 12-17 are not criminally responsible for their actions.
True
False

A

False

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102
Q

15) The term “colour of right” may be defined as:
the honest belief that a person has a legal right to the article in question.
a defence to a charge of robbery
an element of the actus reus required for theft.
lawful permission

A

the honest belief that a person has a legal right to the article in question.

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103
Q

16) What kind of offence does not require Mens Rea but offers the accused a defence of due diligence or reasonable care?
Strict Liability Offence
Absolute Liability Offence
Indictable Offence
General Intent Offence

A

Strict Liability Offence

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104
Q

17) Which of the following is NOT one way to be a “party” involved in a crime?
Aiding & Abetting
Principal Actor
Alternating Lookout
Accessory After the Fact

A

Alternating Lookout

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105
Q

18) If the crime is speeding on Stouffville Side Road, which level of police will be most likely to deal with it?
Municipal
Federal
Provincial
First Nations

A

Municipal

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106
Q

19) Which one is in order from more serious to less serious?
indictable, summary, hybrid
hybrid, summary, indictable
summary, hybrid, indictable
indictable, hybrid, summary

A

indictable, hybrid, summary

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107
Q

20) Can you be charged for killing someone unintentionally?
No
Yes, it is called First Degree Murder
Yes, it is called Second Degree Murder
Yes, it is called Manslaughter

A

Yes, it is called Manslaughter

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108
Q

Cross Examination

A

Cross examination is important to test the validity of a witness. If a witness is only give a direct examination by their own lawyer many important facts of the case may be overlooked.

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109
Q

Recidivism

A

Occurs when an offender returns to crime after release from prison. Rehabilitation is used to try to keep recidivism rates down

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110
Q

Citizens Arrest

A

An arrest without a warrant by any person other than a Peace Officer
This is important to our justice system as it allows others to stop a crime in progress.
If a private citizen arrests you they must turn you over to the police ASAP. Reasonable force must be used.

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111
Q

Actus Reus

A

Actus Reus – the guilty act
May be an action (beating a child) or lack of action “omission” (failure to provide the necessities)
Usually defined in the statutory provisions about that crime
Must be a voluntary act (willful, conscious)
It is important to the Justice system because it is the bases for any crime.

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112
Q

Retribution

A

Punishing an offender to avenge a crime or to satisfy the public that the offender has paid for the crime. This has a lot to do with concept of justice and how people need to feel that justice has been served by a criminal for committing the crime. They want to see the criminal punished.

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113
Q

Due Diligence

A

The defence that the accused took every reasonable precaution to avoid committing a particular offence. This is important because such regulatory laws like Strict Liability may need a defence if jail time or heavy fines are involved

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114
Q

Blood - in forensic investigation

A

Blood can be used for both physical and forensic evidence. At a crime scene blood can be used for DNA, spatter, directionality etc..An important part of the evidence gathering process

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115
Q

Why are morals and ethics important to Canadian law?

A

Morals and ethics are important to Canadian law because ethics explores the principles of right conduct which is morals, and laws can reflect a moral value in society. Essentially, laws and how they change happen because of people’s moral values.

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116
Q

Why do we need laws?

A

We need laws because they: organize society to provide peace and good order and provide predictability and structure for safe and peaceful environments. Essentially, laws create Safety and Security.

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117
Q

Why was Hammurabi’s Code so important to the development of laws?

A

Hammurabi’s code was so important to the development of laws because it introduced the ideas of restitution (compensation) and retribution (punishment) which impacted Canadian laws. Also, he was one of the first to codify his laws - written down on a rock in a code.

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118
Q

What is Mosaic Law?

A

Mosaic Law came from the idea that God talked to Moses. It included things like harsher punishments for deliberate acts of harm, punishment, and protection of people and property, and the belief that nobody is above the law. E.g. Basic laws like “Thou shall not kill,” and “Thou shall not steal” (or you would pay back 4 times what you stole). Also, the 10 Commandments.

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119
Q

Where did Democracy come from? And what important legal factors do we still use from this country?

A

Democracy came from the city-state of Athens. We still use legal factors such as
1. lawyers
2. voting/elections
3. majority rule
4. jury systems
5. governments
6. family law/divorce laws
because of Greece.

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120
Q

Where did the idea of Codification come from?

A

The idea of Codification came from the Romans (12 tables) and Hammurabi (Babylons).

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121
Q

What country’s law is Canada’s legal system mostly based on?

A

Canada’s legal system is mostly based on Britain’s. We got the Parliamentary system, the “Rule of Law”, trial by combat, oath taking, common law, and habeas corpus (right to a trial) from Britain.

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122
Q

What is the difference between Common law and Statute law?

A

The difference between Common law and Statute law is that Common law is mostly based on precedents made by judges (the judges make the law) while Statute law is based on government officials’ decisions that may reflect the citizen’s opinions. Statue law can also override common law.
So, Judges make common law - predictable, what we do every day.
Government reps make statute law - more control as citizens because we elect government officials into power.
Constitutional law is the most important - made by the government but decided on by judges and the Supreme court strikes down laws that go against the constitution.

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123
Q

What does “Stare Decisis” mean?

A

Stare Decisis means to stand by the decision as in precedents made by past judges and use those precedents as Common law.

124
Q

Why was the “Magna Carta so important?

A

The Magna Carta was so important because it is the basis of Canadian law, it’s the reason we have the rule of law, habeas corpus (right to a trial), and Common law.

125
Q

What is the highest law of the land in Canada?

A

The highest law of the land in Canada is Constitutional law it has the power to override both Statute law and Common law, it’s made by the government but decided on by judges. Any laws can be struck down by the Supreme court if they go against the constitution.

126
Q

What is the difference between Private and Public law?

A

Private law involves cases that are Person vs Person while Public law involves cases that are Person vs State. Also, the Federal government makes Public law while the Provincial government makes Private law.

127
Q

Give the 6 types of Private Law.

A

Tort law, Contract law, Family law, Wills & Estates law, Property law, Employment/Labour law.

128
Q

What does “Ultra Vires” mean? Intra Vires?

A

Ultra vires mean outside the power of a government, like how provincial governments can’t enact gun laws or how the federal government can’t control a province’s education system. Intra vires mean inside the power of a government like how the federal government can control matters with Indigenous people and how the provincial government can control their police forces.

129
Q

What year did Canada repatriate the constitution?

A

Canada repatriated the constitution in 1982 because of Pierre Elliot Trudeau.

130
Q

What is an amending formula?

A

A set of requirements that are needed to change the constitution.

131
Q

What are the 3 parts of the “Rule of Law”?

A
  • Everyone must accept that the law is necessary, no one is above the law
  • The law applies equally to everyone
  • No one takes our rights away except in accordance with the law (ex. War Measures Act)
132
Q

How many levels of government are there in Canada? Name them all.

A

There are 3 levels of government: Municipal, Provincial, and Federal.

133
Q

How would you write up a criminal citation if the offender’s name is Richards?

A

You would write R. v. Richards.

134
Q

Same question as above but a civil case with the defendant’s name is Davis and the plaintiffs name is Scott.

A

You would write Scott v. Davis.

135
Q

What are “Residual Powers’’?

A

Residual Powers are powers that are not defined in the constitution but always go under the federal government’s control. They may not have been known at the time the constitution was written but still are controlled federally e.g. the Internet.

136
Q

Rule of Law:

A

The rule of law is the idea that in order to function smoothly and fairly, all members of a given society agree to abide by a common set of rules, called ‘the law.’
Everyone must accept that the law is necessary, no one is above the law
The law applies equally to everyone
No one takes our rights away except in accordance with the law (ex. War Measures Act)
Important to Canadian law because it’s the basis of it.

137
Q

Restitution:

A

Compensation, you will be compensated if someone commits a crime against you. E.g. If someone steals from you they have to give it back or serve jail time. Important to Canadian law because it is the reason why people use the justice system, they get justice when someone does them wrong.

138
Q

Unitary System:

A

A kind of government system in which a single power, which is known. as the central government, controls the whole government.

139
Q

Retribution:

A

Punishment, you will be punished for committing a crime. E.g money, jail sentence (time). Important to Canadian law because it’s the basis of why people don’t commit crimes.

140
Q

Unitary System:

A

A kind of government system in which a single power, which is known. as the central government, controls the whole government.

141
Q

Retribution:

A

Punishment, you will be punished for committing a crime. E.g money, jail sentence (time). Important to Canadian law because it’s the basis of why people don’t commit crimes.

142
Q

Plaintiff:

A

A person who brings a case against another in a court of law. (ComPLAINer). Important to Canadian law because we have them.

143
Q

Intra Vires:

A

“Within the power” - Something within a government’s jurisdiction. Important to Canadian law because it dictates what a provincial government controls in comparison to what the federal government controls.

144
Q

Trial by Combat:

A

Formerly involved in actual combat! Today it is done through lawyers who “act out battles” by arguing on behalf of their clients in court. Important to Canadian law because we have it in our courts today.

145
Q

Divine Right:

A

The way Monarchs first went into power and received their authority, they believed they derived their right to rule directly from the will of God.

146
Q

Ultra Vires:

A

“Beyond the power” - Something outside a government’s jurisdiction. Important to Canadian law because it ensures that only certain governments (provincial vs federal) can govern certain matters.

147
Q

Rule of Precedent:

A

What came before – applying a previous decision to a similar case. They are a part of common law, judges make these previous decisions and use them in similar cases in order to create that common law. Important to Canadian law because they create our Common law.

148
Q

Assizes:

A

Courts held in the main county towns and presided over by visiting judges from the higher courts based in London. Important to Canadian law because we are impacted by British law, how we got trial by jury.

149
Q

Judiciary:

A

The branch of government responsible for presiding over Canada’s court system. Important to Canadian law because they resolve law issues within our courts.

150
Q

Habeas Corpus:

A

Latin for “you must have the body” meaning that someone arrested must appear before the court in a reasonable amount of time and not be held in prison, government must justify his or her imprisonment in front of a judge. Important to Canadian law because it’s the basis of someone having a right to justify their sentence.

151
Q

Lobby Group:

A

People who try to influence legislators in favour of their cause. Important to Canadian law because we have them.

152
Q

Tort law:

A

The branch of civil law that provides rules regarding agreements between people and businesses. Important to Canadian law because they are compensated for any harm done to them by other people or businesses.
- Laws responsible for the compensation of those affected by deliberate acts of harm, pain, suffering, or financial loss
- Is why businesses put up “slippery when wet” signs
- Decides how much people have to compensate

153
Q

What are inalienable Rights?

A

Inalienable Rights are guaranteed rights that were given to you upon birth by your government, they cannot be taken away or transferred from one person to another.

154
Q

Give some examples of Rights violations of Canada’s past. (2)

A
  • 1945 Japanese Internment Camps
  • Residential Schools
155
Q

Which Prime Minister brought in the Bill of Rights?

A

John Diefenbaker brought in the Bill of Rights.

156
Q

What are the main problems with the Canadian Bill of Rights?

A
  • It was not entrenched in the constitution, giving it no constitutional powers, weak
  • Thus, any government in power can change it
157
Q

What were the two main arguments of those who were against entrenching the Charter of Rights and Freedoms?

A
  • The judges had too much power over the charter because they were appointed not elected
  • The judges would impose their own opinions into the law, judicial bias
158
Q

What does “entrenched” mean?

A

Entrenched means that the law will have constitutional status, meaning that it is well protected from being changed as it will need an amending formula to do so.

159
Q

What section of the Charter is the “Notwithstanding” clause under?

A

Section 33.

160
Q

What province used the “Notwithstanding” clause to overrule Bill 21?

A

Quebec used the “Notwithstanding” clause (overrides sections 2-7 and 15 of the charter) to overrule Bill 21. Allowing them to pass a law that stated if you worked for the government you were can’t wear any outward religious symbol, which infringes on section 2 of the charter.

161
Q

Give an example of 3 Fundamental Freedoms.

A

Freedom of Thought
Freedom of Expression
Freedom of Association

162
Q

What are democratic rights? (hint: look in the Charter)

A

Democratic Rights are within section 3-5 of the charter and include the Right to Vote, the Right to Become a member of Parliament, and the Right to Elect a New Government every 5 years.

163
Q

What is a Mobility Right?

A

A mobility right allows the citizens of Canada to leave country and is within section 6 of the charter.

164
Q

What section of the Charter grants all Canadians “Life, Liberty and security of person”?

A

Section 7 of the Charter grants all Canadians ““Life, Liberty and security of person.” It protects you, you want to feel secure without anyone or the government hurting you, safety and security is needed before you can experience liberty.

165
Q

Why is Section 8 so important if the Cops want to search your house?

A

Section 8 is so important is the Cops want to search your house because it prevents unjustified searches.

166
Q

If you are thrown in jail and not told why, what section of the Charter could you use to get you out?

A

You could use section 10 to get out because you need to be told a valid reason before entering jail.

167
Q

Why is section 15 so important? What is left out of section 15 but is explicitly covered?

A

Section 15 is important because it covers our human rights, ensuring you are treated equally regardless of your background. Sexual orientation is left out of section 15 but is explicitly covered.

168
Q

What year did the Charter come to Canada?

A

The Charter came to Canada in 1982.

169
Q

What does inter vires and ultra vires mean?

A

Inter vires and ultra vires mean inside the jurisdiction of the government and outside the jurisdiction of the government. Some topics are covered by the provincial government and some by the federal government because Canada is a large country so the federal government can’t handle everything.

170
Q

What is the difference between stereotyping and discrimination?

A

A stereotype is a thought, belief, or idea while discrimination is acting on those thoughts, beliefs, or ideas.

171
Q

Are Post offices under the CHRA or the OHRC?

A

Post offices are under the CHRA.

172
Q

What are some of the differences between The Ontario Human Rights Code and the Canadian Human Rights Act?

A

The OHRC deals with provincial issues usually involving housing, services, unions and such to administer the Ontario Human Rights Code. The CHRA deals with issues surrounding equality nationwide. OHRC is about the province of Ontario while the CHRA is federal.

173
Q

Why is Bill 21 in Quebec so controversial? (2 reasons)

A

Bill 21 in Quebec is so controversial because it infringes upon the Freedom of Religion and Freedom of Expression. Also, overall because of how an actual government is willing to use section 33 to get what they want even if it targets certain groups of people.

174
Q

What is a “Bona fide occupational requirement’’?

A

A “Bona fide occupational requirement’’ is when a qualification that would normally be considered discriminatory is necessary for proper or efficient job performance. For example, you cannot be a truck driver if you’re blind.

175
Q

What is the difference between Direct and Constructive Discrimination?

A

Direct discrimination is an overt act of discrimination while constructive discrimination includes employment policies that inadvertently exclude certain individuals, resulting in systemic discrimination. For example, a restaurant manager not hiring men because he thinks they make bad waiters versus a Sikh man who was asked to remove his turban in order to be an RCMP officer.

176
Q

Give an example of a Poisoned Environment.

A

A poisoned environment is simply when you’re in an uncomfortable and negative atmosphere that doesn’t make you feel good because you know the negativity is about you but not directed toward you.

177
Q

Explain the term “Undue Hardship”.

A

Undue Hardship is the result of a change that would affect the economic viability of an enterprise or produce a substantial health and safety risk that outweighs the benefit of the accommodation. Basically, if a company can’t afford to accommodate you, it’s not their fault. For example, when a cinema couldn’t afford to install a wheelchair ramp, it was okay because they couldn’t afford it.

178
Q

When looking at section 8 Rights, what function does the word “reasonable” perform when deciding if a search is legal?

A

The word “reasonable” when deciding if a search is legal performs the function of outlining what states and environments are necessary in order to legally search someone. For example, how it’s okay to search for a gun but not a pack of cigarettes, how it’s okay to randomly search people in airports but not in their own homes.

179
Q

Prejudice:

A

A preconceived opinion based on a stereotype or inadequate information.

180
Q

Reasonable Limits:

A

The idea that all rights and freedoms are not absolute and have limitations in a free and democratic society. For example, although you have the Right to Free Speech, you cannot spew hate speech.

181
Q

Entrench:

A

To protect and guarantee a right or freedom by ensuring that it can only be changed by an amendment to the Constitution.

182
Q

Respondent:

A

The person or organization that the complainant alleges committed discrimination.

183
Q

Human Rights:

A

The right to receive equal treatment, to be free from prohibited discrimination and harassment, and to have access to places, services, and opportunities.

184
Q

Affirmative Action:

A

Giving advantages to groups who have been discriminated against in the past.

185
Q

Notwithstanding Clause:

A

s. 33 of the Canadian Charter of Rights and Freedoms, which allows federal and provincial governments to pass legislation that is exempt from s. 2 and ss. 7 to 15 of the charter.

186
Q

Duty to Accommodate:

A

Eliminate or adjust requirements or conditions to enable a person to carry out the essential duties of an activity or job.

187
Q

Freedom:

A

The right to conduct one’s affairs without governmental interference.

188
Q

Stereotype:

A

An oversimplified, standardized, or fixed judgment of a group of people.

189
Q

Sexual Harassment:

A

Unwelcome sexual contact, remarks, leering, demands for dates, requests for sexual favours, and displays of sexually offensive pictures or graffiti.

190
Q

Right:

A

A legal, moral, or social entitlement that citizens can expect, mainly from the government.

191
Q

Discrimination:

A

Making a distinction between people and treating them differently on a basis other than individual merit.

192
Q

Accommodation:

A

The place where people live or want to live.

193
Q

Mobility Right:

A

Canadians’ Right to enter and leave Canada and to move from province to province.

194
Q

Inalienable Rights:

A

Guaranteed entitlements that cannot be transferred from one person to another.

195
Q

Bill 21 – Secularism Act (Quebec):

A
  • People support Bill 21 because they think by removing hijabs it will attach importance to the equality of women and men and separate the church and state.
  • People don’t support Bill 21 because it limits people’s options for jobs, targets religious minorities, and represents a government that has more power over people.
  • It’s controversial because it infringes upon the Freedom of Religion and Freedom of Expression.
  • Infringes on sections 2, 7, 15, 12
  • They had to use s. 33 - Notwithstanding Clause which allowed them to pass legislation that is exempt from s. 2 and ss. 7 to 15 of the charter.
196
Q

R. v. M. (M.R.) – School Searches:

A
  • The accused in this case has the abbreviation “M.(M.R.)” to protect his identity under the terms of the Young Offenders’ Act.
  • Section 8 of the Charter protected his privacy rights
  • As shown in this case, depending on where you are, you have a “reasonable” amount of privacy. He was searched because the level of privacy he has in a public school is different from in his own home because in public schools he can potentially harm others with possession of drugs, the environment makes the stakes higher.
197
Q

What is another name for Civil Law?

A

Private Law.

198
Q

What are the 6 parts of Civil Law?

A

Tort, Contract, Family, Property, Wills & Estates, and Employment law.

199
Q

What side does the balance of probabilities fall on in a civil law case?

A

The Plaintiff’s side.

200
Q

If you are under the age of 18, can you sue on your own? If not, who can sue for you?

A

If you are under the age of 18, you cannot sue on you’re own but a “next friend” can sue for you.

201
Q

What is a “writ of summons”?

A

An official order for someone to appear in a court of law when they have been accused of committing an offence against someone. Basically, the legal document that starts a case.

202
Q

What is an examination for discovery? And why does the court use it?

A

An examination of evidence from both sides before a civil trial, both lawyer’s showing each other their evidence. The court uses it so that when the evidence is analyzed, there are no surprises as they are trying to win on legal grounds.

203
Q

If more than one person wants to sue a company, what do you call that type of suit?

A

A class action lawsuit, more than one person involved. For example, a class action lawsuit against a pharmaceutical companies for selling harmful drugs.

204
Q

What are Special Damages?

A

Compensations for out-of-pocket expenses. For example, if you were hit by a car, you can start a claim for the money you needed for the ambulance and the medicine you needed because you paid for it out of your own pocket before you sued the defendant.

205
Q

What kind of damages are awarded to punish the defendant?

A

Punitive damages which are damages that punish so the company/person won’t do it again.

206
Q

What are Civil Remedies?

A

Solutions for civil issues that become the outcome of a civil case. Can include; money (paying someone back), stopping or starting something (the building of property), asking for a job back, etc.

207
Q

If you sue for Pecuniary Damages, what can you get money for?

A

Future earnings or future care. For example, lost job wages. Pecuniary damages are calculable, if I got hit by a car, I can’t work, so I want 6 weeks’ worth of earnings while in recovery.

208
Q

What is the difference between Pecuniary and non-pecuniary damages?

A

Pecuniary damages are calculable and non-pecuniary damages can not be calculated. Non-pecuniary damages can include money for pain and suffering which is decided by the judge.

209
Q

If you are compensated for intangible losses such as humiliation or distress, what kind of damages can you sue for?

A

Aggravated damages.

210
Q

What is an injunction?

A

A court order that will get you to start or stop something. While the case is still happening, an injunction will start or stop a situation in order to rectify the problem. Such as the building of a fence on property that may or may not belong to either two individuals.

211
Q

If you are a worker who is injured on the job, what form of compensation could you get?

A

Worker’s compensation.

212
Q

What is ADR?

A

Alternative Dispute Resolution - A way to settle disagreements besides going through the expensive and long court process.

213
Q

Explain the 3 parts to ADR?

A

Negotiation: both parties communicate to reach an agreement (no lawyers no money spent).
Mediation: A neutral third party sitting and listening to both parties coming to an agreement. The third party makes you come forward but nothing that is said is legally binding.
Arbitration: The third party (a judge) will impose the solution and you have to follow through with it (legally binding).

214
Q

What are the disadvantages of ADR?

A
  • Not suitable in all cases – violence
  • Confidentiality can be a problem if publicity might prevent other problems – Michael Jackson
  • If need to set a precedent or case could affect a large group – court is needed
215
Q

What are the advantages of ADR?

A
  • Saves time and money
  • Success rate of 80 – 85%
  • Informality, privacy and control over proceedings (out of court)
216
Q

What are the key differences between Criminal and Civil Law?

A
  • Criminal Law is public while Civil Law is private
  • Criminal Laws cover crimes aganist the state while Civil Laws cover laws aganist other people
217
Q

What are the key differences between Criminal and Civil Law?

A
  • Criminal Law is public while Civil Law is private
  • Criminal Laws cover crimes against the state while Civil Laws cover laws against other people
218
Q

What is a Tort?

A

Damages to property or injury to yourself caused by another person.

219
Q

What are the 3 stages of Negligence? Explain each stage.

A

Duty of care: the neighbourhood principle and foreseeability. General knowledge and common sense, blasting my music at 2am will annoy my neighbours so I have a duty of care to not.
Standard of care: depending on who you are, you have a higher standard of care. If someone was choking and an EMT was around they have a higher standard of care to save the person than an ordinary person.
Causation: the plaintiff must prove that the defendant’s negligence caused the thing to happen.

220
Q

What is the difference between an invitee, a licensee and a trespasser?

A

Invitee: Invited into a home, they are owed the highest level of care.
Licensee: Like if you were in a Walmart or another enclosed public place, not home but not trespassing. Still owed a level of care but not as high as an invitee.
Trespasser: They should not be there, they are owed a low level of care.

221
Q

Give an example of something that constitutes allurement?

A

Trampoline
Swimming pool
Treehouse

222
Q

Use an example to explain the concept of product liability?

A

For example, if defective tires were sold to you and they caused you to crash, the product is liable for causing that injury. Some products, such as birth control, come with extensive warning labels as the side affects are extreme and the companies do not want to be liable. Anything you consume or use have a level of product liability.

223
Q

What is Voluntary Assumption of Risk? Give an example.

A

Voluntary Assumption of Risk is when you agree that what you are about to do is dangerous. For example, if you joined a rugby team, you signed a waiver and volunteered to play, agreeing that it’s dangerous and still willingly participating.

224
Q

Why are some individuals held to a higher “Standard of Care” than others?

A

Mostly because they have the education that has given them more knowledge on what to do in certain situations than ordinary people, especially in the medical field. For example, a doctor is held to a higher “Standard of Care” than others because they have the eduction on what to do if someone needs medical attention.

225
Q

What is a medical battery?

A

Treating a patient without their consent, doing something wrong, or generally, not what the patient wants you to do. For example, when doctor’s add an extra stitch after a woman gives birth, not for her own comfort but for her spouse.

226
Q

If you detain a person without consent or legal authority, you are committing what offence?

A

False Imprisonment.

227
Q

What is the difference between a public or private nuisance?

A

Public nuisance affects many people on a mass scale while private nuisance only affects one or a few people. For example, an oil spill versus your neighbour playing loud music at 4am.

228
Q

Describe two types of interference with property?

A

Trespass to Chattel: If someone repeatedly interferes with your propety. For example, a friend who always takes your phone and tries to disallow you from getting it back.
Conversion: If someone deprives you of your property (converts it to their use). It’s a substantial interference – borrowing a bike for 5 minutes is a trespass, taking it for a 3 week bike trip is conversion.

229
Q

What is another word for conversion?

A

Theft.

230
Q

What is the difference between Libel and Slander?

A

Libel is written while slander is verbal.

231
Q

What is the defence to defamation?

A

Truth, if the defamatory statements are true, then they can be published.

232
Q

Who can use Absolute Privilege?

A

Politicians in Parliament.

233
Q

What is a Fair Comment?

A

A defence to defamation where the comments were honest and made without malice. For example, film critics or teachers can use the defence of Fair Comment.

234
Q

What are the “essential requirements” to a marriage?

A

A list of requirements that make sure no one is being taken advantage of before getting married. For example, age, consent, mental capacity, etc.

235
Q

On what grounds can you sue for divorce?

A

You can sue for divorce on the grounds of adultery and cruelty but you must be separated for a year before divorcing.

236
Q

Plaintiff:

A

The party initiating a legal action.

237
Q

Defendant:

A

The party being sued in a civil action.

238
Q

Counterclaim:

A

An action brought in response to the plaintiff’s claim aimed at diminishing or removing the defendant’s liability.

239
Q

Arbitration:

A

A process in which a neutral third party hears both sides of the dispute and makes a binding decision.

240
Q

Mediation:

A

A process in which a neutral third party intervenes to bring opposing parties to an agreement.

241
Q

Duty of Care:

A

The obligation to foresee and avoid careless actions that might cause harm to others.

242
Q

Neighbour Principle:

A

The legal responsibility to owe a duty of care not to harm one’s neighbour by being careless or negligent.

243
Q

Foreseeability:

A

The ability of a reasonable person to anticipate the consequence of an action.

244
Q

Standard of Care:

A

The degree of caution or level of conduct expected of a reasonable person.

245
Q

Cause-in-Fact:

A

The factual “cause and effect” connection between one person’s actions and another person’s injuries.

246
Q

Thin-skull rule:

A

The principle that a defendant is liable for all damages caused by negligence despite any pre-existing condition that makes the plaintiff more prone to injury.

247
Q

Host:

A

Someone who serves alcohol to guests or paying costumers.

248
Q

Invitee:

A

A person invited onto a property for a business purpose.

249
Q

Malicious Prosecution:

A

Wrongful prosection of a person without reasonable and probable cause.

250
Q

Public nuisance:

A

Unreasonable and substantial interference with interests that effects the community at large, such as public health and safety.

251
Q

Conversion:

A

Unauthorized and substantial interference with another’s property, which deprives the owner of its use.

252
Q

Slander:

A

A defaming oral statement or gesture.

253
Q

Malice:

A

Any improper or ulterior motive for publishing a defamatory statement.

254
Q

Fair Comment:

A

A defence to defamation that the comments were honest and made without malice.

255
Q

Libel:

A

Defamation in a permanent form, such as written or record statements.

256
Q

Pecuniary damages:

A

Monetary compensation for losses that can be calculated.

257
Q

Common-Law Relationship:

A

An intimate relationship between two individuals who are not legally married.

258
Q

Divorce:

A

The legal termination of a marriage.

259
Q

Ratification:

A

The final approval of an international agreement by the highest authority of a given country.

260
Q

What does Mens Rea mean?

A

Mens Rea is a deliberate intention to commit a wrongful act, with reckless disregard for the consequences, which means the intent of the crime, the mental capacity to do it, and the thought behind it.

261
Q

What does Actus Reus mean?

A

Actus Reus is “the guilty act” - the voluntary action, omission, or state of being that is forbidden by the Criminal Code, which means the act itself.

262
Q

Why do you need both elements to charge someone with 1st-degree murder?

A

You need both elements (men’s rea & actus reus) to charge someone with 1st-degree murder in order to see how much planning was actually involved to constitute 1st-degree, as it shows a well-planned men’s rea and you succeed with the action.

263
Q

What is the most basic reason for having criminal law?

A

For the Protection of the Public.

264
Q

The criminal code is overseen by which level of government?

A

The Federal government.

265
Q

What is the difference between criminal negligence and recklessness?

A

When you’re criminally negligent you don’t know you’re doing something wrong and it leads to a crime while during recklessness you know you’re doing something wrong and it leads to a crime.

266
Q

What is the difference between Strict and Absolute liability offences? Give an example.

A

Absolute liability involves lower forms of crimes where you are simply charged (speeding ticker, no men’s rea) and there’s no defence to it because you simply committed the act while strict liability involves bigger crimes (murder) where you can face jail time and there’s the defence of due diligence.
For example, when a company polluted the duck’s habitat so they had to make the ducks stop going there but no matter what they did to make the ducks go away, they kept coming back.

267
Q

Give an example of 3 “Parties” to a crime.

A
  • Principle Actor: A person who actually commits a crime – that is commits the actus reus and has the men’s rea.
  • Aider and Abettor: A person who helps and encourages the principal actor to carry out a crime.
  • Counsellor: A person who counsels or recommends that a person commit an office.
268
Q

What is conspiracy?

A

Conspiracy is an agreement between two or more people to carry out an illegal act, even if that act, does not actually occur. Basically, when you decide that you’re going to plan with someone else to commit a crime and it gets laid on with other charges.

269
Q

Is Motive the same as Intent?

A

No, Motive is the reason to do the act while Intent is the decision to go through with the act.

270
Q

What is the highest court in Canada? Do they hear anything but appeals?

A

The Supreme Court of Canada and no, they don’t.

271
Q

The burden of proof in any criminal legal case is always on which side?

A

It is on the side of The Crown (Prosecution).

272
Q

Why does the court allow for cross-examination?

A

In order to test the validity and show the accuracy of the evidence testified by that witness.

273
Q

If you go to the police station do you have to give them a blood sample if they ask for it?

A

No, unless they have a warrant.

274
Q

Do you have to give a breathalyzer test?

A

Yes, if you refuse you can be charged with failure to give a breathalyzer and you’ll have to anyway.

275
Q

How many levels of police are there in Canada?

A

There are 4: Indigenous Police, Municipal, Provincial, Federal
- York Region, OPP, RCMP, and some reserves have their own band of police

276
Q

What is the difference between Forensic and Physical evidence?

A

Physical evidence is any object, impression or body element that can be used to prove or disprove facts relating to an offence.
Forensic evidence is the use of biochemical and other scientific techniques to analyze evidence in a criminal investigation.
Thus, physical evidence is tangible such as a knife at the scene but forensic evidence is the analysis such as autopsies that show a murder victim’s time of death.

277
Q

What does DNA stand for?

A

Deoxyribonucleic acid.

278
Q

When can the police arrest you without a warrant?

A
  • if you have committed, are about to commit or are in the process of committing an indictable offence
  • if s/he needs to preserve the evidence
  • if s/he needs to prevent you from committing another offence
279
Q

What is a citizen’s arrest?

A

A citizen’s arrest is an arrest without a warrant by any person other than a peace officer. Private citizens have the power of arrest if:
- if you have committed, or are in the process of committing an indictable offence
- if you are escaping from the police
you are taking their taking property
- If a private citizen arrests you, they must turn you over to the police ASAP and use reasonable force or risk being charged with assault.

280
Q

What are the 3 levels of offences and how do they differ from one another?

A

Summary: A crime that is considered less serious and carries a lighter penalty. Fined up to $2000 and/or imprisonment for up to 6 months, Tried in provincial court, No jury

Indictable: A crime that is more serious than a summary conviction offence and carries a heavier penalty, 2 years to life imprisonment, depending on the offence could be tried in Provincial or Superior Court, jury/No jury

Hybrid: an offence that the Crown can try either as a summary or indictable offence, always treated as indictable until charges are laid in court, then the court must decide how to treat the offence, Provincial or Superior Court, Jury/No Jury, Starts as an Indictable but may get kicked down to a summary depending on the person (if they have a criminal record, etc)

281
Q

What does non-culpable homicide mean? Give 2 examples where it may apply.

A

Non-culpable homicide is a killing for which a person cannot be held legally responsible. Basically, you’ve killed someone but you’re not found guilty of it.
It applies when:
- You’re a soldier in times of war
- You’re self-defending

282
Q

What is the difference between 1st and 2nd-degree murder?

A

The amount of planning and motive involved.
First-degree murder is a killing that is planned and deliberate, is the result of a contract, causes the death of a peace officer, or is committed during another serious crime while second-degree murder is any murder not classified as first-degree murder.

283
Q

What is the difference between robbery and theft?

A

Robbery involves the use of force (violence) while theft does not.

284
Q

Why is trafficking drugs a worse offence than possession?

A

Trafficking drugs is a worse offence than possession because you are harming the public by distributing the drugs to others.

285
Q

Why can non-insane automatism be a defence?

A

Because it’s a condition in which a person acts without being aware of what he or she is doing. An external factor caused you to have no control over what you are doing, such as a case where a man killed his inlaws while sleepwalking.

286
Q

What is the rule you need to remember if you are going to use Self-Defence as a defence?

A

That you may only use the reasonable force necessary to defend against the attack.

287
Q

What is Double Jeopardy?

A

Double Jeopardy is the legal doctrine that an accused person cannot be tried twice for the same offence.

288
Q

How can you use entrapment as a defence?

A

When you only committed the charged crime because the police officer persuaded you to do it.

289
Q

What does Recidivism mean?

A

To return to a life of crime after serving jail time.

290
Q

What is the difference between Aggravating and Mitigating factors in a crime?

A

Mitigating factors in a crime can lessen the charges such as if the accused doesn’t have a criminal record.
Aggravating factors can increase the charges and the severity of the crime, such as if a person murdered someone and then mutilated the body.

291
Q

What is Plea Bargaining?

A

Plea Bargaining is when you plea out and form an agreement with the court to plead guilty, get a lesser charge, and then not have to attend an expensive trial.

292
Q

What is the difference between a consecutive and concurrent sentence?

A

Consecutive sentences are sentences back to back while concurrent sentences are ones served together and often, for life.

293
Q

What does YCJA stand for? Why are juveniles treated differently than adults when it comes to crime?

A

YCJA stands for the Youth Criminal Justice Act and they’re treated differently because they have a strong chance at being rehabilitated back into society.

294
Q

Intent

A

A state of mind in which someone desires to carry out a wrongful action, knows what the results will be, and is reckless regarding the consequences.

295
Q

Motive

A

The reason a person commits a crime.

296
Q

Wilful Blindness

A

A deliberate closing of one’s mind to the possible consequences of one’s actions.

297
Q

Due Diligence

A

The defence that the accused took every reasonable precaution to avoid committing a particular offence.

298
Q

Homicide

A

The killing of another human being, directly or indirectly.

299
Q

Infanticide

A

The killing of a newborn infant by the child’s mother.

300
Q

Assault

A

Threatened or actual physical contact without consent.

301
Q

Colour of Right

A

The honest belief that a person owns or has permission to use an item.

302
Q

Mental Disorder

A

Defined in the Criminal Code as a “disease of the mind.”

303
Q

Automatism

A

A condition in which a person acts without being aware of what he or she is doing.

304
Q

Provocation

A

Words or actions that are insulting enough to cause an ordinary person to lose self-control.

305
Q

Alibi

A

A defence raised by the accused claiming that he or she was somewhere else when the offence was committed.

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