Law exam

Question 1

by-laws

Answer 1

the area of jurisdiction under the municipal government, deals with local issues

Question 2

Procedural law

Answer 2

The steps involved in protecting the rights, duties, and responsibilities given under substantive law to ensure all citizens are treated fairly

Question 3

suspended sentence

Answer 3

suspended sentence is a sentence on conviction for a criminal offence involving following a probation order

Question 4

recidivism

Answer 4

offender returns to crime, and committing criminal actions, afterbeing released from prison

Question 5

peremptory challenge

Answer 5

to have no reasons for eliminating the juror. It gives the accused a chance to say that they do not want a particular person deciding their case. If the case could carry a sentence of more than 12 years the accused has 12 peremptory challenges. If the case could carry a sentence of less than 12 years the accused has 4 peremptory challenges

Question 6

chain of custody

Answer 6

he witnessed, written record detailing dates, times, and circumstances of evidence handling by all of the people who had control over items of evidence

Question 7

plaintiff

Answer 7

the person in a civil case suing the other, bringing the challenge, has burden of proof

Question 8

stare decisis

Answer 8

can’t change verdict, written down. A latin phrase meaning “to stand by a decision”

Question 9

binding-over

Answer 9

a sentence ordering a defendant to keep the peace and demonstrate good behaviour for up to 12 months

Question 10

mens rea

Answer 10

guilty mind, doing something you know is wrong. There are 5 kinds of mens rea.

Question 11

incomplete crimes

Answer 11

either mens rea or actus reus is missing
Attempt - unsuccessful in the commission of a crime
Conspiracy - an agreement to commit a crime (perform an illegal act) between two or more people, even if not committed the person is still guilty of this

Question 12

indictable

Answer 12

most serious crimes under the criminal code, they come with more serious punishments

Question 13

actus reus

Answer 13

guilty act, the physical involvement in a crime, must be physical not just the thought of doing something, can also be a state of being, all outlined in the criminal code of canada so that all citizens are aware. Must be voluntary.

Question 14

mistake of fact

Answer 14

a defence that the accused made an honest mistake that led to the breaking of the law.

Question 15

restitution

Answer 15

fair punishment for a crime, not retribution. Requires the offender to pay the victim or society back for the harm or loss caused by the crime

Question 16

hung jury

Answer 16

when the jury cannot come to a unanimous decision

Question 17

direct evidence

Answer 17

testimony given by the witness to prove the alledged fact

Question 18

alibi

Answer 18

a claim or piece of evidence that one was elsewhere when as act, especially a criminal one, was allegeably committed

Question 19

non-insane automatism

Answer 19

caused by external factors such as a concussions, sleep walking/night terrors (could fall under insane too) or medication (too much/mixing/not taking) (they are acting without being aware of what they are doing)(not caused by mental health)

Question 20

particulars

Answer 20

the specific details of a claim in a civil action

Question 21

jurisdiction

Answer 21

The official power to make legal decisions and judgements

Question 22

mediation

Answer 22

way to settle disagreement other that lidigation

Question 23

entrapment

Answer 23

defence against police conduct that illegally induces the defendant to commit a criminal act

Question 24

Three Levels of Government in Canada & their responsibilities

Answer 24

Executive Branch - the administrative branch of government responsible for carrying out the government’s plans and policies
Includes the prime minister, the cabinet, and the public/civil service
Responsible for proposing new laws and ensuring that existing federal laws are enforced.
Administrative branch - sets policies, administering laws, and has the crucial task of controlling government spending
Legislative Branch - the branch that has the power to make, change, and repeal laws
Consists of the House of Comons and the Senate
The Senate - legislation can be defeated in the senate or sent back to the house of commons fr revisions, although they rarely this happens.
Legislation works the same at the provincial level but they do not have a senate
Judiciary Branch - the branch of government responsible for presiding over Canada’s court system. Independent of the other two branches
Made up of judges and justices, who adjudicate disputes, interpret the law, and decide on punishments
Justices are apolitical and independent, there appointment is based on merit instead of political affiliation.

Question 25

Napoleonic Code, Greek Law & Mosaic Law-quick points about them and how have they impacted our current Cdn justice system?

Answer 25

Mosaic Law - Biblical or Hebrew law found in the Book of Exodus, includes the ten commandments
More concerned with punishing deliberate action rather than an accidental act of harm, more likely to punish the guilty party than allow a person of higher status to put the blame on a person of lower status. Care for the poor was a concern in this type of law also respect for parents.
Greek Law - only a small number of people have rights, it was very important to be involved in politics.
Jury system started here and usually limited to 101, 501, 1001 members
Women who were on trial were not allowed to speak for themself, citizens had to speak for them.
If a person was accused both the accused and the accuser would suggest a sentence, then jury would vote on the most appropriate sentence.
Napoleonic Code - the civil law of france completed in 1804 (also called the french civil code), commissioned by Napoleon Bonaparte, then spread throughout much of europe.
Represented a compromise between the Germanic law and the Justinian code
Was not technical and made the law easily accessible to the public, regulated civil matters such as property, wills, contracts, and family law

Question 26

Types of Homicide 🡺 Culpable & Non-Culpable

Answer 26

Culpable is any type of murder or manslaughter, is an offence
Non-culpable is not an offence and includes justifiable uses of force by police or self defence by a civilian. A killing for which a person cannot be held legally responsible, such as one that results from an unforeseeable accident.

Question 27

Pardon-what is it? Is it hard to get? How can you apply? Can it be revoked?

Answer 27

A pardon is when a person’s criminal record is set aside, does not erase it, some countries do not recognize the pardon
Must demonstrate that they are law abiding to be eligible
Can be revoked if you commit another crime
You have to pay $631 as set by the conservative government in 2012

Question 28

Youth Criminals & Sentencing-Differences with Adult Sentence? Types of Sentencing? Factors in Sentencing? Goal of Sentence is different

Answer 28

Main goal is rehabilitation and meaningful sentencing, many youth receive extrajudicial sentences which are participating in community-based programs instead of going to court, the goal is to have the youth take responsibility for their actions, police officer can direct the youth to this.
Aimed at helping the youth successfully reintegrate into society, and become a productive member of the community

Question 29

Criminal Trial Process-How does it work

Answer 29

Crown opening statement, crown brings forth evidence or witnesses with defence cross examining between each, defence opening statement, defence presentation of evidence and witnesses with corn cross examining between each, defence closing statement, crown closing statement, judge or jury deliberation

Question 30

Dangerous Operation of Motor Vehicle

Answer 30

Crown must prove that the safety or lives of others were endangered because the driver failed to exersize the same care a prudent driver would have exercised under the same conditions. Is a hybrid offence punishable by a term of up to 5 years.

Question 31

Three levels of Police and Responsibilities

Answer 31

Federal Police Force
Customs and excise, drug enforcement, economic crime, federal policing, immigration, proceeds of crime, criminal intelligence, international liason and protective services
Provincial Police
Helping municipal police, providing traffic control on major highways, provide investigative services to coroner’s offices and provincial ministries
Municipal Police
There responsibilities include protecting the peace, crime prevention, arresing criminals, execuing warrants, laying charges, enforcing municipal bylaws, etc.

Question 32

Supreme Court-What is it? How many justices involved?

Answer 32

The highest court of canada; also deals with constitutional questions referred to it by the federal government
Chief justice and eight justices, all appointed by the federal government
Is in ottawa and court is held three times a year, cases are heard by a panel of 5, 7, or 9.
Is an APPEALS court

Question 33

Key differences between Civil and Crime cases

Answer 33

Criminal cases are between the crown and an individual or party
Civil cases are between two individuals or parties

Question 34

How is a civil case initiated in Ontario?

Answer 34

Is initiated by one or more individuals on behalf of a group filing a lawsuit, class action lawsuit
Then a writ of summons goes to the defendant to inform them of the charges

Question 35

What happens if someone can’t pay after losing a civil case? What options are there for the plaintiff?

Answer 35

Examination of a Judgment debtor - person gets questioned under oath about their assets
Garnishment - a percent of the defendants wages go towards paying back what they owe, it goes to the court until it has been payed back
Execution / Seizure - (last resort) assests can be seized and then sold to sette the judgement

Question 36

Branches of Private (Civil Law) and Public (Criminal Law) Law – Categories of Law

Answer 36

Civil / private law
Tort - holds people or corporations responsible for damages they cause another person
Contract law - provides rules regarding agreements between people and businesses, regulates the enforcement of contracts
Family - deals with different aspects of family law
Wills and estate - concerned with the division and distribution of property after death
Property - governs ownership rights in property. Not just land but ideas and copyrights items like jewellry and clothing.
Employment / labour - relationship between employer and employee. Unions
PUBLIC LAW
Constitutional - comes from the constitution, most powerful laws. Legal rights and responsibilities of government
Administrative - between citizens and government agencies. Administrative tribunal.
Criminal - identifies and prescribes punishment. Represented by the crown. Punish offenders that hurt society.

Question 37

Young Offenders Act – Minimum & Maximum Age

Answer 37

12-17, 18+ is adult , at 14 can be charged in adult court

Question 38

Mens Rea 🡺 5 Different Types

Answer 38

Intent - a person ment to do something wrong and had a disregard for the consequences
Knowledge - Crown shows that the accused had knowledge of the crime and knew what they were doing was wrong
Criminal negligence - shows reckless disregard for the safety and lives of other people
Recklessness - a person who consciously takes and unjustafiable risk that a reasonable person would not
Wilful blindness - Involves deliberately closing your mind to the possible consequences of your actions

Question 39

Arrest and Search Warrants-Be able to explain what they are and how they work

Answer 39

Arrest - legally depriving someone of liberty by seizing or touching the person to indicate that they are in custody
Search warrant - a court document that gives the police the right to search a specific location

Question 40

Robbery – Definition and Maximum Sentence

Answer 40

The theft of personal property through violence or threat of violence
The maximum sentence is life in prision

Question 41

Assault 🡺 Levels 1, 2, 3-Explain them and cite examples for each

Answer 41

Assault - threatened or actual physical contact without consent; offensive conduct that causes resonable apprehension of imminent harm in the mind of the intended victim
Level one
Is a hybrid offense and has a maximum penalty of 5 yrs
Could be pushing someone or threatening someone with violence that is followed up
Level two
Assault with a weapon or causing bodily harm
Injuring a person in a way that has serious consequences for the victim’s health or comfort. It may also involve carrying, using, or threatening to use a weapon.
Is a hybrid offence, maximum penalty of 10 yrs
Level three
(most violent) Aggravated assult
Wounding, maiming, disfuguring, or endangering the life of the victim
Is an indictable offence, maximum penalty of 14 yrs

Question 42

Provocation Defence-What is it? What’s the 4 part criteria when it can be accepted? What is the only charge it can be used for?

Answer 42

Provocation - words or actions that could cause a reasonable person to behave irrationally or lose self-control
If the offender/accused can show that the victim provoked the incident, the victim did something so insulting or outrageous that is caused the accused to lose self-control.
- can only be used for reducing the charge of murder to manslaughter.
- the 4 criteria are
1. Wrongful act or insult occurred
2.Act or issult was sufficient to derive an ordinary person to lose self control
3.Person respond suddenly
4.Person respond before there was time for emotions to cool

Question 43

Three Levels of Offences 🡺 Indictable, Hybrid & Summary-explain the differences and cite examples

Answer 43

Summary
A crime that is considered less serious and carries a lighter penalty
Generally is convicted the person pays a fine of up to $2000 and/or imprisoned for up to 6 months
Usually delt with quickly and simply
Indictable
More serious than a summary conviction and carries a heavier penalty
Max penalty is between 2 yrs to life imprisonment
If max penalty is under 5 yrs trial will be held at provincial or superior court before a judge. If max penalty is more that 5 yrs the accused can choose between just a judge or judge and jury.
Hybrid
An offence that the brown can try either as a summary or indictable offence
They are always treated as indictable until charges are laid, at that point the crown decides how to treat it
Usually depends on the circumstance such as if they have prior convictions, a stable job, good support system, etc, and how severe it was

Question 44

Three components that make up the Rule of Law-Explain what it is and how it can be used

Answer 44

1. Individuals must recognize and accept that the law is necessary to regulate society
2. The law applies equally to everyone, including people in power, such as heads of state, police officers, judges, and politicians
3. No one has the authority to exercise unrestricted power to take away our rights accept in accordance with the laws

Question 45

Assisted Suicide-why is it a crime? Should it be a crime? How has it impacted our society for the better/worse?

Answer 45

Still are killing someone, can also be very difficult to prove
Can be classified as counselling as well
Has a maximum sentence of 14 yrs

Question 46

Intoxication Defence- When can you use it? Should it be a valid defence, compared to other defences? When can it not be used

Answer 46

The condition of being overpowered by alcohol or drugs to the point of losing self-control
May be used to crimes of specific intent but not general intent
General - commits wrongful act for its own sake, with no ulterior motive
Specific - commits one wrongful act for the sake of accomplishing another
If the person lacks the mental capacity to due intoxication to commit specific intent, then the mental element cannot be proven; accused cannot be found guilty

Question 47

Bodily substances found at the scene of a crime-What’s the most common found

Answer 47

the most common substance is blood

Question 48

Sentencing Factors?-What the difference between mitigating and aggravating factors? Cite examples for each

Answer 48

Mitigating factors - factors that lessen a sentence
Aggravating factors - factors that increase a sentence

Question 49

Parity Principle-What is it and how is it used by defence lawyers? Is it a fair process? What are the advantages and disadvantages of the Principle?

Answer 49

Is people who committed the same crime should recieve similar sentences unless the jury can well explain why there is a bigger difference